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The Convention on the Rights
of the Child
PREAMBLE
The States Parties to the present Convention
,
Considering
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,
that, in accordance with the principles proclaimed in the Charter of the
Bearing in mind
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,
that the peoples of the United Nations have, in the Charter, reaffirmed
Recognizing
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,
that the United Nations has, in the Universal Declaration of Human
Recalling
proclaimed that childhood is entitled to special care and assistance,
that, in the Universal Declaration of Human Rights, the United Nations has
Convinced
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,
that the family, as the fundamental group of society and the natural environment
Recognizing
should grow up in a family environment, in an atmosphere of happiness, love
and understanding,
that the child, for the full and harmonious development of his or her personality,
Considering
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,
that the child should be fully prepared to live an individual life in society,
Bearing in mind
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,
that the need to extend particular care to the child has been stated
Bearing in mind
child, by reason of his physical and mental immaturity, needs special safeguards and
care, including appropriate legal protection, before as well as after birth”,
that, as indicated in the Declaration of the Rights of the Child, “the
Recalling
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,
the provisions of the Declaration on Social and Legal Principles relating to
Recognizing
difficult conditions, and that such children need special consideration,
that, in all countries in the world, there are children living in exceptionally
PREAMBLE
The Preamble recalls the basic principles of the
United Nations and specific provisions of certain
relevant human rights treaties and proclamations.
It reaffirms the fact that children, because
of their vulnerability, need special care and protection,
and it places special emphasis on the
primary caring and protective responsibility of
the family. It also reaffirms the need for legal and
other protection of the child before and after
birth, the importance of respect for cultural values
of the child’s community, and the vital role of
international co-operation in securing children’s
rights.
All but two nations (Somalia and
the United States) had ratified
the Convention by end 1999.
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Adopted by the General Assembly of the United Nations on 20 November 1989
1
The Convention on
of the Child
the Rights
Taking due account
people for the protection and harmonious development of the child,
of the importance of the traditions and cultural values of each
Recognizing
conditions of children in every country, in particular in the developing countries,
the importance of international co-operation for improving the living
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
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
guardians, or family members.
’s or his or her parent’s or legal guardian’s race,’s parents, legal
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.
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Definition of a child
A child is recognized as a person under 18,
unless national laws recognize the age of majority
earlier.
Non-discrimination
All rights apply to all children without exception.
It is the State
from any form of discrimination and to take positive
action to promote their rights.
’s obligation to protect children
Best interests of the child
All actions concerning the child shall take full
account of his or her best interests. The State
shall provide the child with adequate care when
parents, or others charged with that responsibility,
fail to do so.
Implementation of rights
The State must do all it can to implement the
rights contained in the Convention.
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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
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
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.
’s place of residence.’s best interests.
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Parental guidance and the child’s evolving
capacities
The State must respect the rights and responsibilities
of parents and the extended family to
provide guidance for the child which is appropriate
to her or his evolving capacities.
Survival and development
Every child has the inherent right to life, and the
State has an obligation to ensure the child
and development.
’s survival
Name and nationality
The child has the right to a name at birth. The
child also has the right to acquire a nationality
and, as far as possible, to know his or her parents
and be cared for by them.
Preservation of identity
The State has an obligation to protect, and if
necessary, re-establish basic aspects of the
child
and family ties.
’s identity. This includes name, nationality
Separation from parents
The child has a right to live with his or her parents
unless this is deemed to be incompatible
with the child
right to maintain contact with both parents if
separated from one or both.
’s interests. The child has also the
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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
public health or morals or the rights and freedoms of others and are consistent with the
other rights recognized in the present Convention.
(ordre public),
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
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:
’s
(a)
For respect of the rights or reputations of others; or
(b)
or morals.
For the protection of national security or of public order (ordre public), or of public health
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.
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Family reunification
Children and their parents have the right to leave
any country and to enter their own for purposes
of reunion or the maintenance of the childparent
relationship.
Illicit transfer and non-return
The State has an obligation to prevent and remedy
the kidnapping or retention of children
abroad by a parent or third party.
The child
’s opinion
The child has the right to express his or her opinion
freely and to have that opinion taken into
account in any manner or procedure affecting
the child.
