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Monitoring body: UN Committee on the Rights of the Child
Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession by
General Assembly resolution 44/25
of 20 November 1989
entry into force 2 September 1990, in accordance with article 49
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
Article 1
For the purposes of the present Convention, a child means every
human being below the age of eighteen years unless under the
law applicable to the child, majority is attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set forth in
the present Convention to each child within their jurisdiction
without discrimination of any kind, irrespective of the child's or his
or her parent's or legal guardian's race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin,
property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure
that the child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or
family members.
Article 3
1. In all actions concerning children, whether undertaken by
public or private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best interests
of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such protection
and care as is necessary for his or her well-being, taking into
account the rights and duties of his or her parents, legal
guardians, or other individuals legally responsible for him or her,
and, to this end, shall take all appropriate legislative and
administrative measures.
3. States Parties shall ensure that the institutions, services and
facilities responsible for the care or protection of children shall
conform with the standards established by competent
authorities, particularly in the areas of safety, health, in the
number and suitability of their staff, as well as competent
supervision.
Article 4
States Parties shall undertake all appropriate legislative,
administrative, and other measures for the implementation of the
rights recognized in the present Convention. With regard to
economic, social and cultural rights, States Parties shall
undertake such measures to the maximum extent of their
available resources and, where needed, within the framework of
international co-operation.
Article 5
States Parties shall respect the responsibilities, rights and duties
of parents or, where applicable, the members of the extended
family or community as provided for by local custom, legal
guardians or other persons legally responsible for the child, to
provide, in a manner consistent with the evolving capacities of
the child, appropriate direction and guidance in the exercise by
the child of the rights recognized in the present Convention.
Article 6
1. States Parties recognize that every child has the inherent right
to life.
2. States Parties shall ensure to the maximum extent possible
the survival and development of the child.
Article 7
1. The child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a
nationality and. as far as possible, the right to know and be
cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights
in accordance with their national law and their obligations under
the relevant international instruments in this field, in particular
where the child would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to
preserve his or her identity, including nationality, name and family
relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the
elements of his or her identity, States Parties shall provide
appropriate assistance and protection, with a view to re-
establishing speedily his or her identity.
Article 9
1. States Parties shall ensure that a child shall not be separated
from his or her parents against their will, except when competent
authorities subject to judicial review determine, in accordance
with applicable law and procedures, that such separation is
necessary for the best interests of the child. Such determination
may be necessary in a particular case such as one involving
abuse or neglect of the child by the parents, or one where the
parents are living separately and a decision must be made as to
the child's place of residence.
2. In any proceedings pursuant to paragraph 1 of the present
article, all interested parties shall be given an opportunity to
participate in the proceedings and make their views known.
3. States Parties shall respect the right of the child who is
separated from one or both parents to maintain personal
relations and direct contact with both parents on a regular basis,
except if it is contrary to the child's best interests. 4. Where such
separation results from any action initiated by a State Party, such
as the detention, imprisonment, exile, deportation or death
(including death arising from any cause while the person is in the
custody of the State) of one or both parents or of the child, that
State Party shall, upon request, provide the parents, the child or,
if appropriate, another member of the family with the essential
information concerning the whereabouts of the absent member
(s) of the family unless the provision of the information would be
detrimental to the well-being of the child. States Parties shall
further ensure that the submission of such a request shall of
itself entail no adverse consequences for the person(s)
concerned.
Article 10
1. In accordance with the obligation of States Parties under
article 9, paragraph 1, applications by a child or his or her parents
to enter or leave a State Party for the purpose of family
reunification shall be dealt with by States Parties in a positive,
humane and expeditious manner. States Parties shall further
ensure that the submission of such a request shall entail no
adverse consequences for the applicants and for the members of
their family.
2. A child whose parents reside in different States shall have the
right to maintain on a regular basis, save in exceptional
circumstances personal relations and direct contacts with both
parents. Towards that end and in accordance with the obligation
of States Parties under article 9, paragraph 1, States Parties shall
respect the right of the child and his or her parents to leave any
country, including their own, and to enter their own country. The
right to leave any country shall be subject only to such
restrictions as are prescribed by law and which are necessary to
protect the national security, public order (ordre public), public
health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the present
Convention.
