Convention on the Rights of the Child in United States
Convention on the Rights of the Child
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
ANNEX
Convention on the Rights of the Child
PREAMBLE
The States Parties to the present Convention,
Considering that, in accordance with the principles proclaimed in the
Charter of the United Nations, recognition of the inherent dignity and of
the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Bearing in mind that the peoples of the United Nations have, in the
Charter, reaffirmed their faith in fundamental human rights and in the
dignity and worth of the human person, and have determined to promote
social progress and better standards of life in larger freedom,
Recognizing that the United Nations has, in the Universal Declaration of
Human Rights and in the International Covenants on Human Rights, proclaimed
and agreed that everyone is entitled to all the rights and freedoms set
forth therein, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status,
Recalling that, in the Universal Declaration of Human Rights, the United
Nations has proclaimed that childhood is entitled to special care and
assistance,
Convinced that the family, as the fundamental group of society and the
natural environment for the growth and well-being of all its members and
particularly children, should be afforded the necessary protection and
assistance so that it can fully assume its responsibilities within the
community,
Recognizing that the child, for the full and harmonious development of
his or her personality, should grow up in a family environment, in an
atmosphere of happiness, love and understanding,
Considering that the child should be fully prepared to live an individual
life in society, and brought up in the spirit of the ideals proclaimed in
the Charter of the United Nations, and in particular in the spirit of
peace, dignity, tolerance, freedom, equality and solidarity,
Bearing in mind that the need to extend particular care to the child has
been stated in the Geneva Declaration of the Rights of the Child of 1924
and in the Declaration of the Rights of the Child adopted by the General
Assembly on 20 November 1959 and recognized in the Universal Declaration of
Human Rights, in the International Covenant on Civil and Political Rights
(in particular in articles 23 and 24), in the International Covenant on
Economic, Social and Cultural Rights (in particular in article 10) and in
the statutes and relevant instruments of specialized agencies and
international organizations concerned with the welfare of children,
Bearing in mind that, as indicated in the Declaration of the Rights of
the Child, “the child, by reason of his physical and mental immaturity,
needs special safeguards and care, including appropriate legal protection,
before as well as after birth”,
Recalling the provisions of the Declaration on Social and Legal
Principles relating to the Protection and Welfare of Children, with Special
Reference to Foster Placement and Adoption Nationally and Internationally;
the United Nations Standard Minimum Rules for the Administration of
Juvenile justice (The Beijing Rules); and the Declaration on the Protection
of Women and Children in Emergency and Armed Conflict,
Recognizing that, in all countries in the world, there are children
living in exceptionally difficult conditions, and that such children need
special consideration,
Taking due account of the importance of the traditions and cultural
values of each people for the protection and harmonious development of the
child,
Recognizing the importance of international co-operation for improving
the living conditions of children in every country, in particular in the
developing countries,
Have agreed as follows:
PART I
Article 1
For the purposes of the present Convention, a child means every human
being below the age of eighteen years unless, under the law applicable to
the child, majority is attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set forth in the
present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child’s or his or her
parent’s or legal guardian’s race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that the
child is protected against all forms of discrimination or punishment on the
basis of the status, activities, expressed opinions, or beliefs of the
child’s parents, legal guardians, or family members.
Article 3
1. In all actions concerning children, whether undertaken by public or
private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be
a primary consideration.
2. States Parties undertake to ensure the child such protection and care as
is necessary for his or her well-being, taking into account the rights and
duties of his or her parents, legal guardians, or other individuals legally
responsible for him or her, and, to this end, shall take all appropriate
legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and
facilities responsible for the care or protection of children shall conform
with the standards established by competent authorities, particularly in
the areas of safety, health, in the number and suitability of their staff,
as well as competent supervision.
Article 4
States Parties shall undertake all appropriate legislative,
administrative, and other measures for the implementation of the rights
recognized in the present Convention. With regard to economic, social and
cultural rights, States Parties shall undertake such measures to the
maximum extent of their available resources and, where needed, within the
framework of international co-operation.
Article 5
States Parties shall respect the responsibilities, rights and duties of
parents or, where applicable, the members of the extended family or
community as provided for by local custom, legal guardians or other persons
legally responsible for the child, to provide, in a manner consistent with
the evolving capacities of the child, appropriate direction and guidance in
the exercise by the child of the rights recognized in the present
Convention.
