The Convention
on the Rights of the Child
(儿童权利公约)
The Convention on the Rights of the Child was adopted
and opened for signature, ratification and accession by General Assembly
resolution 44/25 of 20 November 1989. It entered into force 2 September 1990, in
accordance with article 49.
Status of ratifications 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 reestablishing 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;
(c) Encourage the production and dissemination of
children's books;
(d) Encourage the mass media to have particular
regard to the linguistic needs of the child who belongs to a minority group or
who is indigenous;
(e) Encourage the development of appropriate
guidelines for the protection of the child from information and material
injurious to his or her well-being, bearing in mind the provisions of articles
13 and 18.
Article 18 1. States Parties shall use their best
efforts to ensure recognition of the principle that both parents have common
responsibilities for the upbringing and development of the child. Parents or, as
the case may be, legal guardians, have the primary responsibility for the
upbringing and development of the child. The best interests of the child will be
their basic concern.
2. For the purpose of guaranteeing and promoting the
rights set forth in the present Convention, States Parties shall render
appropriate assistance to parents and legal guardians in the performance of
their child-rearing responsibilities and shall ensure the development of
institutions, facilities and services for the care of children.
3. States Parties shall take all appropriate measures
to ensure that children of working parents have the right to benefit from
child-care services and facilities for which they are eligible.
Article 19 1. States Parties shall take all
appropriate legislative, administrative, social and educational measures to
protect the child from all forms of physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual abuse, while in the care of parent(s), legal guardian(s) or any other
person who has the care of the child.
2. Such protective measures should, as appropriate,
include effective procedures for the establishment of social programmes to
provide necessary support for the child and for those who have the care of the
child, as well as for other forms of prevention and for identification,
reporting, referral, investigation, treatment and follow-up of instances of
child maltreatment described heretofore, and, as appropriate, for judicial
involvement.
Article 20 1. A child temporarily or permanently
deprived of his or her family environment, or in whose own best interests cannot
be allowed to remain in that environment, shall be entitled to special
protection and assistance provided by the State.
2. States Parties shall in accordance with their
national laws ensure alternative care for such a child.
3. Such care could include, inter alia, foster
placement, kafalah of Islamic law, adoption or if necessary placement in
suitable institutions for the care of children. When considering solutions, due
regard shall be paid to the desirability of continuity in a child's upbringing
and to the child's ethnic, religious, cultural and linguistic background.
Article 21 States Parties that recognize and/or permit
the system of adoption shall ensure that the best interests of the child shall
be the paramount consideration and they shall:
(a) Ensure that the adoption of a child is authorized
only by competent authorities who determine, in accordance with applicable law
and procedures and on the basis of all pertinent and reliable information, that
the adoption is permissible in view of the child's status concerning parents,
relatives and legal guardians and that, if required, the persons concerned have
given their informed consent to the adoption on the basis of such counselling as
may be necessary;
(b) Recognize that inter-country adoption may be
considered as an alternative means of child's care, if the child cannot be
placed in a foster or an adoptive family or cannot in any suitable manner be
cared for in the child's country of origin; (c) Ensure that the child concerned
by inter-country adoption enjoys safeguards and standards equivalent to those
existing in the case of national adoption;
(d) Take all appropriate measures to ensure that, in
inter-country adoption, the placement does not result in improper financial gain
for those involved in it;
(e) Promote, where appropriate, the objectives of the
present article by concluding bilateral or multilateral arrangements or
agreements and endeavour, within this framework, to ensure that the placement of
the child in another country is carried out by competent authorities or organs.
Article 22 1. States Parties shall take appropriate
measures to ensure that a child who is seeking refugee status or who is
considered a refugee in accordance with applicable international or domestic law
and procedures shall, whether unaccompanied or accompanied by his or her parents
or by any other person, receive appropriate protection and humanitarian
assistance in the enjoyment of applicable rights set forth in the present
Convention and in other international human rights or humanitarian instruments
to which the said States are Parties.