Article 11
1. States Parties shall take measures to combat the illicit transfer
and non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of
bilateral or multilateral agreements or accession to existing
agreements.
Article 12
1. States Parties shall assure to the child who is capable of
forming his or her own views the right to express those views
freely in all matters affecting the child, the views of the child
being given due weight in accordance with the age and maturity
of the child.
2. For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent
with the procedural rules of national law.
Article 13
1. The child shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any
other media of the child's choice.
2. The exercise of this right may be subject to certain restrictions,
but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.
Article 14
1. States Parties shall respect the right of the child to freedom of
thought, conscience and religion.
2. States Parties shall respect the rights and duties of the
parents and, when applicable, legal guardians, to provide
direction to the child in the exercise of his or her right in a manner
consistent with the evolving capacities of the child.
3. Freedom to manifest one's religion or beliefs may be subject
only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others.
Article 15
1. States Parties recognize the rights of the child to freedom of
association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights
other than those imposed in conformity with the law and which
are necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the protection
of public health or morals or the protection of the rights and
freedoms of others.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference
with his or her privacy, family, home or correspondence, nor to
unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against
such interference or attacks.
Article 17
States Parties recognize the important function performed by the
mass media and shall ensure that the child has access to
information and material from a diversity of national and
international sources, especially those aimed at the promotion of
his or her social, spiritual and moral well-being and physical and
mental health. To this end, States Parties shall:
(a) Encourage the mass media to disseminate information and
material of social and cultural benefit to the child and in
accordance with the spirit of article 29;
(b) Encourage international co-operation in the production,
exchange and dissemination of such information and material
from a diversity of cultural, national and international sources;
(c) Encourage the production and dissemination of children's
books;
(d) Encourage the mass media to have particular regard to the
linguistic needs of the child who belongs to a minority group or
who is indigenous;
(e) Encourage the development of appropriate guidelines for the
protection of the child from information and material injurious to
his or her well-being, bearing in mind the provisions of articles 13
and 18.
Article 18
1. States Parties shall use their best efforts to ensure recognition
of the principle that both parents have common responsibilities
for the upbringing and development of the child. Parents or, as
the case may be, legal guardians, have the primary responsibility
for the upbringing and development of the child. The best
interests of the child will be their basic concern.
2. For the purpose of guaranteeing and promoting the rights set
forth in the present Convention, States Parties shall render
appropriate assistance to parents and legal guardians in the
performance of their child-rearing responsibilities and shall
ensure the development of institutions, facilities and services for
the care of children.
3. States Parties shall take all appropriate measures to ensure
that children of working parents have the right to benefit from
child-care services and facilities for which they are eligible.
Article 19
1. States Parties shall take all appropriate legislative,
administrative, social and educational measures to protect the
child from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation,
including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include
effective procedures for the establishment of social programmes
to provide necessary support for the child and for those who
have the care of the child, as well as for other forms of
prevention and for identification, reporting, referral, investigation,
treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial
involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family
environment, or in whose own best interests cannot be allowed
to remain in that environment, shall be entitled to special
protection and assistance provided by the State.
2. States Parties shall in accordance with their national laws
ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah of
Islamic law, adoption or if necessary placement in suitable
institutions for the care of children. When considering solutions,
due regard shall be paid to the desirability of continuity in a
child's upbringing and to the child's ethnic, religious, cultural and
linguistic background.
Article 21
States Parties that recognize and/or permit the system of
adoption shall ensure that the best interests of the child shall be
the paramount consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by
competent authorities who determine, in accordance with
applicable law and procedures and on the basis of all pertinent
and reliable information, that the adoption is permissible in view
of the child's status concerning parents, relatives and legal
guardians and that, if required, the persons concerned have
given their informed consent to the adoption on the basis of such
counselling as may be necessary;
(b) Recognize that inter-country adoption may be considered as
an alternative means of child's care, if the child cannot be placed
in a foster or an adoptive family or cannot in any suitable manner
be cared for in the child's country of origin; (c) Ensure that the
child concerned by inter-country adoption enjoys safeguards and
standards equivalent to those existing in the case of national
adoption;
(d) Take all appropriate measures to ensure that, in inter-country
adoption, the placement does not result in improper financial gain
for those involved in it;
(e) Promote, where appropriate, the objectives of the present
article by concluding bilateral or multilateral arrangements or
agreements, and endeavour, within this framework, to ensure
that the placement of the child in another country is carried out
by competent authorities or organs.