Article 6
1. States Parties recognize that every child has the inherent right to
life.
2. States Parties shall ensure to the maximum extent possible the survival
and development of the child.
Article 7
1. The child shall be registered immediately after birth and shall have the
right from birth to a name, the right to acquire a nationality and, as far
as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in
accordance with their national law and their obligations under the relevant
international instruments in this field, in particular where the child
would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to preserve
his or her identity, including nationality, name and family relations as
recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of
his or her identity, States Parties shall provide appropriate assistance
and protection, with a view to speedily re-establishing his or her
identity.
Article 9
1. States Parties shall ensure that a child shall not be separated from his
or her parents against their will, except when competent authorities
subject to judicial review determine, in accordance with applicable law and
procedures, that such separation is necessary for the best interests of the
child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the
parents are living separately and a decision must be made as to the child’s
place of residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all
interested parties shall be given an opportunity to participate in the
proceedings and make their views known.
3. States Parties shall respect the right of the child who is separated
from one or both parents to maintain personal relations and direct contact
with both parents on a regular basis, except if it is contrary to the
child’s best interests.
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4. Where such separation results from any action initiated by a State
Party, such as the detention, imprisonment, exile, deportation or death
(including death arising from any cause while the person is in the custody
of the State) of one or both parents or of the child, that State Party
shall, upon request, provide the parents, the child or, if appropriate,
another member of the family with the essential information concerning the
whereabouts of the absent member(s) of the family unless the provision of
the information would be detrimental to the well-being of the child. States
Parties shall further ensure that the submission of such a request shall of
itself entail no adverse consequences for the person(s) concerned.
Article 10
1. In accordance with the obligation of States Parties under article 9,
paragraph 1, applications by a child or his or her parents to enter or
leave a State Party for the purpose of family reunification shall be dealt
with by States Parties in a positive, humane and expeditious manner. States
Parties shall further ensure that the submission of such a request shall
entail no adverse consequences for the applicants and for the members of
their family.
2. A child whose parents reside in different States shall have the right to
maintain on a regular basis, save in exceptional circumstances personal
relations and direct contacts with both parents. Towards that end and in
accordance with the obligation of States Parties under article 9, paragraph
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.
Article 11
1. States Parties shall take measures to combat the illicit transfer and
non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of bilateral or
multilateral agreements or accession to existing agreements.
Article 12
1. States Parties shall assure to the child who is capable of forming his
or her own views the right to express those views freely in all matters
affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative proceedings
affecting the child, either directly, or through a representative or an
appropriate body, in a manner consistent with the procedural rules of
national law.
Article 13
1. The child shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and ideas of
all kinds, regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any other media of the child’s choice.
2. The exercise of this right may be subject to certain restrictions, but
these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.
Article 14
1. States Parties shall respect the right of the child to freedom of
thought, conscience and religion.
2. States Parties shall respect the rights and duties of the parents and,
when applicable, legal guardians, to provide direction to the child in the
exercise of his or her right in a manner consistent with the evolving
capacities of the child.
3. Freedom to manifest one’s religion or beliefs may be subject only to
such limitations as are prescribed by law and are necessary to protect
public safety, order, health or morals, or the fundamental rights and
freedoms of others.
Article 15
1. States Parties recognize the rights of the child to freedom of
association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than
those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public safety,
public order (ordre public), the protection of public health or morals or
the protection of the rights and freedoms of others.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with
his or her privacy, family, home or correspondence, nor to unlawful attacks
on his or her honour and reputation.
2. The child has the right to the protection of the law against such
interference or attacks.
Article 17
States Parties recognize the important function performed by the mass
media and shall ensure that the child has access to information and
material from a diversity of national and international sources, especially
those aimed at the promotion of his or her social, spiritual and moral
well-being and physical and mental health. To this end, States Parties
shall:
(a) Encourage the mass media to disseminate information and material of
social and cultural benefit to the child and in accordance with the spirit
of article 29;
(b) Encourage international co-operation in the production, exchange and
dissemination of such information and material from a diversity of
cultural, national and international sources;
(c) Encourage the production and dissemination of children’s books;
(d) Encourage the mass media to have particular regard to the linguistic
needs of the child who belongs to a minority group or who is indigenous;
(e) Encourage the development of appropriate guidelines for the
protection of the child from information and material injurious to his or
her well-being, bearing in mind the provisions of articles 13 and 18.
