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Convention on the Rights of the Child
U.N. General Assembly
Document A/RES/44/25 (12 December 1989)
with Annex
The General Assembly,
Recalling its previous resolutions, especially resolutions 33/166
of 20 December 1978 and 43/112 of 8 December 1988, and those of
the Commission on Human Rights and the Economic and Social Council
related to the question of a convention on the rights of the child,
Taking note, in particular, of Commission on Human Rights resolution
1989/57 of 8 March 1989, by which the Commission decided to transmit
the draft convention on the rights of the child, through the Economic
and Social Council, to the General Assembly, and Economic and
Social Council resolution 1989/79 of 24 May 1989,
Reaffirming that children's rights require special protection
and call for continuous improvement of the situation of children
all over the world, as well as for their development and education
in conditions of peace and security,
Profoundly concerned that the situation of children in many
parts of the world remains critical as a result of inadequate
social conditions, natural disasters, armed conflicts, exploitation,
illiteracy, hunger and disability, and convinced that urgent and
effective national and international action is called for,
Mindful of the important role of the United Nations Children's
Fund and of that of the United Nations in promoting the well-being
of children and their development,
Convinced that an international convention on the rights of
the child, as a standard-setting accomplishment of the United
Nations in the field of human rights, would make a positive contribution
to protecting children's rights and ensuring their well-being,
Bearing in mind that 1989 marks the thirtieth anniversary of
the Declaration of the Rights of the Child and the tenth anniversary
of the International Year of the Child,
- 1. Expresses its appreciation to the Commission on Human Rights
for having concluded the elaboration of the draft convention
on the rights of the child;
- 2. Adopts and opens for signature, ratification and accession
the Convention on the Rights of the Child contained in the annex
to the present resolution;
- 3. Calls upon all Member States to consider signing and ratifying
or acceding to the Convention as a matter of priority and expresses
the hope that it will come into force at an early date;
- 4. Requests the Secretary-General to provide all the facilities
and assistance necessary for dissemination of information on
the Convention;
- 5. Invites United Nations agencies and organizations, as well
as intergoverrunental and non-governmental organizations, to
intensify their efforts with a view to disseminating information
on the Convention and to promoting its understanding;
- 6. Requests the Secretary-General to submit to the General
Assembly at its forty-fifth session a report on the status of
the Convention on the Rights of the Child;
- 7. Decides to consider the report of the Secretary-General
at its forty-fifth session under an item entitled "Implementation
of the Convention on the Rights of the Child".
61st plenary meeting
20 November 1989
Convention on the Rights of the Child
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:
For the purposes of the present Convention, a child means every
human being below the age of eighteen years unless, under the law
applicable to the child, majority is attained earlier.
1. States Parties shall respect and ensure the
rights set forth in the present Convention to each child within
their jurisdiction without discrimination of any kind, irrespective
of the child's or his or her parent's or legal guardian's race,
colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate
measures to ensure that the child is protected against all forms
of discrimination or punishment on the basis of the status, activities,
expressed opinions, or beliefs of the child's parents, legal guardians,
or family members.
1. In all actions concerning children, whether
undertaken by public or private social welfare institutions, courts
of law, administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the
child such protection and care as is necessary for his or her
well-being, taking into account the rights and duties of his or
her parents, legal guardians, or other individuals legally responsible
for him or her, and, to this end, shall take all appropriate legislative
and administrative measures.
3. States Parties shall ensure that the
institutions, services and facilities responsible for the care
or protection of children shall conform with the standards established
by competent authorities, particularly in the areas of safety,
health, in the number and suitability of their staff, as well
as competent supervision.
States Parties shall undertake all appropriate legislative, administrative,
and other measures for the implementation of the rights recognized
in the present Convention. With regard to economic, social and cultural
rights, States Parties shall undertake such measures to the maximum
extent of their available resources and, where needed, within the
framework of international co-operation.
States Parties shall respect the responsibilities, rights and duties
of parents or, where applicable, the members of the extended family
or community as provided for by local custom, legal guardians or
other persons legally responsible for the child, to provide, in
a manner consistent with the evolving capacities of the child, appropriate
direction and guidance in the exercise by the child of the rights
recognized in the present Convention.
1. States Parties recognize that every child
has the inherent right to life.
2. States Parties shall ensure to the maximum
extent possible the survival and development of the child.