Freedom of expression
The child has the right to express his or her
views, obtain information, make ideas or information
known, regardless of frontiers.
Freedom of thought, conscience and
religion
The State shall respect the child
of thought, conscience and religion, subject
to appropriate parental guidance.
’s right to freedom
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3. Freedom to manifest one
as are prescribed by law and are necessary to protect public safety, order, health or
morals, or the fundamental rights and freedoms of others.
’s religion or beliefs may be subject only to such limitations
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)
benefit to the child and in accordance with the spirit of article 29;
Encourage the mass media to disseminate information and material of social and cultural
(b)
of such information and material from a diversity of cultural, national and international
sources;
Encourage international co-operation in the production, exchange and dissemination
(c)
Encourage the production and dissemination of children’s books;
(d)
who belongs to a minority group or who is indigenous;
Encourage the mass media to have particular regard to the linguistic needs of the child
(e)
from information and material injurious to his or her well-being, bearing in mind the provisions
of articles 13 and 18.
Encourage the development of appropriate guidelines for the protection of the child
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle that both
parents have common responsibilities for the upbringing and development of the child.
Parents or, as the case may be, legal guardians, have the primary responsibility for the
upbringing and development of the child. The best interests of the child will be their
basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in the present
Convention, States Parties shall render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities and shall ensure the
development of institutions, facilities and services for the care of children.
3. States Parties shall take all appropriate measures to ensure that children of working
parents have the right to benefit from child-care services and facilities for which they
are eligible.
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Freedom of association
Children have a right to meet others, and to join
or form associations.
Protection of privacy
Children have the right to protection from interference
with privacy, family, home and correspondence,
and from libel or slander.
Access to appropriate information
The State shall ensure the accessibility to children
of information and material from a diversity
of sources, and it shall encourage the mass
media to disseminate information which is of
social and cultural benefit to the child, and to
take steps to protect him or her from harmful
materials.
Parental responsibilities
Parents have joint primary responsibility for raising
the child, and the State shall support them in
this. The State shall provide appropriate assistance
to parents in child-raising.
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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,
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
inter alia, foster placement, kafalah of Islamic law, adoption’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)
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
required, the persons concerned have given their informed consent to the adoption
on the basis of such counselling as may be necessary;
Ensure that the adoption of a child is authorized only by competent authorities who’s status concerning parents, relatives and legal guardians and that, if
(b)
of child
cannot in any suitable manner be cared for in the child
Recognize that inter-country adoption may be considered as an alternative means’s care, if the child cannot be placed in a foster or an adoptive family or’s country of origin;
(c)
standards equivalent to those existing in the case of national adoption;
Ensure that the child concerned by inter-country adoption enjoys safeguards and
(d)
does not result in improper financial gain for those involved in it;
Take all appropriate measures to ensure that, in inter-country adoption, the placement
(e)
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.
Promote, where appropriate, the objectives of the present article by concluding
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Protect from abuse and neglect
The State shall protect the child from all forms of
maltreatment by parents or others responsible
for the care of the child and establish appropriate
social programmes for the prevention of
abuse and the treatment of victims.
Protection of a child without family
The State is obliged to provide special protection
for a child deprived of the family environment
and to ensure that appropriate alternative
family care or institutional placement is available
in such cases. Efforts to meet this obligation
shall pay due regard to the child
’s cultural background.
Adoption
In countries where adoption is recognized
and/or allowed, it shall only be carried out in the
best interests of the child, and then only with the
authorization of competent authorities, and safeguards
for the child.
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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
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
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
pos-sible, 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
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.
’s active participation in the community.’s condition and to the circumstances of’s achieving the fullest possible social integration and individual
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)
with emphasis on the development of primary health care;
To ensure the provision of necessary medical assistance and health care to all children
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Refugee children
Special protection shall be granted to a refugee
child or to a child seeking refugee status. It is the
State
organizations which provide such protection and
assistance.
’s obligation to co-operate with competent
Disabled children
A disabled child has the right to special care,
education and training to help him or her enjoy a
full and decent life in dignity and achieve the
greatest degree of self-reliance and social integration
possible.
