Save The Child Save The Nation: Laws

Convention on the Rights of the Child

Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989

entry into force 2 September 1990, in accordance with article 49

Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth",

Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,

Have agreed as follows:

PART I

Article 1

For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

Article 2

1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 3

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Article 4

States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

Article 5

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Article 6

1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 7

1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.

2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.

4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.

Article 10

1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their

own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.

Article 11

1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13

1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 14

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 15

1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.

2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.

Article 17

States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.

To this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;

(b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;

(d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;

(e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.

Article 18

1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.

2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.

3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20

1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.

2. States Parties shall in accordance with their national laws ensure alternative care for such a child.

3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.

Article 21

States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;

(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin;

(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;

(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;

(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.

Article 22

1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason , as set forth in the present Convention.

Article 23

1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.

3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph

2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development

4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.

Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education and services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.

4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.

Article 25

States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.

Article 26

1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.

2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.

Article 27

1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.

3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.

3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy

throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Article 29

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.

Article 31

1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 32

1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.

2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:

(a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

Article 33

States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

Article 35

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

Article 36

States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

Article 37

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Article 38

1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.

4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings.

3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.

Article 41

Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:

(a) The law of a State party; or

(b) International law in force for that State.

PART II

Article 42

States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.

Article 43

1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided.

2. The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Convention. The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems.

3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.

4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention.

5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute

a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting.

7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.

8. The Committee shall establish its own rules of procedure.

9. The Committee shall elect its officers for a period of two years.

10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.

11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.

12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.

Article 44

1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights

(a) Within two years of the entry into force of the Convention for the State Party concerned;

(b) Thereafter every five years.

2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.

4. The Committee may request from States Parties further information relevant to the implementation of the Convention.

5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their own countries.

Article 45

In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:

(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;

(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee's observations and suggestions, if any, on these requests or indications;

(c) The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;

(d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.

PART III

Article 46

The present Convention shall be open for signature by all States.

Article 47

The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 48

The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 49

1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.

Article 50

1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any

amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval.

2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted.

Article 51

1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.

2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General

Article 52

A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.

Article 53

The Secretary-General of the United Nations is designated as the depositary of the present Convention.

Article 54

The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed the present Convention.

Laws 2

Notifications

29th September 2010 | ACT/ XIII/2010

THE KHYBER PAKHTUNKHWA CHILD PROTECTION AND WELFARE ACT, 2010.

THE KHYBER PAKHTUNKHWA CHILD PROTECTION AND

WELFARE ACT, 2010.

(KHYBER PAKHTUNKHWA ACT NO. XIII OF 2010)

(first published after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of the Khyber Pakhtunkhwa (Extraordinary), dated the 4^th October, 2010_).

AN ACT

to provide for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of Children at risk in the Khyber Pakhtunkhwa.

WHEREAS it is expedient to provide for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of children at risk in the Khyber Pakhtunkhwa;

It is hereby enacted as follows:-

PART-I

PRELIMINARY

1. Short title, extent and commencement.---(1)This Act may be called the Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010.

(2) It shall extend to the Province of the Khyber Pakhtunkhwa.

(3) It shall come into force at once.

2. Definitions.---(1) In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

(a) “begging” means-

(i) soliciting or receiving alms in a public or private place;

(ii) exposing or exhibiting any sore, wound, injury, deformity or disease with the object of obtaining or extorting alms; and

(iii) having no visible or known means of subsistence and found wandering about with the ostensible object of soliciting or receiving alms;

(b) “best interest of a child” means primary consideration, in all actions either by public or private bodies, for protection, survival, development and participation of children;

(c) “brothel” means any house, part of a house, room or place in which a prostitute carries on prostitution or any place where facilities are available for prostitution;

(d) “child” for the purpose of this Act means a natural person who has not attained the age of eighteen years;

(e) “child at risk” means a child in need of protection who;

(i) is at risk, including an orphan, child with disabilities, child of migrant workers, child working and or living on the street, child in conflict with the law and child living in extreme poverty;

(ii) is found begging; or

(iii) is found without having any home or settled place of abode or without any ostensible means of subsistence; or

(iv) has a parent or guardian who is unfit or incapacitated to exercise control over the child; or

(v) lives in a brothel or with a prostitute or frequently visits any place being used for the purpose of prostitution or is found to associate with any prostitute or any other person who leads an immoral or depraved life; or

(vi) is being or is likely to be abused or exploited for immoral or illegal purposes or gain; or

(vii) is beyond the parental control; or

(viii) is imprisoned with the mother or born in jail;

(ix) has lost his parents or one of the parents and has no adequate source of income; or

(x) is victim of an offence punishable under this Act or any other law for the time being in force and his parent or guardian is convicted or accused for the commission of such offence; or

(xi) is left abandoned by his parent or parents as the case may be, which will include a child born out of wedlock and left abandoned by his parent;

(f) “child pornography” means taking, permits to be taken, with or without the consent of the child, any photograph, film, video, picture or representation, portrait, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of obscene or sexually explicit conduct, where-

(i) the production of such visual depiction involves the use of a minor engaging in obscene or sexually explicit conduct; or

(ii) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaged in obscene or sexually explicit conduct; or

(iii) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in obscene or sexually explicit conduct, preparation, possession or distribution of any data stored on a computer disk or any other modern gadget;