Article 22
1. States Parties shall take appropriate measures to ensure that
a child who is seeking refugee status or who is considered a
refugee in accordance with applicable international or domestic
law and procedures shall, whether unaccompanied or
accompanied by his or her parents or by any other person,
receive appropriate protection and humanitarian assistance in
the enjoyment of applicable rights set forth in the present
Convention and in other international human rights or
humanitarian instruments to which the said States are Parties.
2. For this purpose, States Parties shall provide, as they consider
appropriate, co-operation in any efforts by the United Nations
and other competent intergovernmental organizations or non-
governmental organizations co-operating with the United Nations
to protect and assist such a child and to trace the parents or
other members of the family of any refugee child in order to
obtain information necessary for reunification with his or her
family. In cases where no parents or other members of the family
can be found, the child shall be accorded the same protection as
any other child permanently or temporarily deprived of his or her
family environment for any reason , as set forth in the present
Convention.
Article 23
1. States Parties recognize that a mentally or physically disabled
child should enjoy a full and decent life, in conditions which
ensure dignity, promote self-reliance and facilitate the child's
active participation in the community.
2. States Parties recognize the right of the disabled child to
special care and shall encourage and ensure the extension,
subject to available resources, to the eligible child and those
responsible for his or her care, of assistance for which application
is made and which is appropriate to the child's condition and to
the circumstances of the parents or others caring for the child. 3.
Recognizing the special needs of a disabled child, assistance
extended in accordance with paragraph 2 of the present article
shall be provided free of charge, whenever possible, taking into
account the financial resources of the parents or others caring for
the child, and shall be designed to ensure that the disabled child
has effective access to and receives education, training, health
care services, rehabilitation services, preparation for employment
and recreation opportunities in a manner conducive to the child's
achieving the fullest possible social integration and individual
development, including his or her cultural and spiritual
development
4. States Parties shall promote, in the spirit of international
cooperation, the exchange of appropriate information in the field
of preventive health care and of medical, psychological and
functional treatment of disabled children, including dissemination
of and access to information concerning methods of rehabilitation,
education and vocational services, with the aim of enabling
States Parties to improve their capabilities and skills and to widen
their experience in these areas. In this regard, particular account
shall be taken of the needs of developing countries.
Article 24
1. States Parties recognize the right of the child to the enjoyment
of the highest attainable standard of health and to facilities for
the treatment of illness and rehabilitation of health. States
Parties shall strive to ensure that no child is deprived of his or her
right of access to such health care services.
2. States Parties shall pursue full implementation of this right
and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance and
health care to all children with emphasis on the development of
primary health care;
(c) To combat disease and malnutrition, including within the
framework of primary health care, through, inter alia, the
application of readily available technology and through the
provision of adequate nutritious foods and clean drinking-water,
taking into consideration the dangers and risks of environmental
pollution;
(d) To ensure appropriate pre-natal and post-natal health care
for mothers;
(e) To ensure that all segments of society, in particular parents
and children, are informed, have access to education and are
supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and
environmental sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for parents and
family planning education and services.
3. States Parties shall take all effective and appropriate
measures with a view to abolishing traditional practices
prejudicial to the health of children.
4. States Parties undertake to promote and encourage
international co-operation with a view to achieving progressively
the full realization of the right recognized in the present article. In
this regard, particular account shall be taken of the needs of
developing countries.
Article 25
States Parties recognize the right of a child who has been placed
by the competent authorities for the purposes of care, protection
or treatment of his or her physical or mental health, to a periodic
review of the treatment provided to the child and all other
circumstances relevant to his or her placement.
