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Convention on the Rights of the Child
Adopted and opened for signature, ratification and
accession by General Assembly resolution 44/25 of 20 November 1989
entry into force 2 September
1990, in accordance with article 49
PREAMBLE
The States Parties to the present Convention,
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the inherent dignity and of
the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Bearing in mind that the peoples of the United Nations have,
in the Charter, reaffirmed their faith in fundamental human rights and in the
dignity and worth of the human person, and have determined to promote social
progress and better standards of life in larger freedom,
Recognizing that the United Nations has, in the Universal
Declaration of Human Rights and in the International Covenants on Human Rights,
proclaimed and agreed that everyone is entitled to all the rights and freedoms
set forth therein, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status,
Recalling that, in the Universal Declaration of Human Rights,
the United Nations has proclaimed that childhood is entitled to special care and
assistance,
Convinced that the family, as the fundamental group of society
and the natural environment for the growth and well-being of all its members and
particularly children, should be afforded the necessary protection and
assistance so that it can fully assume its responsibilities within the
community,
Recognizing that the child, for the full and harmonious
development of his or her personality, should grow up in a family environment,
in an atmosphere of happiness, love and understanding,
Considering that the child should be fully prepared to live an
individual life in society, and brought up in the spirit of the ideals
proclaimed in the Charter of the United Nations, and in particular in the spirit
of peace, dignity, tolerance, freedom, equality and solidarity,
Bearing in mind that the need to extend particular care to the
child has been stated in the Geneva Declaration of the Rights of the Child of
1924 and in the Declaration of the Rights of the Child adopted by the General
Assembly on 20 November 1959 and recognized in the Universal Declaration of
Human Rights, in the International Covenant on Civil and Political Rights (in
particular in articles 23 and 24), in the International Covenant on Economic,
Social and Cultural Rights (in particular in article 10) and in the statutes and
relevant instruments of specialized agencies and international organizations
concerned with the welfare of children,
Bearing in mind that, as indicated in the Declaration of the
Rights of the Child, "the child, by reason of his physical and mental
immaturity, needs special safeguards and care, including appropriate legal
protection, before as well as after birth",
Recalling the provisions of the Declaration on Social and
Legal Principles relating to the Protection and Welfare of Children, with
Special Reference to Foster Placement and Adoption Nationally and
Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules); and the Declaration on
the Protection of Women and Children in Emergency and Armed Conflict,
Recognizing that, in all countries in the world, there are children living in
exceptionally difficult conditions, and that such children need special
consideration,
Taking due account of the importance of the traditions and
cultural values of each people for the protection and harmonious development of
the child, Recognizing the importance of international co-operation for
improving the living conditions of children in every country, in particular in
the developing countries,
Have agreed as follows:
PART I
Article 1
For the purposes of the present Convention, a child means every
human being below the age of eighteen years unless under the law applicable to
the child, majority is attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set
forth in the present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child's or his or her parent's
or legal guardian's race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or other
status.
2. States Parties shall take all appropriate measures to
ensure that the child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed opinions, or
beliefs of the child's parents, legal guardians, or family members.
Article 3
1. In all actions concerning children, whether undertaken by
public or private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be a
primary consideration.
2. States Parties undertake to ensure the child such
protection and care as is necessary for his or her well-being, taking into
account the rights and duties of his or her parents, legal guardians, or other
individuals legally responsible for him or her, and, to this end, shall take all
appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services
and facilities responsible for the care or protection of children shall conform
with the standards established by competent authorities, particularly in the
areas of safety, health, in the number and suitability of their staff, as well
as competent supervision.
Article 4
States Parties shall undertake all appropriate legislative,
administrative, and other measures for the implementation of the rights
recognized in the present Convention. With regard to economic, social and
cultural rights, States Parties shall undertake such measures to the maximum
extent of their available resources and, where needed, within the framework of
international co-operation.
Article 5
States Parties shall respect the responsibilities, rights and
duties of parents or, where applicable, the members of the extended family or
community as provided for by local custom, legal guardians or other persons
legally responsible for the child, to provide, in a manner consistent with the
evolving capacities of the child, appropriate direction and guidance in the
exercise by the child of the rights recognized in the present Convention.
