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