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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:
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.
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.
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.
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.
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.
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.
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.
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 speedily re-establishing his or her identity.
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.
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 2, 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 co-operation, 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.
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
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 cooperating
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.
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, iner 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 breast-feeding, 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.
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.
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.
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.
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 co-operation 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 principles 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.
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.
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.
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.
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.
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.
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.
States
Parties shall protect the child against all other forms of exploitation
prejudicial to any aspects of the child's welfare.
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.
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.
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.
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 quilt; 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.
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.
States
Parties undertake to make the principles and provisions of the Convention
widely known, by appropriate and active means, to adults and children alike.
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 competent 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, it 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.
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 fulfillment 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.
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.
The
present Convention shall be open for signature by all States.
The
present Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
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.
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.
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.
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 an the date on which it is received by the
Secretary-General.
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.
The
Secretary-General of the United Nations is designated as the depositary of the
present Convention.
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.