1. The child shall be registered immediately
after birth and shall have the right from birth to a name, the right
to acquire a nationality and, as far as possible, the right to know
and be cared for by his or her parents.
2. States Parties shall ensure the implementation
of these rights in accordance with their national law and their
obligations under the relevant international instruments in this
field, in particular where the child would otherwise be stateless.
1. States Parties undertake to respect the right
of the child to preserve his or her identity, including nationality,
name and family relations as recognized by law without unlawful
interference.
2. Where a child is illegally deprived of
some or all of the elements of his or her identity, States Parties
shall provide appropriate assistance and protection, with a view
to speedily re-establishing his or her identity.
1. States Parties shall ensure that a child
shall not be separated from his or her parents against their will,
except when competent authorities subject to judicial review determine,
in accordance with applicable law and procedures, that such separation
is necessary for the best interests of the child. Such determination
may be necessary in a particular case such as one involving abuse
or neglect of the child by the parents, or one where the parents
are living separately and a decision must be made as to the child's
place of residence.
2. In any proceedings pursuant to paragraph
1 of the present article, all interested parties shall be
given an opportunity to participate in the proceedings and make
their views known.
3. States Parties shall respect the right
of the child who is separated from one or both parents to maintain
personal relations and direct contact with both parents on a regular
basis, except if it is contrary to the child's best interests.
4. Where such separation results from any
action initiated by a State Party, such as the detention, imprisonment,
exile, deportation or death (including death arising from any
cause while the person is in the custody of the State) of one
or both parents or of the child, that State Party shall, upon
request, provide the parents, the child or, if appropriate, another
member of the family with the essential information concerning
the whereabouts of the absent member(s) of the family unless the
provision of the information would be detrimental to the well-being
of the child. States Parties shall further ensure that the submission
of such a request shall of itself entail no adverse consequences
for the person(s) concerned.
1. In accordance with the obligation of States
Parties under article 9, paragraph 1, applications
by a child or his or her parents to enter or leave a State Party
for the purpose of family reunification shall be dealt with by States
Parties in a positive, humane and expeditious manner. States Parties
shall further ensure that the submission of such a request shall
entail no adverse consequences for the applicants and for the members
of their family.
2. A child whose parents reside in different
States shall have the right to maintain on a regular basis, save
in exceptional circumstances personal relations and direct contacts
with both parents. Towards that end and in accordance with the
obligation of States Parties under article 9,
paragraph 2, States Parties shall respect the right of the
child and his or her parents to leave any country, including their
own, and to enter their own country. The right to leave any country
shall be subject only to such restrictions as are prescribed by
law and which are necessary to protect the national security,
public order (ordre public), public health or morals or the rights
and freedoms of others and are consistent with the other rights
recognized in the present Convention.
1. States Parties shall take measures to combat
the illicit transfer and non-return of children abroad.
2. To this end, States Parties shall promote
the conclusion of bilateral or multilateral agreements or accession
to existing agreements.
1. States Parties shall assure to the child
who is capable of forming his or her own views the right to express
those views freely in all matters affecting the child, the views
of the child being given due weight in accordance with the age and
maturity of the child. 2. For this purpose,
the child shall in particular be provided the opportunity to be
heard in any judicial and administrative proceedings affecting the
child, either directly, or through a representative or an appropriate
body, in a manner consistent with the procedural rules of national
law.
1. The child shall have the right to freedom
of expression; this right shall include freedom to seek, receive
and impart information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or through
any other media of the child's choice.
2. The exercise of this right may be subject
to certain restrictions, but these shall only be such as are provided
by law and are necessary:
(a) For respect of the rights or reputations
of others; or
(b) For the protection of national security
or of public order (ordre public), or of public health or morals.
1. States Parties shall respect the right of
the child to freedom of thought, conscience and religion.
2. States Parties shall respect the rights
and duties of the parents and, when applicable, legal guardians,
to provide direction to the child in the exercise of his or her
right in a manner consistent with the evolving capacities of the
child.
3. Freedom to manifest one's religion or
beliefs may be subject only to such limitations as are prescribed
by law and are necessary to protect public safety, order, health
or morals, or the fundamental rights and freedoms of others.
1. States Parties recognize the rights of the
child to freedom of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the
exercise of these rights other than those imposed in conformity
with the law and which are necessary in a democratic society in
the interests of national security or public safety, public order
(ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others.
