Declaration of the Rights of the Child
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 presentArticle 3
Convention to each child within their jurisdiction without discrimination of
any kind, irrespective of the child's or his or her parent's or legal guardian's
race, colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that the child is
protected against all forms of discrimination or punishment on the basis of
the status, activities, expressed opinions, or beliefs of the child's parents,
legal guardians, or family members.
1. In all actions concerning children, whether undertaken by public or privateArticle 4
social welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall be a primary
consideration.
2. States Parties undertake to ensure the child such protection and care as is
necessary for his or her well-being, taking into account the rights and duties
of his or her parents, legal guardians, or other individuals legally
responsible for him or her, and, to this end, shall take all appropriate
legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and facilities
responsible for the care or protection of children shall conform with the
standards established by competent authorities, particularly in the areas of
safety, health, in the number and suitability of their staff, as well as
competent supervision.
States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international 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.Article 7
2. States Parties shall ensure to the maximum extent possible the survival and
development of the child.
1. The child shall be registered immediately after birth and shall have theArticle 8
right from birth to a name, the right to acquire a nationality and, as far as
possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance
with their national law and their obligations under the relevant international
instruments in this field, in particular where the child would otherwise be
stateless.
1. States Parties undertake to respect the right of the child to preserve his orArticle 9
her identity, including nationality, name and family relations as recognized
by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or
her identity, States Parties shall provide appropriate assistance and
protection, with a view to speedily re-establishing his or her identity.
1. States Parties shall ensure that a child shall not be separated from his or herArticle 10
parents against their will, except when competent authorities subject to
judicial review determine, in accordance with applicable law and procedures,
that such separation is necessary for the best interests of the child. Such
determination may be necessary in a particular case such as one involving
abuse or neglect of the child by the parents, or one where the parents are
living separately and a decision must be made as to the child's place of
residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all
interested parties shall be given an opportunity to participate in the
proceedings and make their views known.
3. States Parties shall respect the right of the child who is separated from one
or both parents to maintain personal relations and direct contact with both
parents on a regular basis, except if it is contrary to the child's best
interests.
4. Where such separation results from any action initiated by a State Party,
such as the detention, imprisonment, exile, deportation or death (including
death arising from any cause while the person is in the custody of the State)
of one or both parents or of the child, that State Party shall, upon request,
provide the parents, the child or, if appropriate, another member of the
family with the essential information concerning the whereabouts of the
absent member(s) of the family unless the provision of the information would
be detrimental to the well-being of the child. States Parties shall further
ensure that the submission of such a request shall of itself entail no adverse
consequences for the person(s) concerned.
1. In accordance with the obligation of States Parties under article 9,Article 11
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.
1. States Parties shall take measures to combat the illicit transfer andArticle 12
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.
1. States Parties shall assure to the child who is capable of forming his or herArticle 13
own views the right to express those views freely in all matters affecting the
child, the views of the child being given due weight in accordance with the
age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to
be heard in any judicial and administrative proceedings affecting the child,
either directly, or through a representative or an appropriate body, in a
manner consistent with the procedural rules of national law.
1. The child shall have the right to freedom of expression; this right shallArticle 14
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art, or through any other media of the child's choice.
2. The exercise of this right may be subject to certain restrictions, but these
shall only be such as are provided by law and are necessary:(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.
1. States Parties shall respect the right of the child to freedom of thought,Article 15
conscience and religion.
2. States Parties shall respect the rights and duties of the parents and, when
applicable, legal guardians, to provide direction to the child in the exercise
of his or her right in a manner consistent with the evolving capacities of the
child.
3. Freedom to manifest one's religion or beliefs may be subject only to such
limitations as are prescribed by law and are necessary to protect public
safety, order, health or morals, or the fundamental rights and freedoms of
others.
1. States Parties recognize the rights of the child to freedom of associationArticle 16
and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than
those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public safety,
public order (ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others.
1. No child shall be subjected to arbitrary or unlawful interference with his orArticle 17
her privacy, family, home or correspondence, nor to unlawful attacks on his
or her honour and reputation.