Article 6
1. States Parties recognize that every child has the inherent
right to life.
2. States Parties shall ensure to the maximum extent possible
the survival and development of the child.
Article 7
1. The child shall be registered immediately after birth and
shall have the right from birth to a name, the right to acquire a nationality
and. as far as possible, the right to know and be cared for by his or her
parents.
2. States Parties shall ensure the implementation of these
rights in accordance with their national law and their obligations under the
relevant international instruments in this field, in particular where the child
would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child
to preserve his or her identity, including nationality, name and family
relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the
elements of his or her identity, States Parties shall provide appropriate
assistance and protection, with a view to re-establishing speedily his or her
identity.
Article 9
1. States Parties shall ensure that a child shall not be
separated from his or her parents against their will, except when competent
authorities subject to judicial review determine, in accordance with applicable
law and procedures, that such separation is necessary for the best interests of
the child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents
are living separately and a decision must be made as to the child's place of
residence.
2. In any proceedings pursuant to paragraph 1 of the present
article, all interested parties shall be given an opportunity to participate in
the proceedings and make their views known.
3. States Parties shall respect the right of the child who is
separated from one or both parents to maintain personal relations and direct
contact with both parents on a regular basis, except if it is contrary to the
child's best interests.
4. Where such separation results from any action initiated by
a State Party, such as the detention, imprisonment, exile, deportation or death
(including death arising from any cause while the person is in the custody of
the State) of one or both parents or of the child, that State Party shall, upon
request, provide the parents, the child or, if appropriate, another member of
the family with the essential information concerning the whereabouts of the
absent member(s) of the family unless the provision of the information would be
detrimental to the well-being of the child. States Parties shall further ensure
that the submission of such a request shall of itself entail no adverse
consequences for the person(s) concerned.
Article 10
1. In accordance with the obligation of States Parties under
article 9, paragraph 1, applications by a child or his or her parents to enter
or leave a State Party for the purpose of family reunification shall be dealt
with by States Parties in a positive, humane and expeditious manner. States
Parties shall further ensure that the submission of such a request shall entail
no adverse consequences for the applicants and for the members of their family.
2. A child whose parents reside in different States shall have
the right to maintain on a regular basis, save in exceptional circumstances
personal relations and direct contacts with both parents. Towards that end and
in accordance with the obligation of States Parties under article 9, paragraph
1, States Parties shall respect the right of the child and his or her parents to
leave any country, including their own, and to enter their own country. The
right to leave any country shall be subject only to such restrictions as are
prescribed by law and which are necessary to protect the national security,
public order (ordre public), public health or morals or the rights and freedoms
of others and are consistent with the other rights recognized in the present
Convention.
Article 11
1. States Parties shall take measures to combat the illicit
transfer and non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of
bilateral or multilateral agreements or accession to existing agreements.
Article 12
1. States Parties shall assure to the child who is capable of
forming his or her own views the right to express those views freely in all
matters affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided
the opportunity to be heard in any judicial and administrative proceedings
affecting the child, either directly, or through a representative or an
appropriate body, in a manner consistent with the procedural rules of national
law.
Article 13
1. The child shall have the right to freedom of expression;
this right shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of the child's choice.
2. The exercise of this right may be subject to certain
restrictions, but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order
(ordre public), or of public health or morals.
Article 14
1. States Parties shall respect the right of the child to
freedom of thought, conscience and religion.
2. States Parties shall respect the rights and duties of the
parents and, when applicable, legal guardians, to provide direction to the child
in the exercise of his or her right in a manner consistent with the evolving
capacities of the child.
3. Freedom to manifest one's religion or beliefs may be
subject only to such limitations as are prescribed by law and are necessary to
protect public safety, order, health or morals, or the fundamental rights and
freedoms of others.
Article 15
1. States Parties recognize the rights of the child to freedom
of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these
rights other than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national security or
public safety, public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others.