Article 26
1. States Parties shall recognize for every child the right to
benefit from social security, including social insurance, and shall
take the necessary measures to achieve the full realization of this
right in accordance with their national law.
2. The benefits should, where appropriate, be granted, taking
into account the resources and the circumstances of the child and
persons having responsibility for the maintenance of the child, as
well as any other consideration relevant to an application for
benefits made by or on behalf of the child.
Article 27
1. States Parties recognize the right of every child to a standard
of living adequate for the child's physical, mental, spiritual, moral
and social development.
2. The parent(s) or others responsible for the child have the
primary responsibility to secure, within their abilities and financial
capacities, the conditions of living necessary for the child's
development.
3. States Parties, in accordance with national conditions and
within their means, shall take appropriate measures to assist
parents and others responsible for the child to implement this
right and shall in case of need provide material assistance and
support programmes, particularly with regard to nutrition,
clothing and housing.
4. States Parties shall take all appropriate measures to secure
the recovery of maintenance for the child from the parents or
other persons having financial responsibility for the child, both
within the State Party and from abroad. In particular, where the
person having financial responsibility for the child lives in a State
different from that of the child, States Parties shall promote the
accession to international agreements or the conclusion of such
agreements, as well as the making of other appropriate
arrangements.
Article 28
1. States Parties recognize the right of the child to education, and
with a view to achieving this right progressively and on the basis
of equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary
education, including general and vocational education, make
them available and accessible to every child, and take
appropriate measures such as the introduction of free education
and offering financial assistance in case of need;
(c) Make higher education accessible to all on the basis of
capacity by every appropriate means;
(d) Make educational and vocational information and guidance
available and accessible to all children;
(e) Take measures to encourage regular attendance at schools
and the reduction of drop-out rates.
2. States Parties shall take all appropriate measures to ensure
that school discipline is administered in a manner consistent with
the child's human dignity and in conformity with the present
Convention.
3. States Parties shall promote and encourage international
cooperation in matters relating to education, in particular with a
view to contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this
regard, particular account shall be taken of the needs of
developing countries.
Article 29General comment on its implementation
1. States Parties agree that the education of the child shall be
directed to:
(a) The development of the child's personality, talents and mental
and physical abilities to their fullest potential;
(b) The development of respect for human rights and
fundamental freedoms, and for the principles enshrined in the
Charter of the United Nations;
(c) The development of respect for the child's parents, his or her
own cultural identity, language and values, for the national
values of the country in which the child is living, the country from
which he or she may originate, and for civilizations different from
his or her own;
(d) The preparation of the child for responsible life in a free
society, in the spirit of understanding, peace, tolerance, equality
of sexes, and friendship among all peoples, ethnic, national and
religious groups and persons of indigenous origin;
(e) The development of respect for the natural environment.
2. No part of the present article or article 28 shall be construed
so as to interfere with the liberty of individuals and bodies to
establish and direct educational institutions, subject always to
the observance of the principle set forth in paragraph 1 of the
present article and to the requirements that the education given
in such institutions shall conform to such minimum standards as
may be laid down by the State.
Article 30
In those States in which ethnic, religious or linguistic minorities or
persons of indigenous origin exist, a child belonging to such a
minority or who is indigenous shall not be denied the right, in
community with other members of his or her group, to enjoy his
or her own culture, to profess and practise his or her own
religion, or to use his or her own language.
Article 31
1. States Parties recognize the right of the child to rest and
leisure, to engage in play and recreational activities appropriate
to the age of the child and to participate freely in cultural life and
the arts.
2. States Parties shall respect and promote the right of the child
to participate fully in cultural and artistic life and shall encourage
the provision of appropriate and equal opportunities for cultural,
artistic, recreational and leisure activity.
Article 32
1. States Parties recognize the right of the child to be protected
from economic exploitation and from performing any work that is
likely to be hazardous or to interfere with the child's education, or
to be harmful to the child's health or physical, mental, spiritual,
moral or social development.