(g) “Child Protection Institution” means an institution or organization for the admission, care, protection and rehabilitation of children at risk, established or recognized under this Act or the rules made thereunder, which shall include a “Kafalat Ghar” or “Children Home” or “Orphanage” established by Government for the abandoned children;

(h) “Child Protection Officer” means a person appointed as Child Protection Officer under section 11;

(i) “Child Protection Unit” means a Child Protection Unit established for a local area under section 9;

(j) “child trafficking” means knowingly purchasing, selling, harboring, transporting, providing, detaining or obtaining a child through coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and receiving or expecting to receive some benefit in lieu thereof;

(k) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);

(l) “Commission” means the Child Protection and Welfare Commission established under section 3;

(m) “corporal punishment” means intentional use of physical force intended to cause a high degree of pain or discomfort for discipline, correction and control, changing behaviour or in the belief of educating or bringing up the child, that either results in or has a high likelihood of resulting in injury, psychological harm, mal- development or deprivation;

(n) “fosterage” means breast feeding and nurturing of an infant by a women (who is not the natural mother of that infant) according to Islamic tenants;

(o) “Fund” means the Children Protection and Welfare Fund established under section 14;

(p) “Government” means the Government of the Khyber Pakhtunkhwa;

(q) “kafalat” means adoption by payment to the Child Protection Institution where the child is under protection, for his living, maintenance and education expenses in that institution;

(r) “member” means a member of the Commission;

(s) “narcotic drug” means any article defined as narcotic drug in the Control of Narcotic Substance Act, 1997 (Act No. XXV of 1997);

(t) “prescribed” means prescribed by rules or regulations made under this Act;

(u) “protection” means care shelter maintenance, education and provision of parental/family environment, this will also include an infant given in fosterage;

(v) “Province” means the Province of the Khyber Pakhtunkhwa;

(w) “regulations and rules” means regulations and rules made under section 62 of this Act;

(x) “section” means a section of this Act;

(y) “sexual abuse” means employing, using, forcing, persuading, inducing, enticing, or coercing any child to engage in, or assisting any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or stimulation of such conduct either independently or in conjunction with other acts, with or without his consent; and

(z) “suitable person” means a person declared by the Court suitable, in the best interest of the child, for entrustment with the custody of a child at risk.

(2) Words and expressions used and defined under this Act, if defined under any other law for the time being in force shall be considered in addition to this section and not in derogation thereof and any words and expressions used in this Act but not defined shall have the same meaning respectively assigned to them in Code or the Juvenile Justice System Ordinance, 2000 (Ordinance No. XXII of 2000) or in any other relevant Federal or Provincial Law.

PART-II

CHILD PROTECTION AND

WELFARE COMMISSION

3. Establishment of the Commission .---(1) As soon as may be after the commencement of this Act, Government shall establish a Commission to be known as the Khyber Pakhtunkhwa Child Protection and Welfare Commission.

(2) The Commission shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire land in accordance with law and hold properties both movable and immovable and may sue and be sued by the said name.

(3) Government may transfer state land or building, free of cost, to be utilized for the purposes of this Act.

(4) The composition of the Commission shall be as follows:

(a)	Minister for Social Welfare and	Chairman
	Women Development Department;
(b)	Secretary to Government Social	Vice-Chairman
	Welfare and Women Development
	Department;
(c)	Secretary to Government, Finance	Ex-officio Member
	Department or his nominee not
	below the rank of Deputy Secretary;
(d)	Secretary to Government, Home and	Ex-officio Member
	Tribal Affairs Department or his
	nominee not below the rank of
	Deputy Secretary;

(e) Secretary to Government, Law Ex-officio Member Parliamentary Affairs and Human

Rights Department or his nominee not below the rank of Deputy Secretary;

(f)	Secretary	to	Government,			Local		Ex-officio Member
	Government,		Election	and		Rural
	Development		Department		or		his
	nominee not below the rank of
	Deputy Secretary;
(g)	Secretary		to Government,					Ex-officio Member
	Elementary		and	Secondary
	Education	Department			or		his
	nominee not below the rank of
	Deputy Secretary;
(h) not exceeding six persons from civil								Members
	society organizations,			Members			of
	Provincial	Assembly,		Lawyers		and
	Ulema;
(i)	Chief Protection Officer;							Secretary-cum-
								member.

(5) The persons appointed under clause (h) of sub-section (4) shall be appointed by Government, who shall be the persons of repute having experience in the affairs of children and at least three amongst them shall be women.

(6) The Commission shall be the executive authority, having administrative control and management of the affairs of the Commission, its secretariat, institutions and organizations running under the Commission.

(7) Members of the Commission, other than ex-officio members, shall hold office for a period of three years and may serve on the Commission for more than two consecutive terms.

(8) The Commission shall meet on quarterly basis at such time and place and observe such rules of business as may be prescribed by rules.

(9) The Chairman shall preside over the meeting and in his absence any other ex-officio member of the Commission, to be elected by the present members, shall preside over the meeting.

(10) Six members including at least three ex-officio members shall constitute quorum for a meeting of the Commission.

(11) All decisions in a meeting shall be taken by majority of votes and the Chairman shall have the casting vote in case of equality of votes.