Article 16
1. No child shall be subjected to arbitrary or unlawful
interference with his or her privacy, family, home or correspondence, nor to
unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law
against such interference or attacks.
Article 17
States Parties recognize the important function performed by
the mass media and shall ensure that the child has access to information and
material from a diversity of national and international sources, especially
those aimed at the promotion of his or her social, spiritual and moral
well-being and physical and mental health.
To this end, States Parties shall:
(a) Encourage the mass media to disseminate information and
material of social and cultural benefit to the child and in accordance with the
spirit of article 29;
(b) Encourage international co-operation in the production,
exchange and dissemination of such information and material from a diversity of
cultural, national and international sources;
(c) Encourage the production and dissemination of children's
books;
(d) Encourage the mass media to have particular regard to the
linguistic needs of the child who belongs to a minority group or who is
indigenous;
(e) Encourage the development of appropriate guidelines for
the protection of the child from information and material injurious to his or
her well-being, bearing in mind the provisions of articles 13 and 18.
Article 18
1. States Parties shall use their best efforts to ensure
recognition of the principle that both parents have common responsibilities for
the upbringing and development of the child. Parents or, as the case may be,
legal guardians, have the primary responsibility for the upbringing and
development of the child. The best interests of the child will be their basic
concern.
2. For the purpose of guaranteeing and promoting the rights
set forth in the present Convention, States Parties shall render appropriate
assistance to parents and legal guardians in the performance of their
child-rearing responsibilities and shall ensure the development of institutions,
facilities and services for the care of children.
3. States Parties shall take all appropriate measures to
ensure that children of working parents have the right to benefit from
child-care services and facilities for which they are eligible.
Article 19
1. States Parties shall take all appropriate legislative,
administrative, social and educational measures to protect the child from all
forms of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while in the
care of parent(s), legal guardian(s) or any other person who has the care of the
child.
2. Such protective measures should, as appropriate, include
effective procedures for the establishment of social programmes to provide
necessary support for the child and for those who have the care of the child, as
well as for other forms of prevention and for identification, reporting,
referral, investigation, treatment and follow-up of instances of child
maltreatment described heretofore, and, as appropriate, for judicial
involvement.
Article 20
1. A child temporarily or permanently deprived of his or her
family environment, or in whose own best interests cannot be allowed to remain
in that environment, shall be entitled to special protection and assistance
provided by the State.
2. States Parties shall in accordance with their national laws
ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement,
kafalah of Islamic law, adoption or if necessary placement in suitable
institutions for the care of children. When considering solutions, due regard
shall be paid to the desirability of continuity in a child's upbringing and to
the child's ethnic, religious, cultural and linguistic background.
Article 21
States Parties that recognize and/or permit the system of
adoption shall ensure that the best interests of the child shall be the
paramount consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by
competent authorities who determine, in accordance with applicable law and
procedures and on the basis of all pertinent and reliable information, that the
adoption is permissible in view of the child's status concerning parents,
relatives and legal guardians and that, if required, the persons concerned have
given their informed consent to the adoption on the basis of such counselling as
may be necessary;
(b) Recognize that inter-country adoption may be considered as
an alternative means of child's care, if the child cannot be placed in a foster
or an adoptive family or cannot in any suitable manner be cared for in the
child's country of origin;
(c) Ensure that the child concerned by inter-country adoption
enjoys safeguards and standards equivalent to those existing in the case of
national adoption;
(d) Take all appropriate measures to ensure that, in
inter-country adoption, the placement does not result in improper financial gain
for those involved in it;
(e) Promote, where appropriate, the objectives of the present
article by concluding bilateral or multilateral arrangements or agreements, and
endeavour, within this framework, to ensure that the placement of the child in
another country is carried out by competent authorities or organs.
Article 22
1. States Parties shall take appropriate measures to ensure
that a child who is seeking refugee status or who is considered a refugee in
accordance with applicable international or domestic law and procedures shall,
whether unaccompanied or accompanied by his or her parents or by any other
person, receive appropriate protection and humanitarian assistance in the
enjoyment of applicable rights set forth in the present Convention and in other
international human rights or humanitarian instruments to which the said States
are Parties.