Health and health services
The child has a right to the highest standard of
health and medical care attainable. States shall
place special emphasis on the provision of primary
and preventative health care, public health
education and the reduction of infant mortality.
They shall encourage international co-operation
in this regard and strive to see that no child is
deprived of access to effective health services.
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(c)
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;
To combat disease and malnutrition, including within the framework of primary health
(d)
To ensure appropriate pre-natal and post-natal health care for mothers;
(e)
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;
To ensure that all segments of society, in particular parents and children, are
(f)
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.
To develop preventive health care, guidance for parents and family planning education
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
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
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.
’s physical, mental, spiritual, moral and social development.’s development.
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Periodic review of placement
A child who is placed by the State for reasons of
care, protection or treatment is entitled to have
that placement evaluated regularly.
Social security
The child has a right to benefit from social security
including social insurance.
Standard of living
Every child has the right to a standard of living
adequate for his or her physical, mental, spiritual,
moral and social development. Parents
have the primary responsibility to ensure that the
child has an adequate standard of living. The
State
can be fulfilled, and is. State responsibility can
include material assistance to parents and their
children.
’s duty is to ensure that this responsibility
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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)
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;
Encourage the development of different forms of secondary education, including general
(c)
means;
Make higher education accessible to all on the basis of capacity by every appropriate
(d)
to all children;
Make educational and vocational information and guidance available and accessible
(e)
rates.
2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child
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.
Take measures to encourage regular attendance at schools and the reduction of dropout’s human dignity and in conformity
Article 29
1. States Parties agree that the education of the child shall be directed to:
(a)
to their fullest potential;
The development of the child’s personality, talents and mental and physical abilities
(b)
principles enshrined in the Charter of the United Nations;
The development of respect for human rights and fundamental freedoms, and for the
(c)
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;
The development of respect for the child’s parents, his or her own cultural identity,
(d)
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic,
national and religious groups and persons of indigenous origin;
The preparation of the child for responsible life in a free society, in the spirit of understanding,
(e)
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.
The development of respect for the natural environment.
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.
Education
The child has a right to education, and the
State
is free and compulsory, to encourage different
forms of secondary education accessible to
every child and to make higher education available
to all on the basis of capacity. School
discipline shall be consistent with the child
rights and dignity. The State shall engage in
international co-operation to implement this
right.
’s duty is to ensure that primary education’s
Aims of education
Education shall aim at developing the child
talents and mental and physical abilities
to the fullest extent. Education shall prepare the
child for an active adult life in a free society and
foster respect for the child
own cultural identity, language and values, and
for the cultural background and values of others.
’s personality,’s parents, his or her
Children of minorities or indigenous
populations
Children of minority communities and indigenous
populations have the right to enjoy their
own culture and to practise their own religion
and language.
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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
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:
’s education, or to be harmful to the child’s health or physical, mental, spiritual,
(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)
of the present article.
Provide for appropriate penalties or other sanctions to ensure the effective enforcement
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.
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Leisure, recreation and cultural
activities
The child has the right to leisure, play and participation
in cultural and artistic activities.
Child labour
The child has the right to be protected from work
that threatens his or her health, education or
development. The State shall set minimum ages
of employment and regulate working conditions.
Drug abuse
Children have the right to protection from the use
of narcotic and psychotropic drugs, and from
being involved in their production or distribution.
Sexual exploitation
The State shall protect children from sexual
exploitation and abuse, including prostitution
and involvement in pornography.
Sale, trafficking and abduction
It is the State
prevent the sale, trafficking and abduction of
children.
’s obligation to make every effort to
Other forms of exploitation
The child has a right to protection from all forms
of exploitation prejudicial to any aspects of the
child
and 35.
’s welfare not covered in articles 32, 33, 34
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Article 37
States Parties shall ensure that:
(a)
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;
No child shall be subjected to torture or other cruel, inhuman or degrading treatment
(b
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;
) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest,
(c)
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
do so and shall have the right to maintain contact with his or her family through correspondence
and visits, save in exceptional circumstances;
Every child deprived of liberty shall be treated with humanity and respect for the’s best interest not to
(d)
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.
