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 United Nations 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 ten) 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 cooperation for improving the living conditions of children in
every country, in particular in the developing countries,
Have agreed as follows:
PART I: Substantive Provisions
Unofficial Summary
Preamble
The preamble recalls the basic
principles of the United Nations and specific provisions of certain relevant
human rights treaties and proclamations. It reaffirms the fact that children,
because of their vulnerability, need special care and protection, and it places
special emphasis on the primary caring and protective responsibility of the
family. It also reaffirms the need for legal and other protection of the child
before and after birth, the importance of respect for the cultural values of
the child's community, and the vital role of international cooperation in
securing children's rights.
Article 1
For the purposes of the present
Convention, a child means every human being below the age of 18 years unless,
under the law applicable to the child, majority is attained earlier.
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Definition of a child
A child is recognized as a person
under 18, unless national laws recognize the age of majority 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.
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Non-discrimination
All rights apply to all children
without exception. It is the State's obligation to protect children from any form
of discrimination and to take positive action to promote their rights.
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.
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Best interests of the child
All actions concerning the child
shall take full account of his or her best interests. The State shall provide
the child with adequate care when parents, or others charged with that
responsibility, fail to do so.
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 cooperation.
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Implementation of rights
The State must do all it can to
implement the rights contained in the Convention.
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.
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Parental guidance and the child's
evolving capacities
The State must respect the rights
and responsibilities of parents and the extended family to provide guidance for
the child which is appropriate to her or his evolving capacities.
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.
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Survival and development
Every child has the inherent
right to life, and the State has an obligation to ensure the child's survival
and development.
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.
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Name and nationality
The child has the right to a name
at birth. The child also has the right to acquire a nationality and, as far as
possible, to know his or her parents and be cared for by them.
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 speedily
re-establishing his or her identity
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Preservation of identity
The State has an obligation to
protect, and if necessary, re- establish basic aspects of the child's identity.
This includes name, nationality and family ties.
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.
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Separation from parents
The child has a right to live
with his or her parents unless this is deemed to be incompatible with the
child's best interests. The child also has the right to maintain contact with
both parents if separated from one or both.
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
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Family reunification
Children and their parents have
the right to leave any country and to enter their own for purposes of reunion
or the maintenance of the child-parent relationship.
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.
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Illicit transfer and non-return
The State has an obligation to
prevent and remedy the kidnapping or retention of children abroad by a parent
or third party.
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
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The child's opinion
The child has the right to
express his or her opinion freely and to have that opinion taken into account
in any matter or procedure affecting the child.
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.
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Freedom of expression
The child has the right to
express his or her views, obtain information, make ideas or information known,
regardless of frontiers.
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.
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Freedom of thought, conscience
and religion
The State shall respect the
child's right to freedom of thought, conscience and religion, subject to
appropriate parental guidance.
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.
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Freedom of association
Children have a right to meet
with others, and to join or form associations.
Article 16
1. No child shall be subjected to
arbitrary or unlawful interference with his or her privacy, family, home or
correspondence, nor to unlawful attacks on his or her honour and reputation.
2. The child has the right to the
protection of the law against such interference or attacks.
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Protection of privacy
Children have the right to
protection from interference with privacy, family, home and correspondence, and
from libel or slander.
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
cooperation 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.
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Access to appropriate information
The State shall ensure the
accessibility to children of information and material from a diversity of
sources, and it shall encourage the mass media to disseminate information which
is of social and cultural benefit to the child, and take steps to protect him
or her from harmful materials.
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.
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Parental responsibilities
Parents have joint primary
responsibility for raising the child, and the State shall support them in this.
The State shall provide appropriate assistance to parents in child-raising.
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.
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Protection from abuse and neglect
The State shall protect the child
from all forms of maltreatment by parents or others responsible for the care of
the child and establish appropriate social programmes for the prevention of
abuse and the treatment of victims.
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, Kafala 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.
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Protection of a child without
family
The State is obliged to provide
special protection for a child deprived of the family environment and to ensure
that appropriate alternative family care or institutional placement is
available in such cases. Efforts to meet this obligation shall pay due regard
to the child's cultural 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 intercountry adoption enjoys safeguards and standards equivalent
to those existing in the case of national adoption;
(d) Take all appropriate measures
to ensure that, in intercountry 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.
