Enhancing the Rights and Legal Protection of Children Born of Conflict-Related Sexual Violence
GRACE is leading a groundbreaking project to strengthen legal protections for children born of conflict-related sexual violence (CBoCRSV).
We [children born of war] all know what can happen when the state does not protect a vulnerable group, like war children. when peace comes we are children of shame, children of the enemy, children of the hates and we need special protection from the state. If not, the worst can happen and it does. Perhaps there is a chance that governments can look forward and prepare for the protection of war children.
~ Gerd Fleischer, Norwegian child born of war and Human Rights activist
Funded by Research England, the Legal Protection of Children Born of Conflict-Related Sexual Violence: A Policy Framework for Conflict Settings brings together children born of war (CBOW), survivors of wartime sexual violence, activists, policymakers, and legal experts from Bosnia, Norway, Ukraine and the UK to collaborate to develop policy solutions that enhance legal rights for CBoCRSV and contribute to community integration for them and their mothers.
The goal is to co-develop a legal and policy framework and roadmap for countries at war, including Ukraine. Our survivor-led approach emphasises the need for policy recommendations to reflect real lived experiences. It will combine research-led insights with survivor-led advocacy.
Background on the Rights of Children Born of Conflict-Related Sexual Violence
Many children born of war face legal and social discrimination. In 2019, the UN Security Council Resolution 2467 recognised the distinct risks of economic and social marginalisation of CBoCRSV and called on States to recognise these children’s equal rights in national legislation, consistent with their obligations under the UN Convention on the Rights of the Child and the Convention on the Elimination of all forms of Discrimination against Women CEDAW.
The UK Foreign, Commonwealth and Development Office (FCDO)’s Platform for Action Promoting the Rights and Wellbeing of CBoCRSV was launched in London at the Prevention of Sexual Violence Initiative (PSVI) Conference in November 2022.
The Platform for Action identified five core issues of concern with regard to the rights and wellbeing of CBoCRSV:
1. Inequality, stigma and exclusion
2. Barriers to legal identity, nationality and belonging
3. Lack of access to physical and mental health support
4. Insufficient consultation and opportunities to be heard
5. Vulnerability to violence, exploitation and abuse
The significance of the Platform’s concerns was underscored by the recent FCDO-commissioned Rapid Evidence Assessment on the rights and wellbeing of CBoCRSV. On the basis of an analysis of existing research this report made a number of recommendations to better support the health and wellbeing of CBoCRSV, including new policy frameworks, the enhancement of legal protections, the integration of CBoCRSV in social and health policies, educational support programmes, improved social services and economic support, and community reintegration strategies. The authors of the evaluation specifically recommend the application of the findings to new contexts such as Ukraine (p.83).
The project harnesses the expertise of long-term partners to GRACE Trustee, Professor Sabine Lee, who has been pioneering research projects on children born of war for over a decade. These partners include:
- The Bosnian CBOW organisation ZDR and the Norwegian activist (and CBOW) Gerd Fleischer, who have successfully lobbied for legal protection of CBOW in their home countries and – trans-generationally – in other countries;
- Expert partners including Erica Hall, Child Rights and Gender Specialist and members of the FCDO PSVI team.
The project also seeks to involve the following project partners and build on existing working relationships with Ukrainian activists and policy makers:
- SEMA Ukraine (survivors organisation);
- The Global Survivors Fund (GSF).
The Legal Protection of Children Born of Conflict-Related Sexual Violence has three stages, integrating an initial legal review of current legislation and systems in place in Ukraine as they relate to the rights of CBoCRSV into a policy-oriented stakeholder engagement in the form of workshops.
London, UK Workshop: 27 – 28 March
In March, GRACE hosted a two-day workshop in London. It included CBOW, Ukrainian policymakers, legal experts, and activists—all contributing to a stronger, more effective framework. The aim was to develop a method for analysing laws affecting CBoCRSV, starting with a pilot in Ukraine.
Day one of the workshop was hosted by the Embassy of Bosnia & Herzegovina, and we tackled legal barriers affecting CBoCRSV and defined key principles for policy analysis. Two children born of war, Gerd Fleischer and Lejla Damon, shared their powerful experiences, shedding light on different generations’ struggles.
Day two of the workshop was held at the FCDO and participants developed an analytical framework and toolkit to support law and policy reforms for CBoCRSV. The next step was piloting it in Ukraine.
Uzhhorod, Ukraine Workshop: 3 – 4 July
Our Ukraine Workshop focused on understanding the legal landscape for survivors of conflict-related sexual violence (CRSV) and their children in Ukraine. Collaboratively we engaged in mapping real change for survivors. Together, we explored how legal theory translates into practical support and action.
The Grand Duchess of Luxembourg—an advocate for women, children, and survivors of sexual violence in conflict—together with Stand Speak Rise Up!, which supports survivors and their children, delivered the workshop’s opening address.
Participants included survivors with lived experience, civil society organisations, activists, lawyers, researchers, and members of the Ukrainian Parliament. Together, we identified strengths and gaps in support for survivors of conflict-related sexual violence (CRSV) and their children. Our session clarified barriers to policy implementation and ways to overcome them. By mapping both challenges and opportunities, we are working toward practical policies that ensure survivors can access justice and support.
