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Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession
by General Assembly resolution 44/25 of 20 November 1989
entry into
force 2 September 1990, in accordance with article
49
Languages: A l C l F l
R l S
Preamble
The
States Parties to the present Convention,
Considering that, in accordance with the principles
proclaimed in the Charter of the United Nations, recognition of
the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom,
justice and peace in the world,
Bearing in mind that the peoples of the United Nations
have, in the Charter, reaffirmed their faith in fundamental human
rights and in the dignity and worth of the human person, and have
determined to promote social progress and better standards of life
in larger freedom,
Recognizing that the United Nations has, in the Universal
Declaration of Human Rights and in the International Covenants on
Human Rights, proclaimed and agreed that everyone is entitled to
all the rights and freedoms set forth therein, without distinction
of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property,
birth or other status,
Recalling that, in the Universal Declaration of Human
Rights, the United Nations has proclaimed that childhood is
entitled to special care and assistance,
Convinced that the family, as the fundamental group of
society and the natural environment for the growth and well-being
of all its members and particularly children, should be afforded
the necessary protection and assistance so that it can fully
assume its responsibilities within the community,
Recognizing that the child, for the full and harmonious
development of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love and
understanding,
Considering that the child should be fully prepared to live
an individual life in society, and brought up in the spirit of the
ideals proclaimed in the Charter of the United Nations, and in
particular in the spirit of peace, dignity, tolerance, freedom,
equality and solidarity,
Bearing in mind that the need to extend particular care to
the child has been stated in the Geneva Declaration of the Rights
of the Child of 1924 and in the Declaration of the Rights of the
Child adopted by the General Assembly on 20 November 1959 and
recognized in the Universal Declaration of Human Rights, in the
International Covenant on Civil and Political Rights (in
particular in articles 23 and 24), in the International Covenant
on Economic, Social and Cultural Rights (in particular in article
10) and in the statutes and relevant instruments of specialized
agencies and international organizations concerned with the
welfare of children, '
Bearing in mind that, as indicated in the Declaration of
the Rights of the Child, "the child, by reason of his physical and
mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after
birth",
Recalling the provisions of the Declaration on Social and
Legal Principles relating to the Protection and Welfare of
Children, with Special Reference to Foster Placement and Adoption
Nationally and Internationally; the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (The
Beijing Rules) ; and the Declaration on the Protection of Women
and Children in Emergency and Armed Conflict,
Recognizing that, in all countries in the world, there are
children living in exceptionally difficult conditions, and that
such children need special consideration,
Taking due account of the importance of the traditions and
cultural values of each people for the protection and harmonious
development of the child,
Recognizing the importance of international co-operation
for improving the living conditions of children in every country,
in particular in the developing countries,
Have
agreed as follows:
PART I
Article 1
For
the purposes of the present Convention, a child means every human
being below the age of eighteen years unless under the law
applicable to the child, majority is attained earlier.
Article 2
1.
States Parties shall respect and ensure the rights set forth in
the present Convention to each child within their jurisdiction
without discrimination of any kind, irrespective of the child's or
his or her parent's or legal guardian's race, colour, sex,
language, religion, political or other opinion, national, ethnic
or social origin, property, disability, birth or other
status.
2.
States Parties shall take all appropriate measures to ensure that
the child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or
family members.
Article 3
1.
In all actions concerning children, whether undertaken by public
or private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration.
2.
States Parties undertake to ensure the child such protection and
care as is necessary for his or her well-being, taking into
account the rights and duties of his or her parents, legal
guardians, or other individuals legally responsible for him or
her, and, to this end, shall take all appropriate legislative and
administrative measures.
3.
States Parties shall ensure that the institutions, services and
facilities responsible for the care or protection of children
shall conform with the standards established by competent
authorities, particularly in the areas of safety, health, in the
number and suitability of their staff, as well as competent
supervision.
Article 4
States Parties shall undertake all appropriate legislative,
administrative, and other measures for the implementation of the
rights recognized in the present Convention. With regard to
economic, social and cultural rights, States Parties shall
undertake such measures to the maximum extent of their available
resources and, where needed, within the framework of international
co-operation.
Article 5
States Parties shall respect the responsibilities, rights
and duties of parents or, where applicable, the members of the
extended family or community as provided for by local custom,
legal guardians or other persons legally responsible for the
child, to provide, in a manner consistent with the evolving
capacities of the child, appropriate direction and guidance in the
exercise by the child of the rights recognized in the present
Convention.