1. No child shall be subjected to arbitrary
or unlawful interference with his or her privacy, family, home or
correspondence, nor to unlawful attacks on his or her honour and
reputation.
2. The child has the right to the protection
of the law against such interference or attacks.
States Parties recognize the important function performed by the
mass media and shall ensure that the child has access to information
and material from a diversity of national and international sources,
especially those aimed at the promotion of his or her social, spiritual
and moral well-being and physical and mental health. To this end,
States Parties shall:
(a) Encourage the mass media to disseminate
information and material of social and cultural benefit to the
child and in accordance with the spirit of article
29;
(b) Encourage international co-operation
in the production, exchange and dissemination of such information
and material from a diversity of cultural, national and international
sources;
(c) Encourage the production and dissemination
of children's books;
(d) Encourage the mass media to have particular
regard to the linguistic needs of the child who belongs to a minority
group or who is indigenous;
(e) Encourage the development of appropriate
guidelines for the protection of the child from information and
material injurious to his or her well-being, bearing in mind the
provisions of articles 13 and 18.
1. States Parties shall use their best efforts
to ensure recognition of the principle that both parents have common
responsibilities for the upbringing and development of the child.
Parents or, as the case may be, legal guardians, have the primary
responsibility for the upbringing and development of the child.
The best interests of the child will be their basic concern.
2. For the purpose of guaranteeing and
promoting the rights set forth in the present Convention, States
Parties shall render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities
and shall ensure the development of institutions, facilities and
services for the care of children.
3. States Parties shall take all appropriate
measures to ensure that children of working parents have the right
to benefit from child-care services and facilities for which they
are eligible.
1. States Parties shall take all appropriate
legislative, administrative, social and educational measures to
protect the child from all forms of physical or mental violence,
injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s),
legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as
appropriate, include effective procedures for the establishment
of social programmes to provide necessary support for the child
and for those who have the care of the child, as well as for other
forms of prevention and for identification, reporting, referral,
investigation, treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial involvement.
1. A child temporarily or permanently deprived
of his or her family environment, or in whose own best interests
cannot be allowed to remain in that environment, shall be entitled
to special protection and assistance provided by the State.
2. States Parties shall in accordance with
their national laws ensure alternative care for such a child.
3. Such care could include, inter alia,
foster placement, kafalah of Islamic law, adoption or if necessary
placement in suitable institutions for the care of children. When
considering solutions, due regard shall be paid to the desirability
of continuity in a child's upbringing and to the child's ethnic,
religious, cultural and linguistic background.
States Parties that recognize and/or permit the system of adoption
shall ensure that the best interests of the child shall be the paramount
consideration and they shall:
(a) Ensure that the adoption of a child
is authorized only by competent authorities who determine, in
accordance with applicable law and procedures and on the basis
of all pertinent and reliable information, that the adoption is
permissible in view of the child's status concerning parents,
relatives and legal guardians and that, if required, the persons
concerned have given their informed consent to the adoption on
the basis of such counselling as may be necessary;
(b) Recognize that inter-country adoption
may be considered as an alternative means of child's care, if
the child cannot be placed in a foster or an adoptive family or
cannot in any suitable manner be cared for in the child's country
of origin;
(c) Ensure that the child concerned by
inter-country adoption enjoys safeguards and standards equivalent
to those existing in the case of national adoption;
(d) Take all appropriate measures to ensure
that, in inter-country adoption, the placement does not result
in improper financial gain for those involved in it;
(e) Promote, where appropriate, the objectives
of the present article by concluding bilateral or multilateral
arrangements or agreements, and endeavour, within this framework,
to ensure that the placement of the child in another country is
carried out by competent authorities or organs.
1. States Parties shall take appropriate measures
to ensure that a child who is seeking refugee status or who is considered
a refugee in accordance with applicable international or domestic
law and procedures shall, whether unaccompanied or accompanied by
his or her parents or by any other person, receive appropriate protection
and humanitarian assistance in the enjoyment of applicable rights
set forth in the present Convention and in other international human
rights or humanitarian instruments to which the said States are
Parties.
