Having
considered the recommendation of the Economic and
Social Council contained in its resolution 1861 (LVI) of 16 May 1974,
Expressing its deep concern over the sufferings of
women and children belonging to the civilian population who in periods of emergency
and armed conflict in the struggle for peace, self-determination, national
liberation and independence are too often the victims of inhuman acts and
consequently suffer serious harm,
Aware of the suffering of
women and children in many areas of the world, especially in those areas
subject to suppression, aggression, colonialism, racism, alien domination and
foreign subjugation,
Deeply concerned by the fact that,
despite general and unequivocal condemnation, colonialism, racism and alien and
foreign domination continue to subject many peoples under their yoke, cruelly
suppressing the national liberation movements and inflicting heavy losses and
incalculable sufferings on the populations under their domination, including
women and children,
Deploring the fact that grave
attacks are still being made on fundamental freedoms and the dignity of the
human person and that colonial and racist foreign domination Powers continue to
violate international humanitarian law,
Recalling the relevant
provisions contained in the instruments of international humanitarian law
relative to the protection of women and children in time of peace and war,
Recalling, among other
important documents, its resolutions 2444 (XXIII) of 19 December 1968, 2597
(XXIV) of 16 December 1969 and 2674 (XXV) and 2675 (XXV) of 9 December 1970, on
respect for human rights and on basic principles for the protection of civilian
populations in armed conflicts, as well as Economic and Social Council
resolution 1515 (XLVIII) of 28 May 1970 in which the Council requested the
General Assembly to consider the possibility of drafting a declaration on the
protection of women and children in emergency or wartime,
Conscious of its responsibility
for the destiny of the rising generation and for the destiny of mothers, who
play an important role in society, in the family and particularly in the
upbringing of children,
Bearing in mind the need to provide
special protection of women and children belonging to the civilian population,
Solemnly proclaims this Declaration on
the Protection of Women and Children in Emergency and Armed Conflict and calls
for the strict observance of the Declaration by all Member States:
1. Attacks and bombings on the civilian
population, inflicting incalculable suffering, especially on women and
children, who are the most vulnerable members of the population, shall be
prohibited, and such acts shall be condemned.
2. The use of chemical and bacteriological
weapons in the course of military operations constitutes one of the most
flagrant violations of the Geneva Protocol of 1925, the Geneva Conventions of
1949 and the principles of international humanitarian law and inflicts heavy
losses on civilian populations, including defenceless women and children, and
shall be severely condemned.
3. All States shall abide fully by their
obligations under the Geneva Protocol of 1925 and the Geneva Conventions of
1949, as well as other instruments of international law relative to respect for
human rights in armed conflicts, which offer important guarantees for the
protection of women and children.
4. All efforts shall be made by States
involved in armed conflicts, military operations in foreign territories or
military operations in territories still under colonial domination to spare
women and children from the ravages of war. All the necessary steps shall be
taken to ensure the prohibition of measures such as persecution, torture,
punitive measures, degrading treatment and violence, particularly against that
part of the civilian population that consists of women and children.
5. All forms of repression and cruel and
inhuman treatment of women and children, including imprisonment, torture,
shooting, mass arrests, collective punishment, destruction of dwellings and
forcible eviction, committed by belligerents in the course of military
operations or in occupied territories shall be considered criminal.
6. Women and children belonging to the
civilian population and finding themselves in circumstances of emergency and
armed conflict in the struggle for peace, self-determination, national
liberation and independence, or who live in occupied territories, shall not be
deprived of shelter, food, medical aid or other inalienable rights, in
accordance with the provisions of the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the Declaration of the Rights
of the Child or other instruments of international law.
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Office
of the United Nations High Commissioner for Human Rights
Geneva,
Switzerland