2. For this purpose, States Parties shall provide, as they
consider appropriate, co-operation in any efforts by the United Nations and
other competent intergovernmental organizations or non-governmental
organizations co-operating with the United Nations to protect and assist such a
child and to trace the parents or other members of the family of any refugee
child in order to obtain information necessary for reunification with his or her
family. In cases where no parents or other members of the family can be found,
the child shall be accorded the same protection as any other child permanently
or temporarily deprived of his or her family environment for any reason , as set
forth in the present Convention.
Article 23
1. States Parties recognize that a mentally or physically
disabled child should enjoy a full and decent life, in conditions which ensure
dignity, promote self-reliance and facilitate the child's active participation
in the community.
2. States Parties recognize the right of the disabled child to
special care and shall encourage and ensure the extension, subject to available
resources, to the eligible child and those responsible for his or her care, of
assistance for which application is made and which is appropriate to the child's
condition and to the circumstances of the parents or others caring for the
child.
3. Recognizing the special needs of a disabled child,
assistance extended in accordance with paragraph 2 of the present article shall
be provided free of charge, whenever possible, taking into account the financial
resources of the parents or others caring for the child, and shall be designed
to ensure that the disabled child has effective access to and receives
education, training, health care services, rehabilitation services, preparation
for employment and recreation opportunities in a manner conducive to the child's
achieving the fullest possible social integration and individual development,
including his or her cultural and spiritual development
4. States Parties shall promote, in the spirit of
international cooperation, the exchange of appropriate information in the field
of preventive health care and of medical, psychological and functional treatment
of disabled children, including dissemination of and access to information
concerning methods of rehabilitation, education and vocational services, with
the aim of enabling States Parties to improve their capabilities and skills and
to widen their experience in these areas. In this regard, particular account
shall be taken of the needs of developing countries.
Article 24
1. States Parties recognize the right of the child to the
enjoyment of the highest attainable standard of health and to facilities for the
treatment of illness and rehabilitation of health. States Parties shall strive
to ensure that no child is deprived of his or her right of access to such health
care services.
2. States Parties shall pursue full implementation of this
right and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance
and health care to all children with emphasis on the development of primary
health care;
(c) To combat disease and malnutrition, including within the
framework of primary health care, through, inter alia, the application of
readily available technology and through the provision of adequate nutritious
foods and clean drinking-water, taking into consideration the dangers and risks
of environmental pollution;
(d) To ensure appropriate pre-natal and post-natal health care
for mothers;
(e) To ensure that all segments of society, in particular
parents and children, are informed, have access to education and are supported
in the use of basic knowledge of child health and nutrition, the advantages of
breastfeeding, hygiene and environmental sanitation and the prevention of
accidents;
(f) To develop preventive health care, guidance for parents
and family planning education and services.
3. States Parties shall take all effective and appropriate
measures with a view to abolishing traditional practices prejudicial to the
health of children.
4. States Parties undertake to promote and encourage
international co-operation with a view to achieving progressively the full
realization of the right recognized in the present article. In this regard,
particular account shall be taken of the needs of developing countries.
Article 25
States Parties recognize the right of a child who has been
placed by the competent authorities for the purposes of care, protection or
treatment of his or her physical or mental health, to a periodic review of the
treatment provided to the child and all other circumstances relevant to his or
her placement.
Article 26
1. States Parties shall recognize for every child the right to
benefit from social security, including social insurance, and shall take the
necessary measures to achieve the full realization of this right in accordance
with their national law.
2. The benefits should, where appropriate, be granted, taking
into account the resources and the circumstances of the child and persons having
responsibility for the maintenance of the child, as well as any other
consideration relevant to an application for benefits made by or on behalf of
the child.
Article 27
1. States Parties recognize the right of every child to a
standard of living adequate for the child's physical, mental, spiritual, moral
and social development.
