Article 1
For the purposes of the present Convention, a child means every human
being below the age of 18 years unless, under the law applicable to the
child, majority is attained earlier.
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Unofficial Summary
Definition of a child
A child is recognized as a person under 18, unless national laws recognize
the age of majority earlier.
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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.
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Non-discrimination
All rights apply to all children without exception. It is the State's
obligation to protect children from any form of discrimination and to take
positive action to promote their rights.
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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.
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Best interests of the child
All actions concerning the child shall take full account of his or her
best interests. The State shall provide the child with adequate care when
parents, or others charged with that responsibility, fail to do so.
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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
cooperation.
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Implementation of rights
The State must do all it can to implement the rights contained in the
Convention.
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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.
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Parental guidance and the child's evolving capacities
The State must respect the rights and responsibilities of parents and
the extended family to provide guidance for the child which is appropriate
to her or his evolving capacities.
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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.
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Survival and development
Every child has the inherent right to life, and the State has an obligation
to ensure the child's survival and development.
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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.
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Name and nationality
The child has the right to a name at birth. The child also has the right
to acquire a nationality and, as far as possible, to know his or her parents
and be cared for by them.
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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 speedily re-establishing his
or her identity.
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Preservation of identity
The State has an obligation to protect, and if necessary, re- establish
basic aspects of the child's identity. This includes name, nationality
and family ties.
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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.
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Separation from parents
The child has a right to live with his or her parents unless this is
deemed to be incompatible with the child's best interests. The child also
has the right to maintain contact with both parents if separated from one
or both.
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Article ten
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.
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Family reunification
Children and their parents have the right to leave any country and to
enter their own for purposes of reunion or the maintenance of the child-parent
relationship.
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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.
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Illicit transfer and non-return
The State has an obligation to prevent and remedy the kidnapping or
retention of children abroad by a parent or third party.
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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.
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The child's opinion
The child has the right to express his or her opinion freely and to
have that opinion taken into account in any matter or procedure affecting
the child.
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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.
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Freedom of expression
The child has the right to express his or her views, obtain information,
make ideas or information known, regardless of frontiers.
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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.
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Freedom of thought, conscience and religion
The State shall respect the child's right to freedom of thought, conscience
and religion, subject to appropriate parental guidance.
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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.
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Freedom of association
Children have a right to meet with others, and to join or form associations.
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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.
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Protection of privacy
Children have the right to protection from interference with privacy,
family, home and correspondence, and from libel or slander.
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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 cooperation 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.
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Access to appropriate information
The State shall ensure the accessibility to children of information
and material from a diversity of sources, and it shall encourage the mass
media to disseminate information which is of social and cultural benefit
to the child, and take steps to protect him or her from harmful materials.
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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.
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Parental responsibilities
Parents have joint primary responsibility for raising the child, and
the State shall support them in this. The State shall provide appropriate
assistance to parents in child-raising.
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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.
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Protection from abuse and neglect
The State shall protect the child from all forms of maltreatment by
parents or others responsible for the care of the child and establish appropriate
social programmes for the prevention of abuse and the treatment of victims.
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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, Kafala
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.
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Protection of a child without family
The State is obliged to provide special protection for a child deprived
of the family environment and to ensure that appropriate alternative family
care or institutional placement is available in such cases. Efforts to
meet this obligation shall pay due regard to the child's cultural background.
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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 intercountry adoption
enjoys safeguards and standards equivalent to those existing in the case
of national adoption;
(d) Take all appropriate measures to ensure that, in intercountry
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.
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Adoption
In countries where adoption is recognized and/or allowed, it shall only
be carried out in the best interests of the child, and then only with the
authorization of competent authorities, and safeguards for the child.
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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, cooperation 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.
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Refugee children
Special protection shall be granted to a refugee child or to a child
seeking refugee status. It is the State's obligation to co- operate with
competent organizations which provide such protection and assistance.
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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.
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Disabled children
A disabled child has the right to special care, education and training
to help him or her enjoy a full and decent life in dignity and achieve
the greatest degree of self-reliance and social integration possible.
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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 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 practises prejudicial to the health
of children.
