| 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,
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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. |
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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. |
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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. |
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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.
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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. |
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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. |
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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. |
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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. |
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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.
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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 ten experts of high moral standing
and recognized competence in the field covered by this Convention.
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. |
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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. |
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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. |
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