2. For this purpose, States Parties shall provide, as
they consider appropriate, co-operation in any efforts by the United Nations and
other competent intergovernmental organizations or non-governmental
organizations co-operating with the United Nations to protect and assist such a
child and to trace the parents or other members of the family of any refugee
child in order to obtain information necessary for reunification with his or her
family. In cases where no parents or other members of the family can be found,
the child shall be accorded the same protection as any other child permanently
or temporarily deprived of his or her family environment for any reason, as set
forth in the present Convention.
Article 23 1. States Parties recognize that a mentally
or physically disabled child should enjoy a full and decent life, in conditions
which ensure dignity, promote self-reliance and facilitate the child's active
participation in the community.
2. States Parties recognize the
right of the disabled child to special care and shall encourage and ensure the
extension, subject to available resources, to the eligible child and those
responsible for his or her care, of assistance for which application is made and
which is appropriate to the child's condition and to the circumstances of the
parents or others caring for the child.
3. Recognizing the special needs of a disabled child, assistance
extended in accordance with paragraph 2 of the present article shall be provided
free of charge, whenever possible, taking into account the financial resources
of the parents or others caring for the child and shall be designed to ensure
that the disabled child has effective access to and receives education,
training, health care services, rehabilitation services, preparation for
employment and recreation opportunities in a manner conducive to the child's
achieving the fullest possible social integration and individual development,
including his or her cultural and spiritual development
4. States Parties shall promote, in the spirit of
international cooperation, the exchange of appropriate information in the field
of preventive health care and of medical, psychological and functional treatment
of disabled children, including dissemination of and access to information
concerning methods of rehabilitation, education and vocational services, with
the aim of enabling States Parties to improve their capabilities and skills and
to widen their experience in these areas. In this regard, particular account
shall be taken of the needs of developing countries.
Article 24 1. States Parties recognize the right of
the child to the enjoyment of the highest attainable standard of health and to
facilities for the treatment of illness and rehabilitation of health. States
Parties shall strive to ensure that no child is deprived of his or her right of
access to such health care services.
2. States Parties shall pursue full implementation of
this right and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical
assistance and health care to all children with emphasis on the development of
primary health care;
(c) To combat disease and malnutrition, including
within the framework of primary health care, through, inter alia, the
application of readily available technology and through the provision of
adequate nutritious foods and clean drinking-water, taking into consideration
the dangers and risks of environmental pollution;
(d) To ensure appropriate pre-natal and post-natal
health care for mothers;
(e) To ensure that all segments of society, in
particular parents and children, are informed, have access to education and are
supported in the use of basic knowledge of child health and nutrition, the
advantages of breastfeeding, hygiene and environmental sanitation and the
prevention of accidents;
(f) To develop preventive health care, guidance for
parents and family planning education and services.
3. States Parties shall take all effective and
appropriate measures with a view to abolishing traditional practices prejudicial
to the health of children.
4. States Parties undertake to promote and encourage
international co-operation with a view to achieving progressively the full
realization of the right recognized in the present article. In this regard,
particular account shall be taken of the needs of developing countries.
Article 25 States Parties recognize the right of a
child who has been placed by the competent authorities for the purposes of care,
protection or treatment of his or her physical or mental health, to a periodic
review of the treatment provided to the child and all other circumstances
relevant to his or her placement.
Article 26 1. States Parties shall recognize for every
child the right to benefit from social security, including social insurance and
shall take the necessary measures to achieve the full realization of this right
in accordance with their national law.
2. The benefits should, where appropriate, be
granted, taking into account the resources and the circumstances of the child
and persons having responsibility for the maintenance of the child, as well as
any other consideration relevant to an application for benefits made by or on
behalf of the child.
Article 27 1. States Parties recognize the right of
every child to a standard of living adequate for the child's physical, mental,
spiritual, moral and social development.
2. The parent(s) or others responsible for the child
have the primary responsibility to secure, within their abilities and financial
capacities, the conditions of living necessary for the child's development.
3. States Parties, in accordance with national
conditions and within their means, shall take appropriate measures to assist
parents and others responsible for the child to implement this right and shall
in case of need provide material assistance and support programmes, particularly
with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures
to secure the recovery of maintenance for the child from the parents or other
persons having financial responsibility for the child, both within the State
Party and from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that of the child,
States Parties shall promote the accession to international agreements or the
conclusion of such agreements, as well as the making of other appropriate
arrangements.
