|
UN Convention on
Rights of Child
|
The Convention
on the Rights of the Child was adopted and opened
for signature, ratification and accession by General
Assembly resolution 44/25 of 20 November 1989. It
entered 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
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.
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.
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.
Source: UNICEF
|