2. The parent(s) or others responsible for the child have the
primary responsibility to secure, within their abilities and financial
capacities, the conditions of living necessary for the child's development.
3. States Parties, in accordance with national conditions and
within their means, shall take appropriate measures to assist parents and others
responsible for the child to implement this right and shall in case of need
provide material assistance and support programmes, particularly with regard to
nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to
secure the recovery of maintenance for the child from the parents or other
persons having financial responsibility for the child, both within the State
Party and from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that of the child,
States Parties shall promote the accession to international agreements or the
conclusion of such agreements, as well as the making of other appropriate
arrangements.
Article 28
1. States Parties recognize the right of the child to
education, and with a view to achieving this right progressively and on the
basis of equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to
all;
(b) Encourage the development of different forms of secondary
education, including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in case of
need;
(c) Make higher education accessible to all on the basis of
capacity by every appropriate means;
(d) Make educational and vocational information and guidance
available and accessible to all children;
(e) Take measures to encourage regular attendance at schools
and the reduction of drop-out rates.
2. States Parties shall take all appropriate measures to
ensure that school discipline is administered in a manner consistent with the
child's human dignity and in conformity with the present Convention.
3. States Parties shall promote and encourage international
cooperation in matters relating to education, in particular with a view to
contributing to the elimination of ignorance and illiteracy throughout the world
and facilitating access to scientific and technical knowledge and modern
teaching methods. In this regard, particular account shall be taken of the needs
of developing countries.
Article 29
1. States Parties agree that the education of the child shall
be directed to:
(a) The development of the child's personality, talents and
mental and physical abilities to their fullest potential;
(b) The development of respect for human rights and
fundamental freedoms, and for the principles enshrined in the Charter of the
United Nations;
(c) The development of respect for the child's parents, his or
her own cultural identity, language and values, for the national values of the
country in which the child is living, the country from which he or she may
originate, and for civilizations different from his or her own;
(d) The preparation of the child for responsible life in a
free society, in the spirit of understanding, peace, tolerance, equality of
sexes, and friendship among all peoples, ethnic, national and religious groups
and persons of indigenous origin;
(e) The development of respect for the natural environment.
2. No part of the present article or article 28 shall be
construed so as to interfere with the liberty of individuals and bodies to
establish and direct educational institutions, subject always to the observance
of the principle set forth in paragraph 1 of the present article and to the
requirements that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.
Article 30
In those States in which ethnic, religious or linguistic
minorities or persons of indigenous origin exist, a child belonging to such a
minority or who is indigenous shall not be denied the right, in community with
other members of his or her group, to enjoy his or her own culture, to profess
and practise his or her own religion, or to use his or her own language.
Article 31
1. States Parties recognize the right of the child to rest and
leisure, to engage in play and recreational activities appropriate to the age of
the child and to participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the
child to participate fully in cultural and artistic life and shall encourage the
provision of appropriate and equal opportunities for cultural, artistic,
recreational and leisure activity.
Article 32
1. States Parties recognize the right of the child to be
protected from economic exploitation and from performing any work that is likely
to be hazardous or to interfere with the child's education, or to be harmful to
the child's health or physical, mental, spiritual, moral or social development.
2. States Parties shall take legislative, administrative,
social and educational measures to ensure the implementation of the present
article. To this end, and having regard to the relevant provisions of other
international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission to
employment;
(b) Provide for appropriate regulation of the hours and
conditions of employment;
(c) Provide for appropriate penalties or other sanctions to
ensure the effective enforcement of the present article.
Article 33
States Parties shall take all appropriate measures, including
legislative, administrative, social and educational measures, to protect
children from the illicit use of narcotic drugs and psychotropic substances as
defined in the relevant international treaties, and to prevent the use of
children in the illicit production and trafficking of such substances.
Article 34
States Parties undertake to protect the child from all forms
of sexual exploitation and sexual abuse. For these purposes, States Parties
shall in particular take all appropriate national, bilateral and multilateral
measures to prevent:
(a) The inducement or coercion of a child to engage in any
unlawful sexual activity;
(b) The exploitative use of children in prostitution or other
unlawful sexual practices;
(c) The exploitative use of children in pornographic
performances and materials.