Article 28 1. States Parties recognize the right of
the child to education and with a view to achieving this right progressively and
on the basis of equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available
free to all;
(b) Encourage the development of different forms of
secondary education, including general and vocational education, make them
available and accessible to every child and take appropriate measures such as
the introduction of free education and offering financial assistance in case of
need;
(c) Make higher education accessible to all on the
basis of capacity by every appropriate means;
(d) Make educational and vocational information and
guidance available and accessible to all children;
(e) Take measures to encourage regular attendance at
schools and the reduction of drop-out rates.
2. States Parties shall take all appropriate measures
to ensure that school discipline is administered in a manner consistent with the
child's human dignity and in conformity with the present Convention.
3. States Parties shall promote and encourage
international cooperation in matters relating to education, in particular with a
view to contributing to the elimination of ignorance and illiteracy throughout
the world and facilitating access to scientific and technical knowledge and
modern teaching methods. In this regard, particular account shall be taken of
the needs of developing countries.
Article 29 1. States Parties agree that the education
of the child shall be directed to:
(a) The development of the child's personality,
talents and mental and physical abilities to their fullest potential;
(b) The development of respect for human rights and
fundamental freedoms, and for the principles enshrined in the Charter of the
United Nations;
(c) The development of respect for the child's
parents, his or her own cultural identity, language and values, for the national
values of the country in which the child is living, the country from which he or
she may originate, and for civilizations different from his or her own;
(d) The preparation of the child for responsible life
in a free society, in the spirit of understanding, peace, tolerance, equality of
sexes, and friendship among all peoples, ethnic, national and religious groups
and persons of indigenous origin;
(e) The development of respect for the natural
environment.
2. No part of the present article or article 28 shall
be construed so as to interfere with the liberty of individuals and bodies to
establish and direct educational institutions, subject always to the observance
of the principle set forth in paragraph 1 of the present article and to the
requirements that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.
Article 30 In those States in which ethnic, religious
or linguistic minorities or persons of indigenous origin exist, a child
belonging to such a minority or who is indigenous shall not be denied the right,
in community with other members of his or her group, to enjoy his or her own
culture, to profess and practise his or her own religion, or to use his or her
own language.
Article 31 1. States Parties recognize the right of
the child to rest and leisure, to engage in play and recreational activities
appropriate to the age of the child and to participate freely in cultural life
and the arts.
2. States Parties shall respect and promote the right
of the child to participate fully in cultural and artistic life and shall
encourage the provision of appropriate and equal opportunities for cultural,
artistic, recreational and leisure activity.
Article 32 1. States Parties recognize the right of
the child to be protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the child's education,
or to be harmful to the child's health or physical, mental, spiritual, moral or
social development.
2. States Parties shall take legislative,
administrative, social and educational measures to ensure the implementation of
the present article. To this end and having regard to the relevant provisions of
other international instruments, States Parties shall in particular: (a) Provide
for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours
and conditions of employment;
(c) Provide for appropriate penalties or other
sanctions to ensure the effective enforcement of the present article.
Article 33 States Parties shall take all appropriate
measures, including legislative, administrative, social and educational
measures, to protect children from the illicit use of narcotic drugs and
psychotropic substances as defined in the relevant international treaties and to
prevent the use of children in the illicit production and trafficking of such
substances.
Article 34 States Parties undertake to protect the
child from all forms of sexual exploitation and sexual abuse. For these
purposes, States Parties shall in particular take all appropriate national,
bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage
in any unlawful sexual activity;
(b) The exploitative use of children in prostitution
or other unlawful sexual practices;
(c) The exploitative use of children in pornographic
performances and materials.
Article 35 States Parties shall take all appropriate
national, bilateral and multilateral measures to prevent the abduction of, the
sale of or traffic in children for any purpose or in any form.
Article 36 States Parties shall protect the child
against all other forms of exploitation prejudicial to any aspects of the
child's welfare.
Article 37States 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 431. 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.
[1] [2] [3] [4] [5] [6]