2. For this purpose, States Parties shall
provide, as they consider appropriate, co-operation in any efforts
by the United Nations and other competent intergovernmental organizations
or non-governmental organizations co-operating with the United
Nations to protect and assist such a child and to trace the parents
or other members of the family of any refugee child in order to
obtain information necessary for reunification with his or her
family In cases where no parents or other members of the family
can be found, the child shall be accorded the same protection
as any other child permanently or temporarily deprived of his
or her family environment for any reason, as set forth in the
present Convention.
1. States Parties recognize that a mentally
or physically disabled child should enjoy a full and decent life,
in conditions which ensure dignity, promote self-reliance and facilitate
the child's active participation in the community.
2. States Parties recognize the right of
the disabled child to special care and shall encourage and ensure
the extension, subject to available resources, to the eligible
child and those responsible for his or her care, of assistance
for which application is made and which is appropriate to the
child's condition and to the circumstances of the parents or others
caring for the child.
3. Recognizing the special needs of a disabled
child, assistance extended in accordance with paragraph
2 of the present article shall be provided free of charge,
whenever possible, taking into account the financial resources
of the parents or others caring for the child, and shall be designed
to ensure that the disabled child has effective access to and
receives education, training, health care services, rehabilitation
services, preparation for employment and recreation opportunities
in a manner conducive to the child's achieving the fullest possible
social integration and individual development, including his or
her cultural and spiritual development.
4. States Parties shall promote, in the
spirit of international co-operation, the exchange of appropriate
information in the field of preventive health care and of medical,
psychological and functional treatment of disabled children, including
dissemination of and access to information concerning methods
of rehabilitation, education and vocational services, with the
aim of enabling States Parties to improve their capabilities and
skills and to widen their experience in these areas. In this regard,
particular account shall be taken of the needs of developing countries.
1. States Parties recognize the right of the
child to the enjoyment of the highest attainable standard of health
and to facilities for the treatment of illness and rehabilitation
of health. States Parties shall strive to ensure that no child is
deprived of his or her right of access to such health care services
forth in the present Convention and in other international human
rights or humanitarian instruments to which the said States are
Parties.
2. For this purpose, States Parties shall
provide, as they consider appropriate, co-operation in any efforts
by the United Nations and other competent intergovernmental organizations
or non-governmental organizations cooperating with the United
Nations to protect and assist such a child and to trace the parents
or other members of the family of any refugee child in order to
obtain information necessary for reunification with his or her
family. In cases where no parents or other members of the family
can be found, the child shall be accorded the same protection
as any other child permanently or temporarily deprived of his
or her family environment for any reason, as set forth in the
present Convention.
States Parties shall pursue full implementation of this right
and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary
medical assistance and health care to all children with emphasis
on the development of primary health care;
(c) To combat disease and malnutrition,
including within the framework of primary health care, through,
iner alia, the application of readily available technology and
through the provision of adequate nutritious foods and clean drinking-water,
taking into consideration the dangers and risks of environmental
pollution;
(d) To ensure appropriate pre-natal and
post-natal health care for mothers;
(e) To ensure that all segments of society,
in particular parents and children, are informed, have access
to education and are supported in the use of basic knowledge of
child health and nutrition, the advantages of breast-feeding,
hygiene and environmental sanitation and the prevention of accidents;
(f) To develop preventive health care,
guidance for parents and family planning education and services.
3. States Parties shall take all effective
and appropriate measures with a view to abolishing traditional
practices prejudicial to the health of children.
4. States Parties undertake to promote
and encourage international co-operation with a view to achieving
progressively the full realization of the right recognized in
the present article. In this regard, particular account shall
be taken of the needs of developing countries.
States Parties recognize the right of a child who has been placed
by the competent authorities for the purposes of care, protection
or treatment of his or her physical or mental health, to a periodic
review of the treatment provided to the child and all other circumstances
relevant to his or her placement.
1. States Parties shall recognize for every
child the right to benefit from social security, including social
insurance, and shall take the necessary measures to achieve the
full realization of this right in accordance with their national
law.
2. The benefits should, where appropriate,
be granted, taking into account the resources and the circumstances
of the child and persons having responsibility for the maintenance
of the child, as well as any other consideration relevant to an
application for benefits made by or on behalf of the child.
1. States Parties recognize the right of every
child to a standard of living adequate for the child's physical,
mental, spiritual, moral and social development.
