The right to recovery and reintegration of child victims of armed conflict : a public subjective rights approach

Abstract

The right of child victims of armed conflict to recovery and reintegration in essence is a particular exposition of the public law relationship. In this study reference is made to the theory of public subjective rights as it applies in German law to explain the relationship. Shortcomings in the theory are identified after which aspects of the Reformed Tradition are discussed to come to sound solutions. An effort is made to establish a theoretical framework in terms of which the relationship can be explained comprehensively. The conclusion is reached that particular status aspects of child victims are activated in their relationship with the State. It is only in terms of the negative and positive status aspects (which relate to the juridical destination of the State) that child victims may demand negative or positive State conduct in their favour.