(12) Government may remove any member, appointed under clause (h) of sub-section (4), during the tenure of his office in the manner as may be prescribed by rules.

(13) Any vacancy caused due to death, resignation or removal of a member, other than an ex-officio member, shall be filled in by Government within one month time through appointment of another person as member and such appointee shall, hold such office for the unexpired term of his predecessor.

(14) Any member other than ex-officio members may resign from his office by tendering his resignation to Government.

4. Powers and functions of the Commission.---(1) Subject to the provisions of this Act, the Commission shall have the following powers and functions,-

(a) to act as a focal point for effective supervision and coordination of child rights matters at provincial and local levels, and develop and coordinate activities programmes and plans for the development, protection, survival, participation and rehabilitation of children at risk;

(b) to coordinate with National Commission on the Rights of Children (NCRC);

(d) to review all provincial laws, rules and regulations affecting the status and rights of children and propose new laws in this behalf, wherever necessary, to safeguard and promote the interest of child in accordance with the Constitution of the Islamic Republic of Pakistan and obligations under international covenants and commitments:

Provided that these obligations and covenants are not repugnant to injunctions of Islam;

(e) to provide technical and other support in the interests of children to the Provincial Departments, local governments or civil society organizations and create awareness and educate the public about the status of Children at risk through print and electronic media as well as holding lectures and seminars etc;

(f) to monitor the implementation and violation of laws related to child protection, welfare and rights including prevention of child labor, child sexual abuse, child sexual exploitation, prostitution, child pornography, child trafficking and any form of violence against children and to take necessary measures by enquiring into or referring individual complaints for their redressal to other appropriate Authorities or Departments or Agencies;

(g) to establish, manage, supervise and control Child Protection Units;

(h) to provide protective measures, inter alia, food and shelter, education and training to the children at risk by establishing, managing and recognizing Child Protection Institutions in accordance with the criteria laid down by the Commission;

(i) to prohibition of physical and corporal punishments of any kind which may result in endangering the life, physical, mental, spiritual, moral or social development of the child, both within the family, and in any institution;

(j) to mobilize financial resources, through national and international agencies, for programs relating to child protection, welfare and rights;

(k) to improve rules and procedures concerning compulsory birth registration and registration of children without birth documents including registration of an abandoned child with the State filling for his parentage;

(l) to reform, monitor and ensure the safety of children in residential care and juvenile detention facilities by efficient reorganization to meet with minimum standards and regular monitoring of each such institution;

(m) to build a rapid-response child protection intervention capability for provincial level emergencies such as natural disasters or the outbreak of armed conflict;

(n) development of a system if necessary, of acquiring partnership of private organizations for management or funding or both, of any or all child protection institutions, which may include arranging “kafalat” of a child by private citizens;

(o) to revise the minimum age of criminal responsibility to a nationally acceptable level;

(p) development of a uniform structure for data collection and computerized data recording, to facilitate evidence-based policy formulation; and

(q) to do all such acts and things as are ancillary or incidental to any of the functions stated above and any other functions, which may be assigned to it by Government.

(2) The Commission may appoint employees, which are necessary for the discharge of their functions with such terms and conditions, as may be prescribed by regulations.

(3) The Commission may authorize the employees for the performance of its functions under this Act.

5. Chief Protection Officer . ---(1) There shall be a Chief Protection Officer of the Commission to be appointed by Government on the recommendation of the Commission, on such terms and conditions as may be prescribed by rules.

(2) The Chief Protection Officer shall be the Chief Executive of the Secretariat of the Commission and shall be provided with such staff and facilities as the Commission may consider necessary.

(3) The minimum qualifications necessary for the appointment to the post of the Chief Protection Officer shall be such as may be prescribed by rules.

(4) The Chief Protection Officer shall exercise such powers and perform such functions as may be prescribed by rules.

(5) The term of office of the Chief Protection Officer shall be renewable for a period of three years:

Provided that Chief Protection Officer may resign, during the term of his office, by tendering his resignation in writing to Government:

Provided further that on the advice of the Commission, Government may on grounds of inefficiency or misconduct and in accordance with the prescribed procedure, terminate the services of the Chief Protection Officer.

6. Committees.---The Commission may constitute such committees as it deems necessary and delegate any of its powers and functions or assign duties in connection to its powers and functions as the Commission may deem necessary for giving effect to the provisions of this Act.

7. Annual progress report.---(1) The Chief Protection Officer shall prepare an annual progress report at the end of each financial year, within one month and not later than three months from the closing date of the financial year, and shall circulate it to all the members of the Commission.

(2) The report as circulated shall be considered in the coming meeting of the Commission and after approval shall be submitted to the Provincial Assembly for appraisal.

8. Assistance to the Commission.---All the executive authorities and citizens shall act in aid and assistance of the Commission in the performance of its functions.

PART-III

CHILD PROTECTION UNIT, CHILD PROTECTION OFFICERS

AND CHILD PROTECTION INSTITUTIONS

9. Child Protection Unit.---(1) There shall be a Child Protection Unit, at District level, to be established by Government, which shall work under the administrative control of the Commission.

(2) The Social Welfare Officer of the District concerned shall be the incharge of the Child Protection Unit, who shall be assisted by Child Protection Officers, to be appointed by the Commission as provided under section 11 of this Act.