2. The parent(s) or others responsible
for the child have the primary responsibility to secure, within
their abilities and financial capacities, the conditions of living
necessary for the child's development.
3. States Parties, in accordance with national
conditions and within their means, shall take appropriate measures
to assist parents and others responsible for the child to implement
this right and shall in case of need provide material assistance
and support programmes, particularly with regard to nutrition,
clothing and housing.
4. States Parties shall take all appropriate
measures to secure the recovery of maintenance for the child from
the parents or other persons having financial responsibility for
the child, both within the State Party and from abroad. In particular,
where the person having financial responsibility for the child
lives in a State different from that of the child, States Parties
shall promote the accession to international agreements or the
conclusion of such agreements, as well as the making of other
appropriate arrangements.
1. States Parties recognize the right of the
child to education, and with a view to achieving this right progressively
and on the basis of equal opportunity, they shall, in particular:
(a) Make primary education compulsory
and available free to all;
(b) Encourage the development of different
forms of secondary education, including general and vocational
education, make them available and accessible to every child,
and take appropriate measures such as the introduction of free
education and offering financial assistance in case of need;
(c) Make higher education accessible to
all on the basis of capacity by every appropriate means;
(d) Make educational and vocational information
and guidance available and accessible to all children;
(e) Take measures to encourage regular
attendance at schools and the reduction of drop-out rates.
2. States Parties shall take all appropriate
measures to ensure that school discipline is administered in a
manner consistent with the child's human dignity and in conformity
with the present Convention.
3. States Parties shall promote and encourage
international co-operation in matters relating to education, in
particular with a view to contributing to the elimination of ignorance
and illiteracy throughout the world and facilitating access to
scientific and technical knowledge and modern teaching methods.
In this regard, particular account shall be taken of the needs
of developing countries.
1. States Parties agree that the education
of the child shall be directed to:
(a) The development of the child's personality,
talents and mental and physical abilities to their fullest potential;
(b) The development of respect for human
rights and fundamental freedoms, and for the principles enshrined
in the Charter of the United Nations;
(c) The development of respect for the
child's parents, his or her own cultural identity, language and
values, for the national values of the country in which the child
is living; the country from which he or she may originate, and
for civilizations different from his or her own;
(d) The preparation of the child for responsible
life in a free society, in the spirit of understanding, peace,
tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous
origin;
(e) The development of respect for the
natural environment.
2. No part of the present article or article
28 shall be construed so as to interfere with the liberty
of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principles
set forth in paragraph 1 of the present article
and to the requirements that the education given in such institutions
shall conform to such minimum standards as may be laid down by
the State.
In those States in which ethnic, religious or linguistic minorities
or persons of indigenous origin exist, a child belonging to such
a minority or who is indigenous shall not be denied the right, in
community with other members of his or her group, to enjoy his or
her own culture, to profess and practise his or her own religion,
or to use his or her own language.
1. States Parties recognize the right of the
child to rest and leisure, to engage in play and recreational activities
appropriate to the age of the child and to participate freely in
cultural life and the arts.
2. States Parties shall respect and promote
the right of the child to participate fully in cultural and artistic
life and shall encourage the provision of appropriate and equal
opportunities for cultural, artistic, recreational and leisure
activity.
1. States Parties recognize the right of the
child to be protected from economic exploitation and from performing
any work that is likely to be hazardous or to interfere with the
child's education, or to be harmful to the child's health or physical,
mental, spiritual, moral or social development.
2. States Parties shall take legislative,
administrative, social and educational measures to ensure the
implementation of the present article. To this end, and having
regard to the relevant provisions of other international instruments,
States Parties shall in particular:
(a) Provide for a minimum age or minimum
ages for admission to employment;
(b) Provide for appropriate regulation
of the hours and conditions of employment;
(c) Provide for appropriate penalties
or other sanctions to ensure the, effective enforcement of the
present article.
States Parties shall take all appropriate measures, including legislative,
administrative, social and educational measures, to protect children
from the illicit use of narcotic drugs and psychotropic substances
as defined in the relevant international treaties, and to prevent
the use of children in the illicit production and trafficking of
such substances.
States Parties undertake to protect the child from all forms of
sexual exploitation and sexual abuse. For these purposes, States
Parties shall in particular take all appropriate national, bilateral
and multilateral measures to prevent:
(a) The inducement or coercion of a child
to engage in any unlawful sexual activity;
(b) The exploitative use of children in
prostitution or other unlawful sexual practices;
(c)The exploitative use of children in
pornographic performances and materials.