Every child deprived of his or her liberty shall have the right to prompt access to
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
respect for the human rights and fundamental freedoms of others and which takes
into account the child
and the child
’s sense of dignity and worth, which reinforces the child’s’s age and the desirability of promoting the child’s reintegration’s assuming a constructive role in society.
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Torture and deprivation of liberty
No child shall be subjected to torture, cruel treatment
or punishment, unlawful arrest or deprivation
of liberty. Both capital punishment and life
imprisonment without the possibility of release
are prohibited for offences committed by persons
below 18 years. Any child deprived of liberty
shall be separated from adults unless it is considered
in the child
child who is detained shall have legal and other
assistance as well as contact with the family.
’s best interest not to do so. A
Armed conflicts
States Parties shall take all feasible measures to
ensure that children under 15 years of age have
no direct part in hostilities. No child below 15
shall be recruited into the armed forces. States
shall also ensure the protection and care of children
who are affected by armed conflict as
described in relevant international law.
Administration of juvenile justice
A child in conflict with the law has the right to
treatment which promotes the child
dignity and who, takes the child
account and aims at his or her reintegration into
society. The child is entitled to basic guarantees
as well as legal or other assistance for his or her
defence. Judicial proceedings and institutional
placements shall be avoided wherever possible.
’s sense of’s age into
Rehabilitative care
The State has an obligation to ensure that child
victims of armed conflicts, torture, neglect, maltreatment
or exploitation receive appropriate treatment
for their recovery and social reintegration.
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2. To this end, and having regard to the relevant provisions of international instruments,
States Parties shall, in particular, ensure that:
(a)
penal law by reason of acts or omissions that were not prohibited by national or international
law at the time they were committed;
No child shall be alleged as, be accused of, or recognized as having infringed the
(b)
following guarantees:
Every child alleged as or accused of having infringed the penal law has at least the
(i)
To be presumed innocent until proven guilty according to law;
(ii)
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;
To be informed promptly and directly of the charges against him or her, and, if
(iii)
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;
To have the matter determined without delay by a competent, independent and
(iv)
examined adverse witnesses and to obtain the participation and examination of
witnesses on his or her behalf under conditions of equality;
Not to be compelled to give testimony or to confess guilt; to examine or have
(v)
measures imposed in consequence thereof reviewed by a higher competent,
independent and impartial authority or judicial body according to law;
If considered to have infringed the penal law, to have this decision and any
(vi)
speak the language used;
To have the free assistance of an interpreter if the child cannot understand or
(vii)
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:
To have his or her privacy fully respected at all stages of the proceedings.
(a)
have the capacity to infringe the penal law;
The establishment of a minimum age below which children shall be presumed not to
(b)
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.
Whenever appropriate and desirable, measures for dealing with such children without
Article 41
Nothing in the present Convention shall affect any provisions which are more conducive
to the realization of the rights of the child and which may be contained in:
(a)
The law of a State Party; or
(b)
International law in force for that State.
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Respect for higher standards
Wherever standards set in applicable national
and international law relevant to the rights of the
child are higher than those in this Convention,
the higher standard shall always apply.
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PART II
Article 42
States Parties undertake to make the principles and provisions of the Convention
widely known, by appropriate and active means, to adults and children alike.
Article 43
1. For the purpose of examining the progress made by States Parties in achieving
the realization of the obligations undertaken in the present Convention, there shall
be established a Committee on the Rights of the Child, which shall carry out the
functions hereinafter provided.
2. The Committee shall consist of ten experts of high moral standing and recognized
competence in the field covered by this Convention. The members of the
Committee shall be elected by States Parties from among their nationals and shall
serve in their personal capacity, consideration being given to equitable geographical
distribution, as well as to the principal legal systems.
3. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties. Each State Party may nominate one person
from among its own nationals.
4. The initial election to the Committee shall be held no later than six months after
the date of the entry into force of the present Convention and thereafter every
second year. At least four months before the date of each election, the Secretary-
General of the United Nations shall address a letter to States Parties inviting them
to submit their nominations within two months. The Secretary-General shall subsequently
prepare a list in alphabetical order of all persons thus nominated, indicating
States Parties which have nominated them, and shall submit it to the
States Parties to the present Convention.