Article 35
States Parties shall take all appropriate national, bilateral
and multilateral measures to prevent the abduction of, the sale of or traffic in
children for any purpose or in any form.
Article 36
States Parties shall protect the child against all other forms
of exploitation prejudicial to any aspects of the child's welfare.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment. Neither capital punishment nor
life imprisonment without possibility of release shall be imposed for offences
committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty
unlawfully or arbitrarily. The arrest, detention or imprisonment of a child
shall be in conformity with the law and shall be used only as a measure of last
resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with
humanity and respect for the inherent dignity of the human person, and in a
manner which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from adults
unless it is considered in the child's best interest not to do so and shall have
the right to maintain contact with his or her family through correspondence and
visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the
right to prompt access to legal and other appropriate assistance, as well as the
right to challenge the legality of the deprivation of his or her liberty before
a court or other competent, independent and impartial authority, and to a prompt
decision on any such action.
Article 38
1. States Parties undertake to respect and to ensure respect
for rules of international humanitarian law applicable to them in armed
conflicts which are relevant to the child.
2. States Parties shall take all feasible measures to ensure
that persons who have not attained the age of fifteen years do not take a direct
part in hostilities.
3. States Parties shall refrain from recruiting any person who
has not attained the age of fifteen years into their armed forces. In recruiting
among those persons who have attained the age of fifteen years but who have not
attained the age of eighteen years, States Parties shall endeavour to give
priority to those who are oldest.
4. In accordance with their obligations under international
humanitarian law to protect the civilian population in armed conflicts, States
Parties shall take all feasible measures to ensure protection and care of
children who are affected by an armed conflict.
Article 39
States Parties shall take all appropriate measures to promote
physical and psychological recovery and social reintegration of a child victim
of: any form of neglect, exploitation, or abuse; torture or any other form of
cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such
recovery and reintegration shall take place in an environment which fosters the
health, self-respect and dignity of the child.
Article 40
1. States Parties recognize the right of every child alleged
as, accused of, or recognized as having infringed the penal law to be treated in
a manner consistent with the promotion of the child's sense of dignity and
worth, which reinforces the child's respect for the human rights and fundamental
freedoms of others and which takes into account the child's age and the
desirability of promoting the child's reintegration and the child's assuming a
constructive role in society.
2. To this end, and having regard to the relevant provisions
of international instruments, States Parties shall, in particular, ensure that:
(a) No child shall be alleged as, be accused of, or recognized
as having infringed the penal law by reason of acts or omissions that were not
prohibited by national or international law at the time they were committed;
(b) Every child alleged as or accused of having infringed the
penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to
law;
(ii) To be informed promptly and directly of the charges
against him or her, and, if appropriate, through his or her parents or legal
guardians, and to have legal or other appropriate assistance in the preparation
and presentation of his or her defence;
(iii) To have the matter determined without delay by a
competent, independent and impartial authority or judicial body in a fair
hearing according to law, in the presence of legal or other appropriate
assistance and, unless it is considered not to be in the best interest of the
child, in particular, taking into account his or her age or situation, his or
her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess
guilt; to examine or have examined adverse witnesses and to obtain the
participation and examination of witnesses on his or her behalf under conditions
of equality;
(v) If considered to have infringed the penal law, to have
this decision and any measures imposed in consequence thereof reviewed by a
higher competent, independent and impartial authority or judicial body according
to law;
(vi) To have the free assistance of an interpreter if the
child cannot understand or speak the language used;
(vii) To have his or her privacy fully respected at all stages
of the proceedings.
3. States Parties shall seek to promote the establishment of
laws, procedures, authorities and institutions specifically applicable to
children alleged as, accused of, or recognized as having infringed the penal
law, and, in particular:
(a) The establishment of a minimum age below which children
shall be presumed not to have the capacity to infringe the penal law;
(b) Whenever appropriate and desirable, measures for dealing
with such children without resorting to judicial proceedings, providing that
human rights and legal safeguards are fully respected. 4. A variety of
dispositions, such as care, guidance and supervision orders; counselling;
probation; foster care; education and vocational training programmes and other
alternatives to institutional care shall be available to ensure that children
are dealt with in a manner appropriate to their well-being and proportionate
both to their circumstances and the offence.
