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