(3) The Social Welfare Officer shall be assisted by such other members as may be determined by the Commission.

(4) The tenure and terms and conditions of the members shall be such, as may be prescribed by rules.

10. Functions of Child Protection Unit.---(1) The Child Protection Unit shall perform the following functions:

(a) receiving and registering children at risk and their families who are considered to be in need of protection;

(b) assessing the needs of individual children and their families according to survival and departmental priorities, shelter, food, health, education, cognitive, emotional, and evolving capacities;

(c) planning and coordinating the provision of services in cash or in kind to meet the assessed needs of children at risk and their families;

(d) periodically or quarterly reviewing the intervention plan to protect children at risk, to ensure its continuity and capacity to meet the assessed needs;

(e) introduction and use of indicators related to the child abuse and exploitation prevention aspects in the monitoring visits to families, residential institutions, services, schools etc;

(f) developing consultative community structures and preparing them to support initiatives for the prevention of abuse, neglect and exploitation through the formation of Child Protection Committees;

(g) maintaining and updating record of all its activities and transmit the same regularly to the Commission;

(h) follow-up of children at risk after their release from the Child Protection Institution or jail, as the case may be, for about six months; and

(i) provision of preventive and protective services and programmes of general interest.

(2) The Child Protection Unit shall exercise any other power and function as delegated or devolved upon it by the Commission.

11. Child Protection Officer.---(1) The Commission may, for carrying out the purposes of this Act, appoint as many Child Protection Officers for each District, on such term and conditions, as may be prescribed by rules.

(2) Subject to the provisions of this Act and of any rules made there under, a Child Protection Officer may, within the local limits for which he is appointed, and in any other area with the permission of the Commission,-

(a) inspect any Child Protection Institution or any other such establishment or building where shelter, training facilitation offered or purported to be offered to children at risk, run under governmental or non-governmental organization, the means employed for livelihood of such children, their living conditions and all relevant record etc;

(b) enter and search, with police assistance, if any, as he deems necessary, any building, premises or place, in which he has reason to believe that an offence under this Act or any rules made thereunder has been or is being committed or may continue to be committed;

(c) seize such materials and articles which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any rules made thereunder;

(d) call any person to be present as witness in the course of search in connection with any other matter under this Act where the presence of witnesses is necessary; and

(e) exercise such other powers as the Commission may delegate to it, for carrying out the purposes of this Act or any rules made there under:

Provided that the powers under clause (a) of this sub-section shall be exercisable only by a Child Protection Officer specifically authorised in this behalf, by an order in writing, by Government, subject to such conditions as may be specified in such order.

(3) The provisions of the Code shall apply to searches and seizures made under

this Act.

(4) The Child Protection Officer may, with prior authorization of Government, in writing through Gazetted notification, register First Information Report or Complaint against any person or persons who have committed any offence under this Act.

12. Establishment and recognition of Child Protection Institutions .---(1) The Commission may establish, recognize, manage, maintain and control one or more Child Protection Institutions at such place or places in the Province, as it deems fit.

(2) The Commission may authorize any person or a body of persons to inspect, check and supervise any Child Protection Institution as to whether it is functioning in accordance with the provisions of this Act and the rules made thereunder.

(3) Every Child Protection Institution shall have specialized and well-equipped separate arrangements for the reception of children at risk.

(4) The Child Protection Institution shall not only provide the children at risk with accommodation, treatment, maintenance and facility for education, but also provide him the facility for the development of his character and abilities and give him necessary training for protecting himself against moral dangers or exploitations.

(5) The Child Protection Institution shall perform such other functions as may be prescribed by rules.

(6) In case a Child Protection Institution is found acting in contravention of the provisions of this Act, the rules or the regulations, the Commission may pass such orders as it deems fit for the proper management or maintenance of such institution or its complete disbandment.

(7) No order shall be passed by the Commission under sub-section (6) of this section, unless the management thereof is provided with an opportunity of hearing.

PART-IV

CHILD PROTECTION AND

WELFARE FUND

13. Child Protection and Welfare Fund.---(1) The Commission shall establish a Fund to be known as “Child Protection and Welfare Fund”.

(2) The Fund shall consist of grant, donation, endowment and bequest received from any source by the Commission for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of children at risk.

14. Audit of the Fund.---(1) The Fund shall be kept, operated, spent and audited in such manner as may be prescribed by rules.

(2) Without prejudice to the requirement of audit by an auditor appointed by Government in accordance with the provisions of any other law for the time being in force, the annual audited statement of accounts of such fund shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) by a qualified firm of Chartered Accountants and signed by the Chairman of the Commission. The annual audited statement of accounts so prepared shall be submitted to the Provincial Accounts Committee and may also be available to general public as soon as such report is prepared.

PART-V

CHILD PROTECTION COURTS

15. C hildren Protection Court.--- (1) Government may in consultation with Peshawar High Court, Peshawar by notification in the official Gazette notify different Courts of Sessions as Child Protection Courts under this Act.

(2) The Peshawar High Court, Peshawar may confer powers of the Court for a local area upon a Sessions Judge or an Additional Sessions Judge, as appears to it to be a appropriate for the purposes of this Act.

16. Powers and Functions of the Court.---(1) The Court may issue orders in respect of handing over the custody of a child at risk that is brought before him, either to his parents, guardian, a suitable person or a Child Protection Institution, as the case may be.

