Part
I
Part
II
Part III
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 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.
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.
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