Article 41
Nothing in the present Convention shall affect any provisions
which are more conducive to the realization of the rights of the child and which
may be contained in:
(a) The law of a State party; or
(b) International law in force for that State.
PART II
Article 42
States Parties undertake to make the principles and provisions
of the Convention widely known, by appropriate and active means, to adults and
children alike.
Article 43
1. For the purpose of examining the progress made by States
Parties in achieving the realization of the obligations undertaken in the
present Convention, there shall be established a Committee on the Rights of the
Child, which shall carry out the functions hereinafter provided.
2. The Committee shall consist of eighteen experts of high
moral standing and recognized competence in the field covered by this
Convention.1/
The members of the Committee shall be elected by States Parties from among their
nationals and shall serve in their personal capacity, consideration being given
to equitable geographical distribution, as well as to the principal legal
systems.
3. The members of the Committee shall be elected by secret
ballot from a list of persons nominated by States Parties. Each State Party may
nominate one person from among its own nationals.
4. The initial election to the Committee shall be held no
later than six months after the date of the entry into force of the present
Convention and thereafter every second year. At least four months before the
date of each election, the Secretary-General of the United Nations shall address
a letter to States Parties inviting them to submit their nominations within two
months. The Secretary-General shall subsequently prepare a list in alphabetical
order of all persons thus nominated, indicating States Parties which have
nominated them, and shall submit it to the States Parties to the present
Convention.
5. The elections shall be held at meetings of States Parties
convened by the Secretary-General at United Nations Headquarters. At those
meetings, for which two thirds of States Parties shall constitute a quorum, the
persons elected to the Committee shall be those who obtain the largest number of
votes and an absolute majority of the votes of the representatives of States
Parties present and voting.
6. The members of the Committee shall be elected for a term of
four years. They shall be eligible for re-election if renominated. The term of
five of the members elected at the first election shall expire at the end of two
years; immediately after the first election, the names of these five members
shall be chosen by lot by the Chairman of the meeting.
7. If a member of the Committee dies or resigns or declares
that for any other cause he or she can no longer perform the duties of the
Committee, the State Party which nominated the member shall appoint another
expert from among its nationals to serve for the remainder of the term, subject
to the approval of the Committee.
8. The Committee shall establish its own rules of procedure.
9. The Committee shall elect its officers for a period of two
years.
10. The meetings of the Committee shall normally be held at
United Nations Headquarters or at any other convenient place as determined by
the Committee. The Committee shall normally meet annually. The duration of the
meetings of the Committee shall be determined, and reviewed, if necessary, by a
meeting of the States Parties to the present Convention, subject to the approval
of the General Assembly.
11. The Secretary-General of the United Nations shall provide
the necessary staff and facilities for the effective performance of the
functions of the Committee under the present Convention.
12. With the approval of the General Assembly, the members of
the Committee established under the present Convention shall receive emoluments
from United Nations resources on such terms and conditions as the Assembly may
decide.
Article 44
1. States Parties undertake to submit to the Committee,
through the Secretary-General of the United Nations, reports on the measures
they have adopted which give effect to the rights recognized herein and on the
progress made on the enjoyment of those rights
(a) Within two years of the entry into force of the Convention
for the State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate
factors and difficulties, if any, affecting the degree of fulfilment of the
obligations under the present Convention. Reports shall also contain sufficient
information to provide the Committee with a comprehensive understanding of the
implementation of the Convention in the country concerned.
3. A State Party which has submitted a comprehensive initial
report to the Committee need not, in its subsequent reports submitted in
accordance with paragraph 1 (b) of the present article, repeat basic information
previously provided.
4. The Committee may request from States Parties further
information relevant to the implementation of the Convention.