States Parties shall take all appropriate national, bilateral and
multilateral measures to prevent the abduction of, the sale of or
traffic in children for any purpose or in any form.
States Parties shall protect the child against all other forms of
exploitation prejudicial to any aspects of the child's welfare.
States Parties shall ensure that:
(a) No child shall be subjected to torture
or other cruel, inhuman or degrading treatment or punishment.
Neither capital punishment nor life imprisonment without possibility
of release shall be imposed for offences committed by persons
below eighteen years of age;
(b) No child shall be deprived of his or
her liberty unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with the law and
shall be used only as a measure of last resort and for the shortest
appropriate period of time;
(c) Every child deprived of liberty shall
be treated with humanity and respect for the inherent dignity
of the human person, and in a manner which takes into account
the needs of persons of his or her age. In particular, every child
deprived of liberty shall be separated from adults unless it is
considered in the child's best interest not to do so and shall
have the right to maintain contact with his or her family through
correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her
liberty shall have the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the
legality of the deprivation of his or her liberty before a court
or other competent, independent and impartial authority, and to
a prompt decision on any such action.
1. States Parties undertake to respect and
to ensure respect for rules of international humanitarian law applicable
to them in armed conflicts which are relevant to the child.
2. States Parties shall take all feasible
measures to ensure that persons who have not attained the age
of fifteen years do not take a direct part in hostilities.
3. States Parties shall refrain from recruiting
any person who has not attained the age of fifteen years into
their armed forces. In recruiting among those persons who have
attained the age of fifteen years but who have not attained the
age of eighteen years, States Parties shall endeavour to give
priority to those who are oldest.
4. In accordance with their obligations
under international humanitarian law to protect the civilian population
in armed conflicts, States Parties shall take all feasible measures
to ensure protection and care of children who are affected by
an armed conflict.
States Parties shall take all appropriate measures to promote physical
and psychological recovery and social reintegration of a child victim
of: any form of neglect, exploitation, or abuse; torture or any
other form of cruel, inhuman or degrading treatment or punishment;
or armed conflicts. Such recovery and reintegration shall take place
in an environment which fosters the health, self-respect and dignity
of the child.
1. States Parties recognize the right of every
child alleged as, accused of, or recognized as having infringed
the penal law to be treated in a manner consistent with the promotion
of the child's sense of dignity and worth, which reinforces the
child's respect for the human rights and fundamental freedoms of
others and which takes into account the child's age and the desirability
of promoting the child's reintegration and the child's assuming
a constructive role in society.
2. To this end, and having regard to the
relevant provisions of international instruments, States Parties
shall, in particular, ensure that:
(a) No child shall be alleged as, be accused
of, or recognized as having infringed the penal law by reason
of acts or omissions that were not prohibited by national or international
law at the time they were committed;
(b) Every child alleged as or accused
of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven
guilty according to law;
(ii) To be informed promptly and directly
of the charges against him or her, and, if appropriate, through
his or her parents or legal guardians, and to have legal or other
appropriate assistance in the preparation and presentation of
his or her defence;
(iii) To have the matter determined
without delay by a competent, independent and impartial authority
or judicial body in a fair hearing according to law, in the presence
of legal or other appropriate assistance and, unless it is considered
not to be in the best interest of the child, in particular, taking
into account his or her age or situation, his or her parents or
legal guardians;
(iv) Not to be compelled to give testimony
or to confess quilt; to examine or have examined adverse witnesses
and to obtain the participation and examination of witnesses on
his or her behalf under conditions of equality;
(v) If considered to have infringed the
penal law, to have this decision and any measures imposed in consequence
thereof reviewed by a higher competent, independent and impartial
authority or judicial body according to law;
(vi) To have the free assistance of
an interpreter if the child cannot understand or speak the language
used;
(vii) To have his or her privacy fully
respected at all stages of the proceedings.
3. States Parties shall seek to promote
the establishment of laws, procedures, authorities and institutions
specifically applicable to children alleged as, accused of, or
recognized as having infringed the penal law, and, in particular:
(a) The establishment of a minimum age
below which children shall be presumed not to have the capacity
to infringe the penal law;
(b) Whenever appropriate and desirable,
measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards
are fully respected.