Article 6
1.
States Parties recognize that every child has the inherent right
to life.
2.
States Parties shall ensure to the maximum extent possible the
survival and development of the child.
Article 7
1.
The child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a
nationality and. as far as possible, the right to know and be
cared for by his or her parents.
2.
States Parties shall ensure the implementation of these rights in
accordance with their national law and their obligations under the
relevant international instruments in this field, in particular
where the child would otherwise be stateless.
Article 8
1.
States Parties undertake to respect the right of the child to
preserve his or her identity, including nationality, name and
family relations as recognized by law without unlawful
interference.
2.
Where a child is illegally deprived of some or all of the elements
of his or her identity, States Parties shall provide appropriate
assistance and protection, with a view to re-establishing speedily
his or her identity.
Article 9
1.
States Parties shall ensure that a child shall not be separated
from his or her parents against their will, except when competent
authorities subject to judicial review determine, in accordance
with applicable law and procedures, that such separation is
necessary for the best interests of the child. Such determination
may be necessary in a particular case such as one involving abuse
or neglect of the child by the parents, or one where the parents
are living separately and a decision must be made as to the
child's place of residence.
2. In
any proceedings pursuant to paragraph 1 of the present article,
all interested parties shall be given an opportunity to
participate in the proceedings and make their views known.
3.
States Parties shall respect the right of the child who is
separated from one or both parents to maintain personal relations
and direct contact with both parents on a regular basis, except if
it is contrary to the child's best interests. 4. Where such
separation results from any action initiated by a State Party,
such as the detention, imprisonment, exile, deportation or death
(including death arising from any cause while the person is in the
custody of the State) of one or both parents or of the child, that
State Party shall, upon request, provide the parents, the child
or, if appropriate, another member of the family with the
essential information concerning the whereabouts of the absent
member(s) of the family unless the provision of the information
would be detrimental to the well-being of the child. States
Parties shall further ensure that the submission of such a request
shall of itself entail no adverse consequences for the person(s)
concerned.
Article 10
1.
In accordance with the obligation of States Parties under article
9, paragraph 1, applications by a child or his or her parents to
enter or leave a State Party for the purpose of family
reunification shall be dealt with by States Parties in a positive,
humane and expeditious manner. States Parties shall further ensure
that the submission of such a request shall entail no adverse
consequences for the applicants and for the members of their
family.
2. A
child whose parents reside in different States shall have the
right to maintain on a regular basis, save in exceptional
circumstances personal relations and direct contacts with both
parents. Towards that end and in accordance with the obligation of
States Parties under article 9, paragraph 1, States Parties shall
respect the right of the child and his or her parents to leave any
country, including their own, and to enter their own country. The
right to leave any country shall be subject only to such
restrictions as are prescribed by law and which are necessary to
protect the national security, public order (ordre public), public
health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the present
Convention.
Article 11
1.
States Parties shall take measures to combat the illicit transfer
and non-return of children abroad.
2. To
this end, States Parties shall promote the conclusion of bilateral
or multilateral agreements or accession to existing
agreements.
Article 12
1.
States Parties shall assure to the child who is capable of forming
his or her own views the right to express those views freely in
all matters affecting the child, the views of the child being
given due weight in accordance with the age and maturity of the
child.
2.
For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent with
the procedural rules of national law.
Article 13
1.
The child shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or
through any other media of the child's choice.
2.
The exercise of this right may be subject to certain restrictions,
but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others;
or
(b)
For the protection of national security or of public order
(ordre public), or of public health or morals.
Article 141. 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 151. 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 161. 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 17States 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 181. 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 191. 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 201. 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 21States 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 221. 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 231. 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 241. 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 25States 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 261. 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 271. 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 281. States
Parties recognize the right of the child to education, and with a
view to achieving this right progressively and on the basis of equal
opportunity, they shall, in particular:
(a)
Make primary education compulsory and available free to all;
(b)
Encourage the development of different forms of secondary education,
including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in
case of need;
(c)
Make higher education accessible to all on the basis of capacity by
every appropriate means;
(d)
Make educational and vocational information and guidance available
and accessible to all children;
(e)
Take measures to encourage regular attendance at schools and the
reduction of drop-out rates.
2.
States Parties shall take all appropriate measures to ensure that
school discipline is administered in a manner consistent with the
child's human dignity and in conformity with the present
Convention.
3.
