Convention on the Rights of the Child
U.N. General Assembly
Document A/RES/44/25 (12 December 1989)
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The
General Assembly,
Recalling its previous resolutions, especially resolutions 33/166
of 20 December 1978 and 43/112 of 8 December 1988, and those of
the Commission on Human Rights and the Economic and Social Council
related to the question of a convention on the rights of the child,
Taking note, in particular, of Commission on Human Rights resolution
1989/57 of 8 March 1989, by which the Commission decided to transmit
the draft convention on the rights of the child, through the Economic
and Social Council, to the General Assembly, and Economic and
Social Council resolution 1989/79 of 24 May 1989,
Reaffirming that children's rights require special protection
and call for continuous improvement of the situation of children
all over the world, as well as for their development and education
in conditions of peace and security,
Profoundly concerned that the situation of children in many parts
of the world remains critical as a result of inadequate social
conditions, natural disasters, armed conflicts, exploitation,
illiteracy, hunger and disability, and convinced that urgent and
effective national and international action is
called for,
Mindful of the important role of the United Nations Children's
Fund and of that of the United Nations in promoting the well-being
of children and their development,
Convinced that an international convention on the rights of the
child, as a standard-setting accomplishment of the United Nations
in the field of human rights, would make a positive contribution
to protecting children's rights and ensuring their well-being,
Bearing in mind that 1989 marks the thirtieth anniversary of the
Declaration of the Rights of the Child and the tenth anniversary
of the International Year of the Child,
1. Expresses its
appreciation to the Commission on Human Rights for having concluded
the elaboration of the draft convention on the rights of the
child;
2. Adopts and opens for signature, ratification and accession
the Convention on the Rights of the Child contained in the annex
to the present resolution;
3. Calls upon all Member States to consider signing and ratifying
or acceding to the Convention as a matter of priority and expresses
the hope that it will come into force at an early date;
4. Requests the Secretary-General to provide all the facilities
and assistance necessary for dissemination of information on
the Convention;
5. Invites United Nations agencies and organizations, as well
as intergovernmental and non-governmental organizations, to
intensify their
efforts with a view to disseminating information on the Convention
and to promoting its understanding;
6. Requests the Secretary-General to submit to the General Assembly
at its forty-fifth session a report on the status of the Convention
on the Rights of the Child;
7. Decides to consider the report of the Secretary-General at
its forty-fifth session under an item entitled "Implementation
of the Convention on the Rights of the Child".
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 speedily re-establishing 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 2, 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.
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.
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 co-operation, 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 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
cooperating 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.
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, iner alia, the application of readily available
technology and through the provision of adequate nutritious foods
and clean drinking-water, taking into consideration the dangers
and risks of environmental pollution;
(d) To ensure
appropriate pre-natal and post-natal health care for mothers;
(e) To ensure
that all segments of society, in particular parents and children,
are informed, have access to education and are supported in the
use of basic knowledge of child health and nutrition, the advantages
of breast-feeding, hygiene and 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 co-operation
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 principles set forth in Paragraph 1 of the present article
and to the requirements that the education given in such institutions
shall conform to such minimum standards as may be laid down
by the State.
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.
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.
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 quilt; to examine
or have examined adverse witnesses and to obtain the participation
and examination of witnesses on his or her behalf under conditions
of equality;
(v) If considered
to have infringed the penal law, to have this decision and any
measures imposed in consequence thereof reviewed by a higher
competent, independent and impartial authority or judicial body
according to law;
(vi) To have
the free assistance of an interpreter if the child cannot understand
or speak the language used;
(vii) To
have his or her privacy fully respected at all stages of the
proceedings.
3. States Parties shall
seek to promote the establishment of laws, procedures, authorities
and institutions specifically applicable to children alleged
as, accused of, or recognized as having infringed the penal
law, and, in particular:
(a) The establishment
of a minimum age below which children shall be presumed not to
have the capacity to infringe the penal law;
(b) Whenever appropriate and desirable, measures for dealing with
such children without resorting to judicial proceedings, providing
that human rights and legal safeguards are fully respected.
4. A variety of dispositions, such as care, guidance and supervision
orders; counselling; probation; foster care; education and vocational
training programmes and other alternatives to institutional care
shall be available to ensure that children are dealt with in a
manner appropriate to their well-being and proportionate both
to their circumstances and the offence.
Nothing in
the present Convention shall affect any provisions which are more
conducive to the realization of the rights of the child and which
may be contained in:
(a) The law
of a State Party; or
(b) International law in
force for that State.
PART II
Article 42
States Parties undertake to
make the principles and provisions of the Convention widely known,
by appropriate and active means, to adults and children alike.
Article 43
1. For the purpose of examining
the progress made by States Parties in achieving the realization
of the obligations undertaken in the present Convention, there
shall be established a Committee on the Rights of the Child, which
shall carry out the functions hereinafter provided.
2. The Committee shall consist
of ten experts of high moral standing and recognized competent
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, it 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 fulfillment
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.
U.N. Convention
on the Rights of the Child (1989). UN General Assembly Document
A/RES/44/25
Source: United
Nations
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