4. States Parties undertake to promote and encourage international
cooperation 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.
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Health and health services
The child has a right to the highest standard of health and medical
care attainable. States shall place special emphasis on the provision of
primary and preventive health care, public health education and the reduction
of infant mortality. They shall encourage international cooperation in
this regard and strive to see that no child is deprived of access to effective
health services.
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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.
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Periodic review of placement
A child who is placed by the State for reasons of care, protection or
treatment is entitled to have that placement evaluated regularly.
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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.
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Social security
The child has the right to benefit from social security including social
insurance.
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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.
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Standard of living
Every child has the right to a standard of living adequate for his or
her physical, mental, spiritual, moral and social development. Parents
have the primary responsibility to ensure that the child has an adequate
standard of living. The State's duty is to ensure that this responsibility
can be fulfilled, and is. State responsibility can include material assistance
to parents and their children.
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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.2
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Education
The child has a right to education, and the State's duty is to ensure
that primary education is free and compulsory, to encourage different forms
of secondary education accessible to every child and to make higher education
available to all on the basis of capacity. School discipline shall be consistent
with the child's rights and dignity. The State shall engage in international
co- operation to implement this right.
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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 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.
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Aims of education
Education shall aim at developing the child's personality, talents and
mental and physical abilities to the fullest extent. Education shall prepare
the child for an active adult life in a free society and foster respect
for the child's parents, his or her own cultural identity, language and
values, and for the cultural background and values of others.
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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.
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Children of minorities or indigenous populations
Children of minority communities and indigenous populations have the
right to enjoy their own culture and to practise their own religion and
language.
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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.
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Leisure, recreation and cultural activities
The child has the right to leisure, play and participation in cultural
and artistic activities.
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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 admissions
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.
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Child labour
The child has the right to be protected from work that threatens his
or her health, education or development. The State shall set minimum ages
for employment and regulate working conditions.
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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.
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Drug abuse
Children have the right to protection from the use of narcotic and psychotropic
drugs, and from being involved in their production or distribution.
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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 practises;
(c) The exploitative use of children in pornographic performances
and materials.
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Sexual exploitation
The State shall protect children from sexual exploitation and abuse,
including prostitution and involvement in pornography.
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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.
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Sale, trafficking and abduction
It is the State's obligation to make every effort to prevent the sale,
trafficking and abduction of children.
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Article 36
States Parties shall protect the child against all other forms of exploitation
prejudicial to any aspects of the child's welfare.
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Other forms of exploitation
The child has the right to protection from all forms of exploitation
prejudicial to any aspects of the child's welfare not covered in articles
32, 33, 34 and 35.
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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 18 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.
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Torture and deprivation of liberty
No child shall be subjected to torture, cruel treatment or punishment,
unlawful arrest or deprivation of liberty. Both capital punishment and
life imprisonment without the possibility of release are prohibited for
offences committed by persons below 18 years. Any child deprived of liberty
shall be separated from adults unless it is considered in the child's best
interests not to do so. A child who is detained shall have legal and other
assistance as well as contact with the family.
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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 15 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 15 years into their armed forces. In recruiting
among those persons who have attained the age of 15 years but who have
not attained the age of 18 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.
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Armed conflicts
States Parties shall take all feasible measures to ensure that children
under 15 years of age have no direct part in hostilities. No child below
15 shall be recruited into the armed forces. States shall also ensure the
protection and care of children who are affected by armed conflict as described
in relevant international law.
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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.
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Rehabilitative care
The State has an obligation to ensure that child victims of armed conflicts,
torture, neglect, maltreatment or exploitation receive appropriate treatment
for their recovery and social reintegration.
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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.
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Administration of juvenile justice
A child in conflict with the law has the right to treatment which promotes
the child's sense of dignity and worth, takes the child's age into account
and aims at his or her reintegration into society. The child is entitled
to basic guarantees as well as legal or other assistance for his or her
defence. Judicial proceedings and institutional placements shall be avoided
wherever possible.
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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.
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Respect for higher standards
Wherever standards set in applicable national and international law
relevant to the rights of the child that are higher than those in this
Convention, the higher standard shall always apply.
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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.
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.