States Parties shall promote and encourage international cooperation
in matters relating to education, in particular with a view to
contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this regard,
particular account shall be taken of the needs of developing
countries.
1. States
Parties agree that the education of the child shall be directed
to:
(a) The
development of the child's personality, talents and mental and
physical abilities to their fullest potential;
(b) The
development of respect for human rights and fundamental freedoms,
and for the principles enshrined in the Charter of the United
Nations;
(c) The
development of respect for the child's parents, his or her own
cultural identity, language and values, for the national values of
the country in which the child is living, the country from which he
or she may originate, and for civilizations different from his or
her own;
(d) The
preparation of the child for responsible life in a free society, in
the spirit of understanding, peace, tolerance, equality of sexes,
and friendship among all peoples, ethnic, national and religious
groups and persons of indigenous origin;
(e) The
development of respect for the natural environment.
2. No
part of the present article or article 28 shall be construed so as
to interfere with the liberty of individuals and bodies to establish
and direct educational institutions, subject always to the
observance of the principle set forth in paragraph 1 of the present
article and to the requirements that the education given in such
institutions shall conform to such minimum standards as may be laid
down by the State.
Article 30In 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 311. 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 321. 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 33States 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 34States 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 35States 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 36States Parties
shall protect the child against all other forms of exploitation
prejudicial to any aspects of the child's welfare.
Article 37States 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 381. 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 39States 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 401. States
Parties recognize the right of every child alleged as, accused of,
or recognized as having infringed the penal law to be treated in a
manner consistent with the promotion of the child's sense of dignity
and worth, which reinforces the child's respect for the human rights
and fundamental freedoms of others and which takes into account the
child's age and the desirability of promoting the child's
reintegration and the child's assuming a constructive role in
society.
2. To
this end, and having regard to the relevant provisions of
international instruments, States Parties shall, in particular,
ensure that:
(a) No
child shall be alleged as, be accused of, or recognized as having
infringed the penal law by reason of acts or omissions that were not
prohibited by national or international law at the time they were
committed;
(b)
Every child alleged as or accused of having infringed the penal law
has at least the following guarantees:
(i) To
be presumed innocent until proven guilty according to law;
(ii) To
be informed promptly and directly of the charges against him or her,
and, if appropriate, through his or her parents or legal guardians,
and to have legal or other appropriate assistance in the preparation
and presentation of his or her defence;
(iii)
To have the matter determined without delay by a competent,
independent and impartial authority or judicial body in a fair
hearing according to law, in the presence of legal or other
appropriate assistance and, unless it is considered not to be in the
best interest of the child, in particular, taking into account his
or her age or situation, his or her parents or legal
guardians;
(iv)
Not to be compelled to give testimony or to confess guilt; to
examine or have examined adverse witnesses and to obtain the
participation and examination of witnesses on his or her behalf
under conditions of equality;
(v) If
considered to have infringed the penal law, to have this decision
and any measures imposed in consequence thereof reviewed by a higher
competent, independent and impartial authority or judicial body
according to law;
(vi) To
have the free assistance of an interpreter if the child cannot
understand or speak the language used;
(vii)
To have his or her privacy fully respected at all stages of the
proceedings. 3. States Parties shall seek to promote the
establishment of laws, procedures, authorities and institutions
specifically applicable to children alleged as, accused of, or
recognized as having infringed the penal law, and, in
particular:
3.
States Parties shall seek to promote the establishment of laws,
procedures, authorities and institutions specifically applicable to
children alleged as, accused of, or recognized as having infringed
the penal law and in particular:
(a) The
establishment of a minimum age below which children shall be
presumed not to have the capacity to infringe the penal law;
(b)
Whenever appropriate and desirable, measures for dealing with such
children without resorting to judicial proceedings, providing that
human rights and legal safeguards are fully respected.
4. A
variety of dispositions, such as care, guidance and supervision
orders; counselling; probation; foster care; education and
vocational training programmes and other alternatives to
institutional care shall be available to ensure that children are
dealt with in a manner appropriate to their well-being and
proportionate both to their circumstances and the offence.
Article 41Nothing 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 42States Parties
undertake to make the principles and provisions of the Convention
widely known, by appropriate and active means, to adults and
children alike.
Article 431. 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 441. 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 45In 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 46The present
Convention shall be open for signature by all States.
Article 47The present
Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United
Nations.
Article 48The 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 491. 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 511. 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 52A 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 53The
Secretary-General of the United Nations is designated as the
depositary of the present Convention.
Article 54The 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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