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Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession by General
Assembly resolution 44/25 of 20 November 1989
entry into force
2 September 1990, in accordance with article 49
Languages: A l C l F l R l S
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.
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:
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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