2. States Parties shall take legislative, administrative, social and
educational measures to ensure the implementation of the
present article. To this end, and having regard to the relevant
provisions of other international instruments, States Parties shall
in particular: (a) Provide for a minimum age or minimum ages for
admission to employment;
(b) Provide for appropriate regulation of the hours and conditions
of employment;
(c) Provide for appropriate penalties or other sanctions to ensure
the effective enforcement of the present article.
Article 33
States Parties shall take all appropriate measures, including
legislative, administrative, social and educational measures, to
protect children from the illicit use of narcotic drugs and
psychotropic substances as defined in the relevant international
treaties, and to prevent the use of children in the illicit production
and trafficking of such substances.
Article 34
States Parties undertake to protect the child from all forms of
sexual exploitation and sexual abuse. For these purposes, States
Parties shall in particular take all appropriate national, bilateral
and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any
unlawful sexual activity;
(b) The exploitative use of children in prostitution or other
unlawful sexual practices;
(c) The exploitative use of children in pornographic performances
and materials.
Article 35
States Parties shall take all appropriate national, bilateral and
multilateral measures to prevent the abduction of, the sale of or
traffic in children for any purpose or in any form.
Article 36
States Parties shall protect the child against all other forms of
exploitation prejudicial to any aspects of the child's welfare.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman
or degrading treatment or punishment. Neither capital
punishment nor life imprisonment without possibility of release
shall be imposed for offences committed by persons below
eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or
arbitrarily. The arrest, detention or imprisonment of a child shall
be in conformity with the law and shall be used only as a
measure of last resort and for the shortest appropriate period of
time;
(c) Every child deprived of liberty shall be treated with humanity
and respect for the inherent dignity of the human person, and in
a manner which takes into account the needs of persons of his or
her age. In particular, every child deprived of liberty shall be
separated from adults unless it is considered in the child's best
interest not to do so and shall have the right to maintain contact
with his or her family through correspondence and visits, save in
exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well
as the right to challenge the legality of the deprivation of his or
her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on any such action.
Article 38
1. States Parties undertake to respect and to ensure respect for
rules of international humanitarian law applicable to them in
armed conflicts which are relevant to the child.
2. States Parties shall take all feasible measures to ensure that
persons who have not attained the age of fifteen years do not
take a direct part in hostilities.
3. States Parties shall refrain from recruiting any person who has
not attained the age of fifteen years into their armed forces. In
recruiting among those persons who have attained the age of
fifteen years but who have not attained the age of eighteen
years, States Parties shall endeavour to give priority to those
who are oldest.
4. In accordance with their obligations under international
humanitarian law to protect the civilian population in armed
conflicts, States Parties shall take all feasible measures to ensure
protection and care of children who are affected by an armed
conflict.
Article 39
States Parties shall take all appropriate measures to promote
physical and psychological recovery and social reintegration of a
child victim of: any form of neglect, exploitation, or abuse; torture
or any other form of cruel, inhuman or degrading treatment or
punishment; or armed conflicts. Such recovery and reintegration
shall take place in an environment which fosters the health, self-
respect and dignity of the child.
Article 40
1. States Parties recognize the right of every child alleged as,
accused of, or recognized as having infringed the penal law to be
treated in a manner consistent with the promotion of the child's
sense of dignity and worth, which reinforces the child's respect
for the human rights and fundamental freedoms of others and
which takes into account the child's age and the desirability of
promoting the child's reintegration and the child's assuming a
constructive role in society.
