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