Convention on the Rights of the Child
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Adopted and opened for signature, ratification and
accession by General Assembly resolution 44/25 of 20 November 1989
entry into force 2 September 1990, in accordance
with article 49
Preamble
The States Parties to the present Convention,
Considering that, in accordance with the principles proclaimed in
the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace in
the world,
Bearing in mind that the peoples of the United Nations have, in
the Charter, reaffirmed their faith in fundamental human rights and
in the dignity and worth of the human person, and have determined to
promote social progress and better standards of life in larger
freedom,
Recognizing that the United Nations has, in the Universal
Declaration of Human Rights and in the International Covenants on
Human Rights, proclaimed and agreed that everyone is entitled to all
the rights and freedoms set forth therein, without distinction of
any kind, such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or
other status,
Recalling that, in the Universal Declaration of Human Rights, the
United Nations has proclaimed that childhood is entitled to special
care and assistance,
Convinced that the family, as the fundamental group of society
and the natural environment for the growth and well-being of all its
members and particularly children, should be afforded the necessary
protection and assistance so that it can fully assume its
responsibilities within the community,
Recognizing that the child, for the full and harmonious
development of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love and understanding,
Considering that the child should be fully prepared to live an
individual life in society, and brought up in the spirit of the
ideals proclaimed in the Charter of the United Nations, and in
particular in the spirit of peace, dignity, tolerance, freedom,
equality and solidarity,
Bearing in mind that the need to extend particular care to the
child has been stated in the Geneva Declaration of the Rights of the
Child of 1924 and in the Declaration of the Rights of the Child
adopted by the General Assembly on 20 November 1959 and recognized
in the Universal Declaration of Human Rights, in the International
Covenant on Civil and Political Rights (in particular in articles 23
and 24), in the International Covenant on Economic, Social and
Cultural Rights (in particular in article 10) and in the statutes
and relevant instruments of specialized agencies and international
organizations concerned with the welfare of children,
Bearing in mind that, as indicated in the Declaration of the
Rights of the Child, "the child, by reason of his physical and
mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth",
Recalling the provisions of the Declaration on Social and Legal
Principles relating to the Protection and Welfare of Children, with
Special Reference to Foster Placement and Adoption Nationally and
Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules) ; and the
Declaration on the Protection of Women and Children in Emergency and
Armed Conflict, R
ecognizing 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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