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Adoption
In countries where adoption is
recognized and/or allowed, it shall only be carried out in the best interests
of the child, and then only with the authorization of competent authorities,
and safeguards for the child.
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, cooperation 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.
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Refugee children
Special protection shall be
granted to a refugee child or to a child seeking refugee status. It is the
State's obligation to co- operate with competent organizations which provide
such protection and assistance.
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.
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Disabled children
A disabled child has the right to
special care, education and training to help him or her enjoy a full and decent
life in dignity and achieve the greatest degree of self-reliance and social
integration possible.
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 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
practises prejudicial to the health of children.
4. States Parties undertake to
promote and encourage international cooperation 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.
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Health and health services
The child has a right to the
highest standard of health and medical care attainable. States shall place
special emphasis on the provision of primary and preventive health care, public
health education and the reduction of infant mortality. They shall encourage
international cooperation in this regard and strive to see that no child is
deprived of access to effective health services.
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.
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Periodic review of placement
A child who is placed by the
State for reasons of care, protection or treatment is entitled to have that
placement evaluated regularly.
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.
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Social security
The child has the right to
benefit from social security including social insurance.
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.
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Standard of living
Every child has the right to a
standard of living adequate for his or her physical, mental, spiritual, moral
and social development. Parents have the primary responsibility to ensure that
the child has an adequate standard of living. The State's duty is to ensure
that this responsibility can be fulfilled, and is. State responsibility can
include material assistance to parents and their children.
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.
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Education
The child has a right to
education, and the State's duty is to ensure that primary education is free and
compulsory, to encourage different forms of secondary education accessible to
every child and to make higher education available to all on the basis of
capacity. School discipline shall be consistent with the child's rights and
dignity. The State shall engage in international co- operation to implement
this right.
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 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.
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Aims of education
Education shall aim at developing
the child's personality, talents and mental and physical abilities to the
fullest extent. Education shall prepare the child for an active adult life in a
free society and foster respect for the child's parents, his or her own
cultural identity, language and values, and for the cultural background and
values of others.
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.
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Children of minorities or
indigenous populations
Children of minority communities
and indigenous populations have the right to enjoy their own culture and to
practise their own religion and 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.
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Leisure, recreation and cultural
activities
The child has the right to
leisure, play and participation in cultural and artistic activities.
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 admissions 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.
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Child labour
The child has the right to be
protected from work that threatens his or her health, education or development.
The State shall set minimum ages for employment and regulate working
conditions.
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.
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Drug abuse
Children have the right to
protection from the use of narcotic and psychotropic drugs, and from being
involved in their production or distribution.
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 practises;
(c) The exploitative use of
children in pornographic performances and materials.
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Sexual exploitation
The State shall protect children
from sexual exploitation and abuse, including prostitution and involvement in
pornography.
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.
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It is the State's obligation to
make every effort to prevent the sale, trafficking and abduction of children.
Article 36
States Parties shall protect the
child against all other forms of exploitation prejudicial to any aspects of the
child's welfare.
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Other forms of exploitation
The child has the right to
protection from all forms of exploitation prejudicial to any aspects of the
child's welfare not covered in articles 32, 33, 34 and 35.
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 18 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.
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Torture and deprivation of
liberty
No child shall be subjected to
torture, cruel treatment or punishment, unlawful arrest or deprivation of
liberty. Both capital punishment and life imprisonment without the possibility
of release are prohibited for offences committed by persons below 18 years. Any
child deprived of liberty shall be separated from adults unless it is
considered in the child's best interests not to do so. A child who is detained
shall have legal and other assistance as well as contact with the family.
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 15
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 15 years into their
armed forces. In recruiting among those persons who have attained the age of 15
years but who have not attained the age of 18 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.
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Armed conflicts
States Parties shall take all
feasible measures to ensure that children under 15 years of age have no direct
part in hostilities. No child below 15 shall be recruited into the armed
forces. States shall also ensure the protection and care of children who are
affected by armed conflict as described in relevant international law.
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.
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Rehabilitative care
The State has an obligation to
ensure that child victims of armed conflicts, torture, neglect, maltreatment or
exploitation receive appropriate treatment for their recovery and social
reintegration.