(2) The Court shall, informs the child at risk of the situation and obtain his views before making an order in respect of his custody and care.

(3) The Court shall, before making an order in respect of protection and care of a child at risk, consider continuity in his upbringing and take into consideration the ethnic,

religious, cultural, linguistic background and all other relevant factors in the best interest of the child at risk.

(4) While making the orders under this Chapter, the Court shall prefer keeping the child at risk in parental care, or extended family care, or non-kinship care than placement of a child at risk in a Child Protection Institution.

(5) The Court shall monitor the status of the child at risk through reports submitted by the Child Protection Officers, any officer authorized by the Commission or through requiring the appearance of a child at risk and the person responsible for his custody and care before itself.

(6) The Court shall finally decide a case within four months from the date of production of a child at risk before it. In the event of the expiry of 60 days period before the final decision of the Court, the Court shall communicate, in writing, to the concerned District Judge, the reasons, if any, of the delay.

(7) Appeal against the orders of the Court shall lie to the High Court within thirty days of the judgment.

(8) The High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any Court of Session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit, provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

17. False, frivolous or vexatious information.---(1) If information in respect of a child at risk has been laid before a Court by any person and the Court after such inquiry as it deems necessary, is of the opinion that such information is false, frivolous or vexatious, the Court may, for reasons to be recorded in writing, direct that compensation, not exceeding one hundred thousand rupees, be paid by such informer to the aggrieved person against whom the information was laid.

(2) Before making any order for payment of compensation, the Court shall call upon the informer to show-cause why he should not pay compensation.

(3) The Court may, by its order directing payment of compensation, further order that in case of default, the person held liable for compensation shall suffer simple imprisonment for a term not exceeding one year.

(4) When an order for payment of compensation is made under sub-section (1), the compensation shall not be paid before the expiry of one month in order to allow sufficient time to appeal against such order.

18. Transfer of cases in the interest of justice .---Whenever it appears to the Court while dealing with a matter under this Act that:

(a) a fair and impartial trial cannot be held by it or holding trial will cause inconvenience to the parties or witnesses; or

(b) trial by some other Court or at some other place is expedient for the ends of justice and is in the best interest of child, the Court shall report the matter to the concerned High Court or the District Judge, as the case may be, for transfer of the case to another

Court after hearing the parties.

PART-VI

RESCUE, CARE, PROTECTION AND

REHABILITATION OF CHILDREN AT RISK

19. Initiation of proceedings.---(1) Proceedings under this part of the Act can only be initiated in respect of a child at risk who has not attained the age of eighteen years notwithstanding that during the course of such proceedings he may have attained the age of eighteen years.

(2) In case of any dispute as to the age of a child at risk, the Court shall decide the same in the first instance based on the medical report of the Medical Superintendent of the district concerned whose advice about the age of the child at risk shall be final for the purposes of this Act.

20. Rescue of child at risk .---Subject to section 19, a Child Protection Officer upon information or complaint, may take into protection a child at risk and shall produce him before the Court within twenty-four hours of taking the child at risk into such protection:

Provided that where a child at risk is in the protection of his parent or guardian, the officer shall not take him into protection but shall in the first instance, make a report to the Court:

Provided further that the first proviso shall not be applicable in case of a child at risk, who is found begging or he is a victim of an offence alleged to have been committed by his parents or guardian.

21. Court may directs production of child at risk by parents or guardian .---(1) The Court to which a report is made under the first proviso to section 20, may call upon such parent or guardian to produce the child at risk before it and show cause as to why the child at risk should not, during the pendency of the proceedings, be removed from his protection and may order that the child at risk to be admitted in a Child Protection Institution, or on suitable surety being offered for the safety of child at risk and for his being brought before it, permit the child at risk to remain in the protection of his parents or guardian.

(2) Where it appears to the Court that the child at risk is likely to be removed from the jurisdiction of the Court or is concealed, it may issue a search warrant for the production of the child at risk, and order his immediate admission to a Child Protection Institution.

22. Examination of person producing or reporting.---(1) The Court before which a child at risk is brought under section 20 or is produced under section 27, shall examine on oath the person who has brought the child at risk or made the report and record the substance of such examination and may order the admission of the child at risk to a Child Protection Institution pending any further inquiry, if any.

(2) On the date fixed for the production of the child at risk for the inquiry or on any subsequent date to which the proceedings may be adjourned, the Court shall hear and record substance of evidence which may be adduced and consider any cause which may be shown rendering admission of a child at risk necessary to Child Protection Institute.

23. Reports to be treated as confidential.---Any reports pertaining to the child at risk shall be treated as confidential from the initiation of proceeding up to disposal of case but the substance of that report shall be open to the child at risk, his parents, guardian or extended family member or other parties concerned.

24. Prohibition of publication of names, etc., of child at risk involved in any proceeding under this Act.---(1) No report in any newspaper, magazine or news sheet of any assessment regarding a child at risk under this Act shall disclose the name, address or school or any other particulars, which lead to the identification of the child at risk nor shall any picture of the child at risk be published:

Provided that for reasons to be recorded in writing, the authority holding the assessment may permit such disclosure, if in its opinion such disclosure is in the interest of the child at risk.

