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, 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 29
1. States Parties agree that the education of the child shall be
directed to:
(a) The development of the child's personality, talents and
mental and physical abilities to their fullest potential;
(b) The development of respect for human rights and fundamental
freedoms, and for the principles enshrined in the Charter of
the United Nations;
(c) The development of respect for the child's parents, his or
her own cultural identity, language and values, for the
national values of the country in which the child is living,
the country from which he or she may originate, and for
civilizations different from his or her own;
(d) The preparation of the child for responsible life in a free
society, in the spirit of understanding, peace, tolerance,
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 eighteen experts of high moral
standing and recognized competence in the field covered by
this Convention.1/ 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.
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.