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.
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Administration of juvenile
justice
A child in conflict with the law
has the right to treatment which promotes the child's sense of dignity and
worth, takes the child's age into account and aims at his or her reintegration
into society. The child is entitled to basic guarantees as well as legal or
other assistance for his or her defence. Judicial proceedings and institutional
placements shall be avoided wherever possible.
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.
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Respect for higher standards
Wherever standards set in
applicable national and international law relevant to the rights of the child
that are higher than those in this Convention, the higher standard shall always
apply.
PART II: Implementation and
Monitoring
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
10 experts of high moral standing and recognized competence in the field
covered by this Convention. The members of the Committee shall be elected by
States Parties from among their nationals and shall serve in their personal
capacity, consideration being given to equitable geographical distribution, as
well as to the principal legal systems.
3. The members of the Committee
shall be elected by secret ballot from a list of persons nominated by States
Parties. Each State Party may nominate one person from among its own nationals.
4. The initial election to the
Committee shall be held no later than six months after the date of the entry
into force of the present Convention and thereafter every second year. At least
four months before the date of each election, the Secretary-General of the
United Nations shall address a letter to States Parties inviting them to submit
their nominations within two months. The Secretary-General shall subsequently
prepare a list in alphabetical order of all persons thus nominated, indicating
States Parties which have nominated them, and shall submit it to the States
Parties to the present Convention.
5. The elections shall be held at
meetings of States Parties convened by the Secretary-General at United Nations
Headquarters. At those meetings, for which two thirds of States Parties shall
constitute a quorum, the persons elected to the Committee shall be those who
obtain the largest number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
6. The members of the Committee
shall be elected for a term of four years. They shall be eligible for
re-election if renominated. The term of five of the members elected at the
first election shall expire at the end of two years; immediately after the
first election, the names of these five members shall be chosen by lot by the
Chairman of the meeting.
7. If a member of the Committee
dies or resigns or declares that for any other cause he or she can no longer
perform the duties of the Committee, the State Party which nominated the member
shall appoint another expert from among its nationals to serve for the
remainder of the term, subject to the approval of the Committee.
8. The Committee shall establish
its own rules of procedure.
9. The Committee shall elect its
officers for a period of two years.
10. The meetings of the Committee
shall normally be held at United Nations Headquarters or at any other
convenient place as determined by the Committee. The Committee shall normally
meet annually. The duration of the meetings of the Committee shall be
determined, and reviewed, if necessary, by a meeting of the States Parties to
the present Convention, subject to the approval of the General Assembly.
11. The Secretary-General of the
United Nations shall provide the necessary staff and facilities for the
effective performance of the functions of the Committee under the present
Convention.
12. With the approval of the
General Assembly, the members of the Committee established under the present
Convention shall receive emoluments from the United Nations resources on such
terms and conditions as the Assembly may decide.
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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 cooperation 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.
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Implementation and entry into
force
The provisions of articles 42-54
notably foresee:
(i) the State's obligation to
make the rights contained in this Convention widely known to both adults and
children.
(ii) the setting up of a
Committee on the Rights of the Child composed of 10 experts, which will
consider reports that States Parties to the Convention are to submit two years
after ratification and every five years thereafter. The Convention enters into
force - and the Committee would therefore be set up - once 20 countries have
ratified it.
(iii) States Parties are to make
their reports widely available to the general public.
(iv) The Committee may propose
that special studies be undertaken on specific issues relating to the rights of
the child, and may make its evaluations known to each State Party concerned as
well as to the UN General Assembly.
(v) In order to "foster the
effective implementation of the Convention and to encourage international co- operation,"
the specialized agencies of the UN - such as the International Labour
Organisation (ILO), World Health Organization (WHO) and United Nations
Educational, Scientific and Cultural Organization (UNESCO) - and UNICEF would
be able to attend the meetings of the Committee. Together with any other body
recognized as 'competent', including non-governmental organizations (NGOs) in
consultative status with the UN and UN organs such as the United Nations High
Commissioner for Refugees (UNHCR), they can submit pertinent information to the
Committee and be asked to advise on the optimal implementation of the
Convention.
PART III: Final Clauses
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.
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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.
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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.