4. A variety of dispositions, such as care,
guidance and supervision orders; counselling; probation; foster
care; education and vocational training programmes and other alternatives
to institutional care shall be available to ensure that children
are dealt with in a manner appropriate to their well-being and
proportionate both to their circumstances and the offence.
Nothing in the present Convention shall affect any provisions which
are more conducive to the realization of the rights of the child
and which may be contained in:
(a) The law of a State Party; or
(b) International law in force for that
State.
States Parties undertake to make the principles and provisions of
the Convention widely known, by appropriate and active means, to
adults and children alike.
1. For the purpose of examining the progress
made by States Parties in achieving the realization of the obligations
undertaken in the present Convention, there shall be established
a Committee on the Rights of the Child, which shall carry out the
functions hereinafter provided.
2. The Committee shall consist of ten experts
of high moral standing and recognized competent in the field covered
by this Convention. The members of the Committee shall be elected
by States Parties from among their nationals and shall serve in
their personal capacity, consideration being given to equitable
geographical distribution, as well as to the principal legal systems.
3. The members of the Committee shall be
elected by secret ballot from a list of persons nominated by States
Parties. Each State Party may nominate one person from among its
own nationals.
4. The initial election to the Committee
shall be held no later than six months after the date of the entry
into force of the present Convention and thereafter every second
year. At least four months before the date of each election, the
Secretary-General of the United Nations shall address a letter
to States Parties inviting them to submit their nominations within
two months. The Secretary-General shall subsequently prepare a
list in alphabetical order of all persons thus nominated, indicating
States Parties which have nominated them, and shall submit it
to the States Parties to the present Convention.
5. The elections shall be held at meetings
of States Parties convened by the Secretary-General at United
Nations Headquarters. At those meetings, for which two thirds
of States Parties shall constitute a quorum, the persons elected
to the Committee shall be those who obtain the largest number
of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.
6. The members of the Committee shall be
elected for a term of four years They shall be eligible for re-election
if renominated. The term of five of the members elected at the
first election shall expire at the end of two years; immediately
after the first election, the names of these five members shall
be chosen by lot by the Chairman of the meeting.
7. If a member of the Committee dies or
resigns or declares that for any other cause he or she can no
longer perform the duties of the Committee, the State Party which
nominated the member shall appoint another expert from among its
nationals to serve for the remainder of the term, subject to the
approval of the Committee.
8. The Committee shall establish its own
rules of procedure.
9. The Committee shall elect its officers
for a period of two years. 10. The meetings
of the Committee shall normally be held at United Nations Headquarters
or at any other convenient place as determined by the Committee
The Committee shall normally meet annually. The duration of the
meetings of the Committee shall be determined, and reviewed, it
necessary, by a meeting of the States Parties to the present Convention,
subject to the approval of the General Assembly.
11. The Secretary-General of the United
Nations shall provide the necessary staff and facilities for the
effective performance of the functions of the Committee under
the present Convention.
12. With the approval of the General Assembly,
the members of the Committee established under the present Convention
shall receive emoluments from United Nations resources on such
terms and conditions as the Assembly may decide.
1. States Parties undertake to submit to the
Committee, through the Secretary-General of the United Nations,
reports on the measures they have adopted which give effect to the
rights recognized herein and on the progress made on the enjoyment
of those rights:
(a) Within two years of the entry into
force of the Convention for the State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate factors
and difficulties, if any, affecting the degree of fulfillment
of the obligations under the present Convention. Reports shall
also contain sufficient information to provide the Committee with
a comprehensive understanding of the implementation of the Convention
in the country concerned.
3. A State Party which has submitted a
comprehensive initial report to the Committee need not, in its
subsequent reports submitted in accordance with paragraph
1 (b) of the present article, repeat basic information previously
provided.
4. The Committee may request from States
Parties further information relevant to the implementation of
the Convention.
5. The Committee shall submit to the General
Assembly, through the Economic and Social Council, every two years,
reports on its activities.
6. States Parties shall make their reports
widely available to the public in their own countries.
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.
The present Convention shall be open for signature by all States.
The present Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.
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.
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.
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.
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 an the date on which it is received
by the Secretary-General.
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.
The Secretary-General of the United Nations is designated as the
depositary of the present Convention.
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.
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