2. The child has the right to the protection of the law against such interference
or attacks.
States Parties recognize the important function performed by the
mass media and shall
ensure that the child has access to information and material from
a diversity of national and international sources, especially those aimed
at the promotion of his or her social,
spiritual and moral well-being and physical and mental health. To
this end, States Parties
shall:
(a) Encourage the mass media to disseminate information and material ofArticle 18
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.
1. States Parties shall use their best efforts to ensure recognition of theArticle 19
principle that both parents have common responsibilities for the upbringing
and development of the child. Parents or, as the case may be, legal
guardians, have the primary responsibility for the upbringing and
development of the child. The best interests of the child will be their basic
concern.
2. For the purpose of guaranteeing and promoting the rights set forth in the
present Convention, States Parties shall render appropriate assistance to
parents and legal guardians in the performance of their child-rearing
responsibilities and shall ensure the development of institutions, facilities
and services for the care of children.
3. States Parties shall take all appropriate measures to ensure that children of
working parents have the right to benefit from child-care services and
facilities for which they are eligible.
1. States Parties shall take all appropriate legislative, administrative, socialArticle 20
and educational measures to protect the child from all forms of physical or
mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective
procedures for the establishment of social programmes to provide necessary
support for the child and for those who have the care of the child, as well as
for other forms of prevention and for identification, reporting, referral,
investigation, treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial involvement.
1. A child temporarily or permanently deprived of his or her familyArticle 21
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.
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 competentArticle 22
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.
1. States Parties shall take appropriate measures to ensure that a child who isArticle 23
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.
1. States Parties recognize that a mentally or physically disabled child shouldArticle 24
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.
1. States Parties recognize the right of the child to the enjoyment of theArticle 25
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;3. States Parties shall take all effective and appropriate measures with a view
(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.
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.
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 socialArticle 27
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.
1. States Parties recognize the right of every child to a standard of livingArticle 28
adequate for the child's physical, mental, spiritual, moral and social
development.
2. The parent(s) or others responsible for the child have the primary
responsibility to secure, within their abilities and financial capacities, the
conditions of living necessary for the child's development.
3. States Parties, in accordance with national conditions and within their
means, shall take appropriate measures to assist parents and others
responsible for the child to implement this right and shall in case of need
provide material assistance and support programmes, particularly with
regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and from abroad. In
particular, where the person having financial responsibility for the child lives
in a State different from that of the child, States Parties shall promote the
accession to international agreements or the conclusion of such agreements,
as well as the making of other appropriate arrangements.
1. States Parties recognize the right of the child to education, and with a view
to achieving this right progressively and on the basis of equal opportunity,
they shall, in particular:
Article 29(a) Make primary education compulsory and available free to all;2. States Parties shall take all appropriate measures to ensure that school
(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.
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.
1. States Parties agree that the education of the child shall be directed to:Article 30(a) The development of the child's personality, talents and mental2. No part of the present article or article 28 shall be construed so as to
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.
interfere with the liberty of individuals and bodies to establish and direct
educational institutions, subject always to the observance of the principles
set forth in paragraph 1 of the present article and to the requirements that
the education given in such institutions shall conform to such minimum
standards as may be laid down by the State.
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.
Article 31
1. States Parties recognize the right of the child to rest and leisure, to engageArticle 32
in play and recreational activities appropriate to the age of the child and to
participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to participate
fully in cultural and artistic life and shall encourage the provision of
appropriate and equal opportunities for cultural, artistic, recreational and
leisure activity.
1. States Parties recognize the right of the child to be protected from economicArticle 33
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.
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 unlawfulArticle 35
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.
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 degradingArticle 38
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.
1. States Parties undertake to respect and to ensure respect for rules ofArticle 39
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.
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;Article 41
counselling; probation; foster care; education and vocational training
programmes and other alternatives to institutional care shall be available to
ensure that children are dealt with in a manner appropriate to their
well-being and proportionate both to their circumstances and the offence.
Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:
(a) The law of a State Party; or
(b) International law in force for that State.
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 inArticle 44
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.
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,Article 45
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.
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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