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