2. To this end, and having regard to the relevant provisions of
international instruments, States Parties shall, in particular,
ensure that:
(a) No child shall be alleged as, be accused of, or recognized as
having infringed the penal law by reason of acts or omissions
that were not prohibited by national or international law at the
time they were committed;
(b) Every child alleged as or accused of having infringed the penal
law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against
him or her, and, if appropriate, through his or her parents or legal
guardians, and to have legal or other appropriate assistance in
the preparation and presentation of his or her defence;
(iii) To have the matter determined without delay by a competent,
independent and impartial authority or judicial body in a fair
hearing according to law, in the presence of legal or other
appropriate assistance and, unless it is considered not to be in
the best interest of the child, in particular, taking into account his
or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to
examine or have examined adverse witnesses and to obtain the
participation and examination of witnesses on his or her behalf
under conditions of equality;
(v) If considered to have infringed the penal law, to have this
decision and any measures imposed in consequence thereof
reviewed by a higher competent, independent and impartial
authority or judicial body according to law;
(vi) To have the free assistance of an interpreter if the child
cannot understand or speak the language used;
(vii) To have his or her privacy fully respected at all stages of the
proceedings. 3. States Parties shall seek to promote the
establishment of laws, procedures, authorities and institutions
specifically applicable to children alleged as, accused of, or
recognized as having infringed the penal law, and, in particular:
(a) The establishment of a minimum age below which children
shall be presumed not to have the capacity to infringe the penal
law;
(b) Whenever appropriate and desirable, measures for dealing
with such children without resorting to judicial proceedings,
providing that human rights and legal safeguards are fully
respected.
4. A variety of dispositions, such as care, guidance and
supervision orders; counselling; probation; foster care; education
and vocational training programmes and other alternatives to
institutional care shall be available to ensure that children are
dealt with in a manner appropriate to their well-being and
proportionate both to their circumstances and the offence.
Article 41
Nothing in the present Convention shall affect any provisions
which are more conducive to the realization of the rights of the
child and which may be contained in:
(a) The law of a State party; or
(b) International law in force for that State.
PART II
Article 42
States Parties undertake to make the principles and provisions of
the Convention widely known, by appropriate and active means,
to adults and children alike.
Article 43
1. For the purpose of examining the progress made by States
Parties in achieving the realization of the obligations undertaken
in the present Convention, there shall be established a
Committee on the Rights of the Child, which shall carry out the
functions hereinafter provided.
2. The Committee shall consist of ten experts of high moral
standing and recognized competence in the field covered by this
Convention. The members of the Committee shall be elected by
States Parties from among their nationals and shall serve in their
personal capacity, consideration being given to equitable
geographical distribution, as well as to the principal legal
systems. (amendment)
3. The members of the Committee shall be elected by secret
ballot from a list of persons nominated by States Parties. Each
State Party may nominate one person from among its own
nationals.
4. The initial election to the Committee shall be held no later than
six months after the date of the entry into force of the present
Convention and thereafter every second year. At least four
months before the date of each election, the Secretary-General of
the United Nations shall address a letter to States Parties inviting
them to submit their nominations within two months. The
Secretary-General shall subsequently prepare a list in
alphabetical order of all persons thus nominated, indicating
States Parties which have nominated them, and shall submit it to
the States Parties to the present Convention.
5. The elections shall be held at meetings of States Parties
convened by the Secretary-General at United Nations
Headquarters. At those meetings, for which two thirds of States
Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes
and an absolute majority of the votes of the representatives of
States Parties present and voting.
6. The members of the Committee shall be elected for a term of
four years. They shall be eligible for re-election if renominated.
The term of five of the members elected at the first election shall
expire at the end of two years; immediately after the first
election, the names of these five members shall be chosen by lot
by the Chairman of the meeting.
7. If a member of the Committee dies or resigns or declares that
for any other cause he or she can no longer perform the duties of
the Committee, the State Party which nominated the member
shall appoint another expert from among its nationals to serve
for the remainder of the term, subject to the approval of the
Committee.
8. The Committee shall establish its own rules of procedure.
9. The Committee shall elect its officers for a period of two years.
10. The meetings of the Committee shall normally be held at
United Nations Headquarters or at any other convenient place as
determined by the Committee. The Committee shall normally
meet annually. The duration of the meetings of the Committee
shall be determined, and reviewed, if necessary, by a meeting of
the States Parties to the present Convention, subject to the
approval of the General Assembly.
11. The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of the
functions of the Committee under the present Convention.
12. With the approval of the General Assembly, the members of
the Committee established under the present Convention shall
receive emoluments from United Nations resources on such terms
and conditions as the Assembly may decide.