5. The elections shall be held at meetings of States Parties convened by the
Secretary-General at United Nations Headquarters. At those meetings, for which
two thirds of States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an absolute
majority of the votes of the representatives of States Parties present and voting.
6. The members of the Committee shall be elected for a term of four years. They
shall be eligible for re-election if renominated. The term of five of the members
elected at the first election shall expire at the end of two years; immediately after
the first election, the names of these five members shall be chosen by lot by the
Chairman of the meeting.
7. If a member of the Committee dies or resigns or declares that for any other cause
he or she can no longer perform the duties of the Committee, the State Party
which nominated the member shall appoint another expert from among its nationals
to serve for the remainder of the term, subject to the approval of the
Committee.
8. The Committee shall establish its own rules of procedure.
9. The Committee shall elect its officers for a period of two years.
10. The meetings of the Committee shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Committee.
The Committee shall normally meet annually. The duration of the meetings of the
Committee shall be determined, and reviewed, if necessary, by a meeting of the
States Parties to the present Convention, subject to the approval of the General
Assembly.
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Implementation and entry into force
The provisions of articles 42-54 notably foresee:
i)
contained in this Convention widely known
to both adults and children.
The State’s obligation to make the rights
ii)
of the child composed of 10 experts, which
will consider reports that States Parties to
the Convention are to submit 2 years after
ratification and every 5 years thereafter. The
Convention enters into force
Committee thereafter should be set up
The setting up of a Committee on the Rights– and the–
once 20 countries have ratified it.
iii)
widely available to the general public.
States Parties are to make their reports
iv)
studies be undertaken on specific issues
relating to the rights of the child, and may
make its evaluations known to each State
Party concerned as well as to the UN
General Assembly.
The Committee may propose that special
v)
of the Convention and to encourage
international co-operation
agencies of the UN
International Labour Organization (ILO),
World Health Organization (WHO) and
United Nations Educational, Scientific and
Cultural Organization (UNESCO)
UNICEF would be able to attend the meetings
of the Committee. Together with any
other body recognized as
including non-governmental organizations
(NGOs) in consultative status with the UN
and UN organs such as the United Nations
High Commissioner for Refugees (UNHCR),
they can submit pertinent information to the
Committee and be asked to advise on the
optimal implementation of the Convention.
In order to “foster the effective implementation”, the specialized– such as the– and“competent”,
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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)
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
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.
Thereafter every five years.(b) of the present article, repeat basic information previously provided.
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)
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
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
United Nations organs to submit reports on the implementation of the Convention
in areas falling within the scope of their activities;
The specialized agencies, the United Nations Children’s Fund, and other United’s Fund and other competent bodies as it may consider’s Fund, and other
(b)
agencies, the United Nations Children
reports from States Parties that contain a request, or indicate a need, for technical
advice or assistance, along with the Committee
if any, on these requests or indications;
The Committee shall transmit, as it may consider appropriate, to the specialized’s Fund and other competent bodies, any’s observations and suggestions,
(c)
The Committee may recommend to the General Assembly to request the
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Secretary-General to undertake on its behalf studies on specific issues relating to the
rights of the child;
(d)
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 Committee may make suggestions and general recommendations based on
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.
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Article 51
1. The Secretary-General of the United Nations shall receive and circulate to all States
the text of reservations made by States at the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention
shall not be permitted.
3. Reservations may be withdrawn at any time by notification to that effect addressed to
the Secretary-General of the United Nations, who shall then inform all States. Such
notification shall take effect on the date on which it is received by the Secretary-
General.
Article 52
A State Party may denounce the present Convention by written notification to the
Secretary-General of the United Nations. Denunciation becomes effective one year after
the date of receipt of the notification by the Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as the depositary of the present
Convention.
Article 54
The original of the present Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-
General of the United Nations.
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto
by their respective governments, have signed the present Convention.
Save the Children, Ulla Blomquist, Programme Officer
Save the Children, Sweden.
ulla. blomquist@rb.se
UNHCR, David Nosworth, ARC Project Coordinator, UNHCR, Geneva. nosworth@unhcr.ch |
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