Article 18
1. States Parties shall use their best efforts to ensure recognition of the
principle that both parents have common responsibilities for the upbringing
and development of the child. Parents or, as the case may be, legal
guardians, have the primary responsibility for the upbringing and
development of the child. The best interests of the child will be their
basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in
the present Convention, States Parties shall render appropriate assistance
to parents and legal guardians in the performance of their child-rearing
responsibilities and shall ensure the development of institutions,
facilities and services for the care of children.
3. States Parties shall take all appropriate measures to ensure that
children of working parents have the right to benefit from child-care
services and facilities for which they are eligible.
Article 19
1. States Parties shall take all appropriate legislative, administrative,
social and educational measures to protect the child from all forms of
physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while in
the care of parent(s), legal guardian(s) or any other person who has the
care of the child
2. Such protective measures should, as appropriate, include effective
procedures for the establishment of social programmes to provide necessary
support for the child and for those who have the care of the child, as well
as for other forms of prevention and for identification, reporting,
referral, investigation, treatment and follow-up of instances of child
maltreatment described heretofore, and, as appropriate, for judicial
involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family
environment, or in whose own best interests cannot be allowed to remain in
that environment, shall be entitled to special protection and assistance
provided by the State.
2. States Parties shall in accordance with their national laws ensure
alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah of
Islamic law, adoption or if necessary placement in suitable institutions
for the care of children. When considering solutions, due regard shall be
paid to the desirability of continuity in a child’s upbringing and to the
child’s ethnic, religious, cultural and linguistic background.
Article 21
States Parties that recognize and/or permit the system of adoption shall
ensure that the best interests of the child shall be the paramount
consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by competent
authorities who determine, in accordance with applicable law and procedures
and on the basis of all pertinent and reliable information, that the
adoption is permissible in view of the child’s status concerning parents,
relatives and legal guardians and that, if required, the persons concerned
have given their informed consent to the adoption on the basis of such
counselling as may be necessary;
(b) Recognize that inter-country adoption may be considered as an
alternative means of child’s care, if the child cannot be placed in a
foster or an adoptive family or cannot in any suitable manner be cared for
in the child’s country of origin;
(c) Ensure that the child concerned by inter-country adoption enjoys
safeguards and standards equivalent to those existing in the case of
national adoption;
(d) Take all appropriate measures to ensure that, in inter-country
adoption, the placement does not result in improper financial gain for
those involved in it;
(e) Promote, where appropriate, the objectives of the present article by
concluding bilateral or multilateral arrangements or agreements, and
endeavour, within this framework, to ensure that the placement of the child
in another country is carried out by competent authorities or organs.
Article 22
1. States Parties shall take appropriate measures to ensure that a child
who is seeking refugee status or who is considered a refugee in accordance
with applicable international or domestic law and procedures shall, whether
unaccompanied or accompanied by his or her parents or by any other person,
receive appropriate protection and humanitarian assistance in the enjoyment
of applicable rights set forth in the present Convention and in other
international human rights or humanitarian instruments to which the said
States are Parties.
2. For this purpose, States Parties shall provide, as they consider
appropriate, co-operation in any efforts by the United Nations and other
competent intergovernmental organizations or non-governmental organizations
co-operating with the United Nations to protect and assist such a child and
to trace the parents or other members of the family of any refugee child in
order to obtain information necessary for reunification with his or her
family In cases where no parents or other members of the family can be
found, the child shall be accorded the same protection as any other child
permanently or temporarily deprived of his or her family environment for
any reason, as set forth in the present Convention.
Article 23
1. States Parties recognize that a mentally or physically disabled child
should enjoy a full and decent life, in conditions which ensure dignity,
promote self-reliance and facilitate the child’s active participation in
the community
2. States Parties recognize the right of the disabled child to special care
and shall encourage and ensure the extension, subject to available
resources, to the eligible child and those responsible for his or her care,
of assistance for which application is made and which is appropriate to the
child’s condition and to the circumstances of the parents or others caring
for the child.