5. The Committee shall submit to the General Assembly, through
the Economic and Social Council, every two years, reports on its activities.
6. States Parties shall make their reports widely available to
the public in their own countries.
Article 45
In order to foster the effective implementation of the
Convention and to encourage international co-operation in the field covered by
the Convention:
(a) The specialized agencies, the United Nations Children's
Fund, and other United Nations organs shall be entitled to be represented at the
consideration of the implementation of such provisions of the present Convention
as fall within the scope of their mandate. The Committee may invite the
specialized agencies, the United Nations Children's Fund and other competent
bodies as it may consider appropriate to provide expert advice on the
implementation of the Convention in areas falling within the scope of their
respective mandates. The Committee may invite the specialized agencies, the
United Nations Children's Fund, and other United Nations organs to submit
reports on the implementation of the Convention in areas falling within the
scope of their activities;
(b) The Committee shall transmit, as it may consider
appropriate, to the specialized agencies, the United Nations Children's Fund and
other competent bodies, any reports from States Parties that contain a request,
or indicate a need, for technical advice or assistance, along with the
Committee's observations and suggestions, if any, on these requests or
indications;
(c) The Committee may recommend to the General Assembly to
request the Secretary-General to undertake on its behalf studies on specific
issues relating to the rights of the child;
(d) The Committee may make suggestions and general
recommendations based on information received pursuant to articles 44 and 45 of
the present Convention. Such suggestions and general recommendations shall be
transmitted to any State Party concerned and reported to the General Assembly,
together with comments, if any, from States Parties.
PART III
Article 46
The present Convention shall be open for signature by all
States.
Article 47
The present Convention is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General of the United
Nations.
Article 48
The present Convention shall remain open for accession by any
State. The instruments of accession shall be deposited with the
Secretary-General of the United Nations.
Article 49
1. The present Convention shall enter into force on the
thirtieth day following the date of deposit with the Secretary-General of the
United Nations of the twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention
after the deposit of the twentieth instrument of ratification or accession, the
Convention shall enter into force on the thirtieth day after the deposit by such
State of its instrument of ratification or accession.
Article 50
1. Any State Party may propose an amendment and file it with
the Secretary-General of the United Nations. The Secretary-General shall
thereupon communicate the proposed amendment to States Parties, with a request
that they indicate whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that, within
four months from the date of such communication, at least one third of the
States Parties favour such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any amendment adopted by a
majority of States Parties present and voting at the conference shall be
submitted to the General Assembly for approval.
2. An amendment adopted in accordance with paragraph 1 of the
present article shall enter into force when it has been approved by the General
Assembly of the United Nations and accepted by a two-thirds majority of States
Parties.
3. When an amendment enters into force, it shall be binding on
those States Parties which have accepted it, other States Parties still being
bound by the provisions of the present Convention and any earlier amendments
which they have accepted.
Article 51
1. The Secretary-General of the United Nations shall receive
and circulate to all States the text of reservations made by States at the time
of ratification or accession.
2. A reservation incompatible with the object and purpose of
the present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification
to that effect addressed to the Secretary-General of the United Nations, who
shall then inform all States. Such notification shall take effect on the date on
which it is received by the Secretary-General
Article 52
A State Party may denounce the present Convention by written
notification to the Secretary-General of the United Nations. Denunciation
becomes effective one year after the date of receipt of the notification by the
Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as
the depositary of the present Convention.
Article 54
The original of the present Convention, of which the Arabic,
Chinese, English, French, Russian and Spanish texts are equally authentic, shall
be deposited with the Secretary-General of the United Nations. In witness
thereof the undersigned plenipotentiaries, being duly authorized thereto by
their respective Governments, have signed the present Convention.
1/
The General Assembly, in its resolution 50/155 of 21 December
1995 , approved the amendment to article 43, paragraph 2, of the Convention on
the Rights of the Child, replacing the word “ten” with the word “eighteen”. The
amendment entered into force on 18 November 2002 when it had been accepted by a
two-thirds majority of the States parties (128 out of 191). |