Mothers in Armed Conflicts: International Legal Instruments Applicable to International Family Law

Paula Gonçales
19 hours ago
4 min read

Updated: 18 hours ago

As we celebrate Mother's Day, it is also a time to remember those who experience motherhood under the most adverse circumstances. With this in mind, this edition highlights the story of Rania, a Palestinian mother living in the Gaza Strip, who shared her experience with Amnesty International. Her testimony, published by the organization in late April 2025, offers a painful yet essential perspective on what it means to be a mother in the midst of armed conflict—a reality that may also affect Brazilian mothers facing similar circumstances.

Rania's account reflects the daily reality of war, scarcity, and destruction, while also revealing the strength of maternal love that endures even when everything else appears to be falling apart. In her testimony, she describes how Mother's Day, celebrated on 21 March in Palestine, coincided with Ramadan and yet another evacuation order issued by the Israeli military:

"I live in Beit Lahia. We are still clearing away the rubble, trying to restore our damaged home so that it becomes habitable again, more than a month after returning to the north. Everything here is a struggle. Being a mother during genocide means fighting every minute, every second, to provide for your family when nothing is available. Finding clean drinking water is a battle; securing food is a battle; finding fresh vegetables or fruit is a dream. But I am one of the lucky mothers because my children are still alive."

She also writes:

"I look at my children and feel guilty because they have been denied their childhood. They have been forced into the harsh world of adulthood and war: no schools, no playgrounds, no daily walks by the sea. I hear the bombs, and I wish I could wrap them in my own body. I wish my love—greater than the universe—could protect and shelter them."

Rania's words make the human consequences of war tangible: the loss of shelter, food insecurity, emotional trauma, and the destruction of everyday family life. Although such situations may appear distant, they also affect Brazilian women who, because of armed conflicts abroad, seek refuge in their country of origin. In these circumstances, the law becomes an essential instrument of protection, assistance, and reconstruction.

It is important to recognize that these cases—although often overlooked or invisible—are becoming increasingly common in the practice of legal professionals in Brazil. In an increasingly interconnected world, and amid the growing number of armed conflicts across the globe, it is no longer unusual to encounter Brazilian mothers living in war zones or returning from situations marked by violence, forced displacement, and profound loss.

In such circumstances, particularly within the field of International Family Law, legal practitioners must be able to recognize the unique characteristics of these experiences, adapt their professional approach, and provide legal assistance that is both technically sound and sensitive to the realities faced by these women and their families.

One such example is the case of a Brazilian woman who gave birth in Gaza and, in February 2024, managed to leave the territory with her three children after months of living under bombardment, severe shortages, and constant uncertainty. This is only one of many examples demonstrating the urgent need to develop legal responses committed to the comprehensive protection of mothers and children living in situations of exceptional vulnerability.

In light of this—and considering the very real possibility that legal practitioners may encounter mothers and children who have arrived in Brazil as a consequence of armed conflicts—we have listed below 14 international legal instruments that should form part of every International Family Law practitioner's legal framework when assisting these families:

Universal Declaration of Human Rights (1948)
Geneva Convention IV (1949)
Convention Relating to the Status of Refugees (1951)
International Covenant on Economic, Social and Cultural Rights (1966)
International Covenant on Civil and Political Rights (1966)
1967 Protocol Relating to the Status of Refugees
American Convention on Human Rights (1969)
Declaration on the Protection of Women and Children in Emergency and Armed Conflict (1974)
Additional Protocols I and II (1977) to the Geneva Conventions
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1979)
Convention on the Rights of the Child (1989)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
HCCH Conventions of 1980 and 1996
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2000)

Finally, it is worth emphasizing that, beyond technical expertise in International Family Law, representing families affected by armed conflict requires empathy, active and compassionate listening, freedom from stereotypes, and the adoption of both a gender-sensitive and an intersectional approach.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. If you require guidance regarding your specific circumstances, please consult a qualified legal professional.