3. Recognizing the special needs of a disabled child, assistance extended
in accordance with paragraph 2 of the present article shall be provided
free of charge, whenever possible, taking into account the financial
resources of the parents or others caring for the child, and shall be
designed to ensure that the disabled child has effective access to and
receives education, training, health care services, rehabilitation
services, preparation for employment and recreation opportunities in a
manner conducive to the child’s achieving the fullest possible social
integration and individual development, including his or her cultural and
spiritual development.
4. States Parties shall promote, in the spirit of international
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.
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 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.
2 States Parties shall pursue full implementation of this right and, in
particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance and health
care to all children with emphasis on the development of primary health
care;
(c) To combat disease and malnutrition, including within the framework of
primary health care, through, 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.
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3. States Parties shall take all effective and appropriate measures with a
view to abolishing traditional practices prejudicial to the health of
children.
4. States Parties undertake to promote and encourage international
co-operation with a view to achieving progressively the full realization of
the right recognized in the present article. In this regard, particular
account shall be taken of the needs of developing countries.
Article 25
States Parties recognize the right of a child who has been placed by the
competent authorities for the purposes of care, protection or treatment of
his or her physical or mental health, to a periodic review of the treatment
provided to the child and all other circumstances relevant to his or her
placement.
Article 26
1. States Parties shall recognize for every child the right to benefit from
social security, including social insurance, and shall take the necessary
measures to achieve the full realization of this right in accordance with
their national law.
2. The benefits should, where appropriate, be granted, taking into account
the resources and the circumstances of the child and persons having
responsibility for the maintenance of the child, as well as any other
consideration relevant to an application for benefits made by or on behalf
of the child.
Article 27
1. States Parties recognize the right of every child to a standard of
living adequate for the child’s physical, mental, spiritual, moral and
social development.
2. The parent(s) or others responsible for the child have the primary
responsibility to secure, within their abilities and financial capacities,
the conditions of living necessary for the child’s development.
3. States Parties, in accordance with national conditions and within their
means, shall take appropriate measures to assist parents and others
responsible for the child to implement this right and shall in case of need
provide material assistance and support programmes, particularly with
regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to secure the
recovery of maintenance for the child from the parents or other persons
having financial responsibility for the child, both within the State Party
and from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that of the
child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the making of
other appropriate arrangements.
Article 28
1. States Parties recognize the right of the child to education, and with a
view to achieving this right progressively and on the basis of equal
opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education,
including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in case of
need;
(c) Make higher education accessible to all on the basis of capacity by
every appropriate means;
(d) Make educational and vocational information and guidance available
and accessible to all children;
(e) Take measures to encourage regular attendance at schools and the
reduction of drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school
discipline is administered in a manner consistent with the child’s human
dignity and in conformity with the present Convention.
3. States Parties shall promote and encourage international 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.
Article 29
1. States Parties agree that the education of the child shall be directed
to:
(a) The development of the child’s personality, talents and mental and
physical abilities to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms,
and for the principles enshrined in the Charter of the United Nations;
(c) The development of respect for the child’s parents, his or her own
cultural identity, language and values, for the national values of the
country in which the child is living; the country from which he or she may
originate, and for civilizations different from his or her own;
(d) The preparation of the child for responsible life in a free society,
in the spirit of understanding, peace, tolerance, equality of sexes, and
friendship among all peoples, ethnic, national and religious groups and
persons of indigenous origin;
(e) The development of respect for the natural environment.
2. No part of the present article or article 28 shall be construed so as to
interfere with the liberty of individuals and bodies to establish and
direct educational institutions, subject always to the observance of the
principles set forth in paragraph 1 of the present article and to the
requirements that the education given in such institutions shall conform to
such minimum standards as may be laid down by the State.
Article 30
In those States in which ethnic, religious or linguistic minorities or
persons of indigenous origin exist, a child belonging to such a minority or
who is indigenous shall not be denied the right, in community with other
members of his or her group, to enjoy his or her own culture, to profess
and practise his or her own religion, or to use his or her own language.