(2) Any person contravening the provisions of sub-section (1) shall be punished with fine which may extend to ten thousand rupees.

25. Entrustment of protection of a child at risk.---(1) If the Court is satisfied that the child at risk brought before it, is in need of protection and that it is expedient to deal with him, the Court may order that he be admitted to a Child Protection Institution or his protection be entrusted to a suitable person, who is able and willing to look after the

child at risk, until such child at risk attains the age of eighteen years, or in exceptional cases for a shorter period.

(2) The Court which makes an order for entrusting a child at risk in the custody of a suitable person may, when making such an order, require such person to execute a bond with or without sureties and an undertaking that makes him liable for the protection, of the child at risk and for the observance of such other conditions as the Court may impose for ensuring the welfare of the child at risk.

(3) The Court that makes an order for entrusting a child at risk to a suitable person may order him for submission of periodical reports of welfare of the child at risk to the Court through Child Protection Officer.

(4) The Court may from time to time during the protective care of a child at risk, compel the production of child at risk in the Court to satisfy itself that the conditions of such protection are being carried out.

(5) If at any time it appears to the Court from information received from any source that there has been a breach of any condition contained in the bond, it may, after making such inquiry as it deems fit, order the child at risk to be admitted into a Child Protection Institution or be entrusted to the protective care of any other suitable person.

26. Sending of child at risk having place of residence outside jurisdiction .---(1) In the case of a child at risk whose ordinary place of residence is not within the jurisdiction of Court, the Court may direct that the child at risk be kept in such protective care and be produced before a Court having territorial jurisdiction over the place of residence of the child at risk or to deal with his protective care in any other manner provided in this Act.

(2) Where a child at risk is produced before a Court on the direction of any other Court given under the foregoing provision of this section, such Court may regulate the protection of the child at risk as if the child at risk has been produced before it in terms of section 19 of this Act.

27. Warrant to search for a child at risk .---(1) If it appear to a Court from information received on oath or solemn affirmation laid by any person who, in the opinion of the Court, is acting in the interest of the child at risk that there are reasons to believe that a child at risk needs immediate protection, the Court may issue warrant for the production of the child at risk before it.

(2) The officer executing the warrant shall be accompanied by the person laying the information, if such person so desires and may also, if the Court, by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner or the police or both.

(3) If any child at risk is brought before the Court and the Court is satisfied that the child at risk is in need of protection, it may deal with his protective care in accordance with the provisions of this Act.

28. Period of protective care .---Subject to any order of the Court or any direction of the Commission, a child at risk ordered to be admitted to a Child Protection Institution shall be kept in the Child Protection Institution till he attains the age of eighteen years.

29. Contribution of parents . ---(1) Where an order has been made for the admission of a child at risk into a Child Protection Institution or giving the protection of the child at risk to a suitable person, the Court may direct a parent, in a suitable case, to pay maintenance of the child at risk at such rates as may be determined by the Court:

Provided that while passing any such order, the Court shall take into consideration the capacity of the parents to pay maintenance.

(2) In case of non-compliance of direction for the payment of maintenance issued under sub-section (1), the Court may recover the amount from the parent as arrears of land revenue.

30. Protection of child against child marriage .---Protection against child marriage and discriminatory customary practices shall be provided in accordance with federal laws in vogue on the subjects.

PART-VII

SENTENCING OF CHILD

31. Sentencing in respect of a child above the age of twelve and below the age of fifteen .---(1) A child above the age of twelve and below the age of fifteen, when convicted may be:

(i) ordered to perform a community service, through probation officer, if the offender is above the age of fourteen, up to the half of the imprisonment prescribed for the offence; or

(ii) fined:

Provided that there shall be no imprisonment in default of the payment of the fine:

Provided further, the Juvenile Court may combine the sentences.

(2) The Court may order that the fine may be paid from the Fund if it is satisfied that the child is destitute, without parental care and his parents or lawful guardians are incapable of making payment on his behalf.

32. Sentencing in respect of a child above the age of fifteen and below the age of eighteen .---A child above the age of fifteen and below the age of eighteen when convicted shall be treated in accordance with the provisions of Juvenile Justice System Ordinance, 2000 (Ord. No. XXII of 2000); provided that the Court may order the community service up to the imprisonment period prescribed for the offence.

PART-VIII

OFFENCES AND PENALTIES

33. Abolishment of corporal punishment .---Corporal punishment stands abolished in all its kinds and manifestations and its practice in any form is prohibited as provided under section 89 of the Pakistan Penal Code, 1860 (Act No. XLV of 1860).

34. Punishment for corporal punishment .---Whosoever causes or permits to cause corporal punishment, through omission or commission, in any form, under any circumstances or for any purpose, to a child, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees, or with both.

35. Fraud or deceit on a child.---Whosoever, by words, spoken or written, or by signs or otherwise, incites, attempts to incite, deceits or allows a child to engage in any activity which is harmful for the physical, mental, emotional, economic and social well being of a child shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one hundred thousand rupees or both.

36. Violence against a child .---Whosoever, commits an act which cause or intend to cause, harm, pain, suffering or humiliation to a child, destroys, defiles or diminishes the value of any property belonging to him, is said to have committed an offence of violence.

