Declaration of the Rights of the Child


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Preamble:

    The States Parties to the present Convention, Concidering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights
and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,
    Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,
    Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,
    Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,
    Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the United Nations 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 ten) 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 cooperation for improving the living conditions of children in every country, in particular in the developing countries,
Have agreed as follows:

PART I : Substantive Provisions

 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.

 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 cooperation.

 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 speedily re-establishing 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, aplications 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
     on-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
      cocial 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.
 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, 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.
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.
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.
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 breast-feeding, hygiene and
      invironmental 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.
 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 thechild, 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
    acilitating 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,
      quality 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.
 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 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.
 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 practises;
(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 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.
 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.
 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: Implementation and Monitoring

 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 10 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 the 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 cooperation 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.
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