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1. States Parties recognize the right of the child to rest and leisure, to
engage in play and recreational activities appropriate to the age of the
child and to participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to
participate fully in cultural and artistic life and shall encourage the
provision of appropriate and equal opportunities for cultural, artistic,
recreational and leisure activity.
Article 32
1. States Parties recognize the right of the child to be protected from
economic exploitation and from performing any work that is likely to be
hazardous or to interfere with the child’s education, or to be harmful to
the child’s health or physical, mental, spiritual, moral or social
development.
2. States Parties shall take legislative, administrative, social and
educational measures to ensure the implementation of the present article.
To this end, and having regard to the relevant provisions of other
international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission to
employment;
(b) Provide for appropriate regulation of the hours and conditions of
employment;
(c) Provide for appropriate penalties or other sanctions to ensure the,
effective enforcement of the present article.
Article 33
States Parties shall take all appropriate measures, including
legislative, administrative, social and educational measures, to protect
children from the illicit use of narcotic drugs and psychotropic substances
as defined in the relevant international treaties, and to prevent the use
of children in the illicit production and trafficking of such substances.
Article 34
States Parties undertake to protect the child from all forms of sexual
exploitation and sexual abuse. For these purposes, States Parties shall in
particular take all appropriate national, bilateral and multilateral
measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful
sexual activity;
(b) The exploitative use of children in prostitution or other unlawful
sexual practices;
The exploitative use of children in pornographic performances and
materials
Article 35
States Parties shall take all appropriate national, bilateral and
multilateral measures to prevent the abduction of, the sale of or traffic
in children for any purpose or in any form.
Article 36
States Parties shall protect the child against all other forms of
exploitation prejudicial to any aspects of the child’s welfare.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or
degrading treatment or punishment. Neither capital punishment nor life
imprisonment without possibility of release shall be imposed for offences
committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or
arbitrarily. The arrest, detention or imprisonment of a child shall be in
conformity with the law and shall be used only as a measure of last resort
and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and
respect for the inherent dignity of the human person, and in a manner which
takes into account the needs of persons of his or her age. In particular,
every child deprived of liberty shall be separated from adults unless it is
considered in the child’s best interest not to do so and shall have the
right to maintain contact with his or her family through correspondence and
visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well as the
right to challenge the legality of the deprivation of his or her liberty
before a court or other competent, independent and impartial authority, and
to a prompt decision on any such action.
Article 38
1. States Parties undertake to respect and to ensure respect for rules of
international humanitarian law applicable to them in armed conflicts which
are relevant to the child.
2. States Parties shall take all feasible measures to ensure that persons
who have not attained the age of fifteen years do not take a direct part in
hostilities.
3. States Parties shall refrain from recruiting any person who has not
attained the age of fifteen years into their armed forces. In recruiting
among those persons who have attained the age of fifteen years but who have
not attained the age of eighteen years, States Parties shall endeavour to
give priority to those who are oldest.
4. In accordance with their obligations under international humanitarian
law to protect the civilian population in armed conflicts, States Parties
shall take all feasible measures to ensure protection and care of children
who are affected by an armed conflict.
Article 39
States Parties shall take all appropriate measures to promote physical
and psychological recovery and social reintegration of a child victim of:
any form of neglect, exploitation, or abuse; torture or any other form of
cruel, inhuman or degrading treatment or punishment; or armed conflicts.
Such recovery and reintegration shall take place in an environment which
fosters the health, self-respect and dignity of the child.
Article 40
1. States Parties recognize the right of every child alleged as, accused
of, or recognized as having infringed the penal law to be treated in a
manner consistent with the promotion of the child’s sense of dignity and
worth, which reinforces the child’s respect for the human rights and
fundamental freedoms of others and which takes into account the child’s age
and the desirability of promoting the child’s reintegration and the child’s
assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions of
international instruments, States Parties shall, in particular, ensure
that:
(a) No child shall be alleged as, be accused of, or recognized as having
infringed the penal law by reason of acts or omissions that were not
prohibited by national or international law at the time they were
committed;
(b) Every child alleged as or accused of having infringed the penal law
has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against him or
her, and, if appropriate, through his or her parents or legal guardians,
and to have legal or other appropriate assistance in the preparation and
presentation of his or her defence;
(iii) To have the matter determined without delay by a competent,
independent and impartial authority or judicial body in a fair hearing
according to law, in the presence of legal or other appropriate assistance
and, unless it is considered not to be in the best interest of the child,
in particular, taking into account his or her age or situation, his or her
parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess 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.
