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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:
(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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