37. Punishment for violence .---Whosoever, commits violence against a child shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to one hundred thousand rupees; provided that if the offence is committed by a group of more than two persons, the term of imprisonment which may extend to ten years each with a fine which may extend to one hundred thousand rupees each.

38. Harmful practices .---Whosoever, coerces or induces any child to indulge in or to undertake any activity or vocation for the purposes of complying with a tradition or a custom, which is or might be dangerous, harmful, hazardous or otherwise improper for any child, shall be guilty of the offence of harmful practice.

39. Punishment for harmful and abusive practices .---Whosoever commits the offence of harmful practice shall be punished with imprisonment for a term which may extend to three years or fine which may extend to one hundred thousand rupees or both.

40. Dealing in organs of a child .---(1) Whosoever illegally sells, purchases, delivers, transports, imports, exports, keeps or deals in any manner whatsoever in organs of a child, directly or indirectly, with or without consideration, or aids or abets in the commission or omission of the above, shall be guilty of an offence.

(2) Notwithstanding anything contained in sub-section (1) of this section an act of implantation or transplantation of organs or tissues from the body of a living child, if authorized by qualified medical experts and conducted under their supervision in accordance with the standards of medical profession in the best interest of the child, shall not constitute an offence.

41. Punishment for dealing in organs of a child .---Whosoever, commits the offence of dealing in organs of a child may be punished with sentence of death or imprisonment for life and shall also be liable to fine which may extend to one million rupees.

42. Unauthorized custody .---Whosoever takes a child at risk, into his custody in contravention of the provisions of this Act, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both.

43. Punishment for attempting to commit an offence .---Whosoever attempts to commit an offence punishable under this Act or to cause such an offence to be committed, shall be punished with the punishment provided for that offence.

44. Cruelty to a child .---Whoever, not being a parent, having the actual charge of or control over a child, willfully assaults, ill-treats, neglects, abandons or exposes him to be assaulted physically, or negligently fails to provide adequate food, clothes or medical aid, or behaving with the child in a manner likely to cause such child unnecessary mental and physical suffering, shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees:

Provided that where some reasonable punishment, not corporal punishment, in good faith is administered to a child by the person having lawful control or protective care of the child as parents normally would do for the betterment of the child, it shall not be deemed to be an offence under this section.

45. Employing child for begging .---Whoever employs any child for the purpose of begging or causes any child to beg or whoever having the protective care of a child connives at or encourages his employment for the purpose of begging, shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees.

46. Giving intoxicating liquor or narcotics drug to child .---Whoever gives or causes to be given to any child any intoxicant or narcotic drug, except upon the prescription of a duly qualified medical practitioner, shall be punished with rigorous imprisonment of either description for a term which may extend to four years and shall also be liable to a fine which may extend to fifty thousand rupees.

47. Permitting child to enter places where liquor or narcotic drugs are sold .---Whoever, with mala fide intentions-

(i) takes a child to any place where an intoxicant is served or consumed; or

(ii) being the proprietor, owner or a person in charge of such place, permits a child to enter such place; or

(iii) causes or procures a child to go to such place;

shall be punished with rigorous imprisonment of either description for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees.

48. Punishment for child pornography .---Whoever commits an offence of child pornography shall be punished with rigorous imprisonment of either description for a term which may not be less than three years and may extend to seven years and also liable to fine which may not be less than two hundred thousand rupees and may extend to five hundred thousand rupees.

49. Inciting child to bet or borrow .---Whoever, by words, spoken or written, or by sign, or otherwise, incites or attempts to incite a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering, shall be punished with rigorous imprisonment for a term which may extend to six months and shall also be liable to a fine which may extend to fifty thousand rupees.

50. Exposure to seduction .---Whoever seduces a child by any means whatsoever with an intent to involve him in any sexual activity or exposes him to obscene and sexually explicit material, document, a film, video or a computer generated imagine or attempts to do the aforementioned action, shall be punished with rigorous imprisonment of either

description for a term which may extend to seven years or liable to fine which may extend to ten hundred thousand rupees, or with both

51. Abetting escape of child .---Whoever-

(a) knowingly assists or induces, directly or indirectly, a child admitted to a Child Protection Institution, to escape from the institution; or

(b) knowingly harbors, conceals, connives with, assists or prevents a child from returning to a Child Protection Institution or to any person to whom the protection of the child was entrusted by the Court;

shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to fifty thousand rupees.

52. Child trafficking.---Whoever involves himself in child trafficking within Pakistan shall be punished with imprisonment for life or which shall not be less than fourteen years and shall also be liable to fine which shall not be less than five hundred thousand rupees and may extend to ten hundred thousand rupees.

53. Sexual abuse.---Whoever commits an offence of sexual abuse shall be punished with imprisonment for a term which may extend to fourteen years and shall not be less than seven years and shall also be liable to fine which shall not be less than ten hundred thousand rupees.

54. Offences under this part cognizable, non-bailable and non-compoundable .---(1) All offences

under this chapter shall be cognizable, arrests may be made without warrant, shall be non-bailable and non-compoundable.

(2) Nothing contained in this chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence punishable under this Chapter and carries harsher punishment under that law.

(3) Whoever having been convicted of an offence under this chapter is convicted for a subsequent offence under the same section or sections shall be punished with rigorous imprisonment which shall not be less than the maximum punishment prescribed for that offence or twice the numbers of years of imprisonment and also fine which shall be twice the amount of fine provided for that offence in this chapter, whichever applicable.