Article 44
1. States Parties undertake to submit to the Committee, through
the Secretary-General of the United Nations, reports on the
measures they have adopted which give effect to the rights
recognized herein and on the progress made on the enjoyment
of those rights:
(a) Within two years of the entry into force of the Convention for
the State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate factors
and difficulties, if any, affecting the degree of fulfilment of the
obligations under the present Convention. Reports shall also
contain sufficient information to provide the Committee with a
comprehensive understanding of the implementation of the
Convention in the country concerned.
3. A State Party which has submitted a comprehensive initial
report to the Committee need not, in its subsequent reports
submitted in accordance with paragraph 1 (b) of the present
article, repeat basic information previously provided.
4. The Committee may request from States Parties further
information relevant to the implementation of the Convention.
5. The Committee shall submit to the General Assembly, through
the Economic and Social Council, every two years, reports on its
activities.
6. States Parties shall make their reports widely available to the
public in their own countries.
Article 45
In order to foster the effective implementation of the Convention
and to encourage international co-operation in the field covered
by the Convention:
(a) The specialized agencies, the United Nations Children's Fund,
and other United Nations organs shall be entitled to be
represented at the consideration of the implementation of such
provisions of the present Convention as fall within the scope of
their mandate. The Committee may invite the specialized
agencies, the United Nations Children's Fund and other
competent bodies as it may consider appropriate to provide
expert advice on the implementation of the Convention in areas
falling within the scope of their respective mandates. The
Committee may invite the specialized agencies, the United
Nations Children's Fund, and other United Nations organs to
submit reports on the implementation of the Convention in areas
falling within the scope of their activities;
(b) The Committee shall transmit, as it may consider appropriate,
to the specialized agencies, the United Nations Children's Fund
and other competent bodies, any reports from States Parties that
contain a request, or indicate a need, for technical advice or
assistance, along with the Committee's observations and
suggestions, if any, on these requests or indications;
(c) The Committee may recommend to the General Assembly to
request the Secretary-General to undertake on its behalf studies
on specific issues relating to the rights of the child;
(d) The Committee may make suggestions and general
recommendations based on information received pursuant to
articles 44 and 45 of the present Convention. Such suggestions
and general recommendations shall be transmitted to any State
Party concerned and reported to the General Assembly, together
with comments, if any, from States Parties.
PART III
Article 46
The present Convention shall be open for signature by all States.
Article 47
The present Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.
Article 48
The present Convention shall remain open for accession by any
State. The instruments of accession shall be deposited with the
Secretary-General of the United Nations.
Article 49
1. The present Convention shall enter into force on the thirtieth
day following the date of deposit with the Secretary-General of
the United Nations of the twentieth instrument of ratification or
accession.
2. For each State ratifying or acceding to the Convention after the
deposit of the twentieth instrument of ratification or accession,
the Convention shall enter into force on the thirtieth day after the
deposit by such State of its instrument of ratification or accession.
Article 50
1. Any State Party may propose an amendment and file it with
the Secretary-General of the United Nations. The Secretary-
General shall thereupon communicate the proposed amendment
to States Parties, with a request that they indicate whether they
favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that,
within four months from the date of such communication, at least
one third of the States Parties favour such a conference, the
Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a
majority of States Parties present and voting at the conference
shall be submitted to the General Assembly for approval.
2. An amendment adopted in accordance with paragraph 1 of the
present article shall enter into force when it has been approved
by the General Assembly of the United Nations and accepted by a
two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on
those States Parties which have accepted it, other States Parties
still being bound by the provisions of the present Convention and
any earlier amendments which they have accepted.
Article 51
1. The Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by States at
the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the
present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to
that effect addressed to the Secretary-General of the United
Nations, who shall then inform all States. Such notification shall
take effect on the date on which it is received by the Secretary-
General
Article 52
A State Party may denounce the present Convention by written
notification to the Secretary-General of the United Nations.
Denunciation becomes effective one year after the date of receipt
of the notification by the Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as the
depositary of the present Convention.
Article 54
The original of the present Convention, of which the Arabic,
Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the
United Nations.
IN WITNESS THEREOF the undersigned plenipotentiaries, being
duly authorized thereto by their respective governments, have
signed the present Convention.