Article 41
Nothing in the present Convention shall affect any provisions which are
more conducive to the realization of the rights of the child and which may
be contained in:
(a) The law of a State Party; or
(b) International law in force for that State.
PART II
Article 42
States Parties undertake to make the principles and provisions of the
Convention widely known, by appropriate and active means, to adults and
children alike.
Article 43
1. For the purpose of examining the progress made by States Parties in
achieving the realization of the obligations undertaken in the present
Convention, there shall be established a Committee on the Rights of the
Child, which shall carry out the functions hereinafter provided.
2. The Committee shall consist of ten experts of high moral standing and
recognized 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.
Article 44
1. States Parties undertake to submit to the Committee, through the
Secretary-General of the United Nations, reports on the measures they have
adopted which give effect to the rights recognized herein and on the
progress made on the enjoyment of those rights:
(a) Within two years of the entry into force of the Convention for the
State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate factors and
difficulties, if any, affecting the degree of 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.
Article 45
In order to foster the effective implementation of the Convention and to
encourage international co-operation in the field covered by the
Convention:
(a) The specialized agencies, the United Nations Children’s Fund, and
other United Nations organs shall be entitled to be represented at the
consideration of the implementation of such provisions of the present
Convention as fall within the scope of their mandate. The Committee may
invite the specialized agencies, the United Nations Children’s Fund and
other competent bodies as it may consider appropriate to provide expert
advice on the implementation of the Convention in areas falling within the
scope of their respective mandates. The Committee may invite the
specialized agencies, the United Nations Children’s Fund, and other United
Nations organs to submit reports on the implementation of the Convention in
areas falling within the scope of their activities;
(b) The Committee shall transmit, as it may consider appropriate, to the
specialized agencies, the United Nations Children’s Fund and other
competent bodies, any reports from States Parties that contain a request,
or indicate a need, for technical advice or assistance, along with the
Committee’s observations and suggestions, if any, on these requests or
indications;
(c) The Committee may recommend to the General Assembly to request the
Secretary-General to undertake on its behalf studies on specific issues
relating to the rights of the child;
(d) The Committee may make suggestions and general recommendations based
on information received pursuant to articles 44 and 45 of the present
Convention Such suggestions and general recommendations shall be
transmitted to any State Party concerned and reported to the General
Assembly, together with comments, if any, from States Parties.
PART III
Article 46
The present Convention shall be open for signature by all States.
Article 47
The present Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article 48
The present Convention shall remain open for accession by any State. The
instruments of accession shall be deposited with the Secretary-General of
the United Nations.
Article 49
1. The present Convention shall enter into force on the thirtieth day
following the date of deposit with the Secretary-General of the United
Nations of the twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit
of
the twentieth instrument of ratification or accession, the Convention shall
enter into force on the thirtieth day after the deposit by such State of
its instrument of ratification or accession.
Article 50
1. Any State Party may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General shall
thereupon communicate the proposed amendment to States Parties, with a
request that they indicate whether they favour a conference of States
Parties for the purpose of considering and voting upon the proposals. In
the event that, within four months from the date of such communication, at
least one third of the States Parties favour such a conference, the
Secretary-General shall convene the conference under the auspices of the
United Nations. Any amendment adopted by a majority of States Parties
present and voting at the conference shall be submitted to the General
Assembly for approval.
2. An amendment adopted in accordance with paragraph 1 of the present
article shall enter into force when it has been approved by the General
Assembly of the United Nations and accepted by a two-thirds majority of
States Parties.
3. When an amendment enters into force, it shall be binding on those States
Parties which have accepted it, other States Parties still being bound by
the provisions of the present Convention and any earlier amendments which
they have accepted.
Article 51
1. The Secretary-General of the United Nations shall receive and circulate
to all States the text of reservations made by States at the time of
ratification or accession.
2. A reservation incompatible with the object and purpose of the present
Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to that effect
addressed to the Secretary-General of the United Nations, who shall then
inform all States. Such notification shall take effect an 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.
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