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