55. Punishment for actions in contravention of this Act.---Whoever contravenes the provisions of this Act including any person acting under this Act or any person and institution dealing with the custody and other matters related to a child at risk shall be punished with imprisonment of either description for a term which may extend to three years or liable to fine which may extend to fifty thousand rupees or with both.

PART-IX

MISCELLANEOUS

56. Discharge of a child at risk, from a Child Protection Institution or from the care of any person to whose care he was entrusted .---(1) The Commission may at any time order a child at risk to be discharged from a Child Protection Institution, either absolutely or on such conditions as the Commission deems appropriate.

(2) The Court may, at any stage, on application or otherwise, discharge a child at risk from a Child Protection Institution or suitable person, as the case may be, either absolutely or on such conditions as the Court deems appropriate.

57. Transfer between Child Protection Institutions of like nature in different parts of Pakistan .---(1) Subject to orders of Court, the Commission may, in consultation with the manager of a Child Protection Institution, transfer the custody of the child at risk from one Child Protection Institution to any other Child Protection Institution in any part of the Province.

(2) A child at risk shall normally be kept in a Child Protection Institution that is at or nearest to his place of domicile.

(3) The Court having jurisdiction over the local area of the Province where a child at risk is being kept may exercise all the powers of the Court under this Act or the rules made there under.

(4) Government may in consultation with the concerned Court direct any child at risk to be transferred from any Child Protection Institution in the Province to any Child Protection Institution of like nature in any other Province of Pakistan in respect of which Government of that Province has made provisions similar to this Act under any law for the time being in force:

Provided that no child at risk shall be so transferred without the consent of Provincial Government of that other Province.

58. International obligations .---Notwithstanding anything contained in this Act, the international obligations of Federal Government arising out of bilateral or multilateral agreements including treaties, with reference to child rights, liberty, care, maintenance, education, guardianship etc. by the Federal Government shall continue to be valid, binding and operative provided that anything repugnant to the

Constitution of the Islamic Republic of Pakistan, 1973 shall not be binding and enforceable under this Act.

59. Officers to be public servants .---The officers appointed or authorized under this Act shall be deemed to be public servants within the meaning of section

21 of the Pakistan Penal Code (Act XLV of 1860).

60. Protection of action taken under this Act .---No suit, prosecution or other legal proceeding shall be instituted against any person, acting or purporting to act in good faith for the welfare of a child at risk under this Act, rules or regulations made there under.

61. Act to over-ride other laws .---Provisions of this Act shall have an over-riding effect, notwithstanding anything contained in any other law for the time being in force, with the exception of any section or sections of any other law for the time being in force, which may be more protective in case of a child at risk.

62. Power to make rules and regulations .---(1) Government may, by notification in the official Gazette, make rules, as may deem necessary, for carrying out the purposes of this Act.

(2) Commission may, by notification in the official Gazette, make regulations for carrying out the purposes of this Act.

63. Repeal.---(1) The West-Pakistan Vagrancy Ordinance, 1958 (Ord. No. XX of 1958) and the North-West Frontier Province Orphanages (Supervision and Control) Act, 1976 (Act No. XIV of 1976) are hereby repealed.

(2) Notwithstanding the repeal of the aforesaid laws, the repeal shall not affect or deemed to have affect anything done, action taken, investigation or proceeding commenced, order, rules, regulation, appointment, convenience, mortgage, deed, document or agreement made, direction given, proceeding taken or instrument executed or issued and any such thing, action, investigation, proceedings, order, rule, regulation, appointment, convenience mortgage, deed, document, agreement, direction or instrument shall if in force at the commencement of this Act and not inconsistent with any of the provision of this Act, continue to be in force, and have effect as if it were respectively done, taken, commenced, made, directed, passed, given, executed or issue under this as may deem necessary, for carrying out the purposes of this Act.

64. Limitations .---Notwithstanding anything contained in any other law for the time being in force no government agency, department or institution shall

undertake any social or welfare service or services provided under this Act without prior approval of the Commission.

65. Complaint against Commission .---Commission shall be answerable to the Chief Executive Authority of the Province in case of any complaint submitted by any person, organization, both government or non-governmental, against the Commission, in writing with full identity and address of the complainant, and after conducting inquiring through independent inquiry committee, appointed for the purpose by the Chief Executive Authority.

Provided that no action shall be taken by the Chief Executive Authority of the Province against Commission or any member of the Commission after conducting inquiry until a fair chance of hearing may not be given to the concerned.

66. Removal of difficulties .---(1) If any question arises as to the interpretation of any of the provisions of this Act, it shall be placed before the Governor whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Act, the Governor of the Khyber Pakhtunkhwa may make such order after obtaining the views of the Commission not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty.

(3) Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by whom, or the time at which, or the manner in which it shall be done, then it shall be done by such authority, at such time, or in such manner as the Governor may direct after obtaining the views of the Commission.

67. Repeal of Ordinance NO. II of 2010.—The Khyber Pakhtunkhwa Child Protection and Welfare Ordinance, 2010 (Khyber Pakhtunkhwa Ordinance No. II of 2010) is hereby repealed.

Laws

No comments:

Post a Comment