ADOPTED 20 November 1989. Entry into force: 2 September 1990, in accordance with article 49.
Preamble
The Preamble recalls the fundamental principles of the United Nations and the specific provisions of certain human rights treaties and declarations; reaffirms the need for special care and assistance for children due to their vulnerability; particularly emphasizes the primary responsibility of the family for the protection and upbringing of children, the need for legal and non-legal protection of children before and after birth, the importance of respecting the cultural values of the child’s community, and the crucial role of international cooperation in making children’s rights a reality.
The States Parties to this Convention,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, the promotion of social progress and better standards of life in larger freedom, and for these ends to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ the instrument of international machinery for the promotion of the economic and social advancement of all peoples,
Recalling that the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and of nations large and small, and have determined to promote social progress and to introduce better standards of life and larger freedom,
Recognizing that the United Nations have proclaimed and agreed in the Universal Declaration of Human Rights and in the international human rights covenants that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, economic position, birth or other status,
Recalling that the United Nations proclaimed in the Universal Declaration of Human Rights that the child has a right 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 in order to be able to assume fully its responsibilities within the community,
Recognizing that the child, for the full and harmonious development of his personality, must grow up in a family environment, in an atmosphere of happiness, love and understanding,
Considering that the child must be fully prepared to live an independent life in society and be educated in the spirit of the ideals proclaimed in the Charter of the United Nations and, in particular, in a spirit of peace, dignity, tolerance, freedom, equality and solidarity,
Bearing in mind that the need to provide the child with special protection 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, the International Covenant on Civil and Political Rights (in particular, Articles 23 and 24), the International Covenant on Economic, Social and Cultural Rights (in particular, Article 10) and in the relevant statutes and instruments of specialized agencies and international organizations concerned with the welfare of the child,
Bearing in mind that, as stated 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 adoption and foster placement, both 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 the child has to be protected against all forms of neglect, cruelty and exploitation. He shall not be the victim of traffic in any form. The child shall not be admitted to employment before an age minimum has been established. He shall not, in any case, be caused, allowed or permitted to engage in any occupation or employment which would prejudice his morals or his education, or interfere with his physical or mental, or moral development.
Due regard shall be paid to the importance of the traditions and cultural values of each country in the protection and harmonious development of the child,
Recognizing the importance of international cooperation in improving the living conditions of children in all countries, in particular in developing countries,
Have agreed as follows:
PART I
Article 1
DEFINITION OF CHILD. For the purposes of this 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.
For the purposes of the present Convention, a child means every human being below the age of eighteen years of age unless under the law applicable to the child, majority is attained earlier.
Article 2
NON-DISCRIMINATION. All rights shall be applied to all children, without exception whatsoever, and it is the obligation of the State to take the necessary measures to protect the child from any form of discrimination.
1. States Parties shall respect the rights set forth in this Convention and shall ensure their application to each child within their jurisdiction, without distinction of any kind, regardless of the child’s race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, economic status, physical disabilities, birth or other status of the child, or that of his or her parents or legal guardians.
2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on account of the status, activities, expressed opinions or beliefs of his or her parents, or guardians or family members.
Article 3
BEST INTEREST OF THE CHILD. All measures concerning the child must be based on the consideration of his or her best interests. The State must ensure adequate protection and care when parents or other persons responsible are unable to do so.
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 shall take all appropriate legislative and administrative measures to protect the child, bearing in mind the rights and duties of parents, legal guardians or other persons legally responsible for the child.
3. The States Parties shall ensure that the institutions, services and establishments responsible for the care or protection of children comply with the standards established by the competent authorities, particularly with regard to the safety, health, number and competence of their staff, as well as in relation to the existence of adequate supervision.
Article 4
IMPLEMENTATION OF RIGHTS. It is the obligation of the State to adopt the necessary measures to give effect to all the rights recognized in this Convention.
States Parties shall take 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 take such measures to the maximum extent of the available resources and, where applicable, within the framework of international cooperation.
Article 5
PARENTAL DIRECTION AND GUIDANCE. It is the obligation of the State to respect the responsibilities and rights of parents and family members to provide the child with guidance appropriate to the child’s evolving capacities.
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the extended family or community members as provided for by local custom, of guardians or other persons legally responsible for the child, of providing, 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
SURVIVAL AND DEVELOPMENT. Every child has the inherent right to life and States Parties shall ensure to the maximum extent possible the survival and development of the child.
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
NAME AND NATIONALITY. Every child has the right to a name from birth and to acquire a nationality.
1. The child shall be registered immediately after birth and shall have the right from birth to a name, to acquire a nationality and, as far as possible, 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 legislation and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Article 8
PRESERVATION OF IDENTITY. It is the obligation of the State to protect and, if necessary, restore the child’s identity, if it has been partially or wholly deprived of it (name, nationality, and family ties).
1. States Parties shall 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. When a child is unlawfully deprived of some or all elements of his or her identity, the States Parties shall provide appropriate assistance and protection with a view to the speedy re-establishment of his or her identity.
Article 9
SEPARATION FROM PARENTS. It is a child’s right to live with his or her father and mother, except in cases where separation is necessary for the child’s best interests. It is a child’s right to maintain direct contact with both parents if separated from one or both. The State shall be responsible for this aspect if the separation was caused by its action.
1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when, in accordance with applicable law and procedures, a competent authority has determined, subject to review, that such separation is necessary for the best interests of the child. Such determination may be necessary in particular cases such as: where the child is subjected to abuse or neglect by the parents or where the parents are living separately and a decision has to be made as to the child’s place of residence.
2. In all cases referred to in paragraph 1 of the present article, all interested parties shall be given an opportunity of participating in the proceedings and presenting their views.
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 this is contrary to the best interests of the child.
4. When such separation results from the action of a State Party, such as the detention, imprisonment, internment, exile or deportation of the child or his or her parents, or the child being deprived of his or her liberty or the liberty of one or both of his or her parents, the State Party shall, upon request, provide the child, his or her parents, or, if appropriate, another member of the family, with basic information concerning the whereabouts of the absent family member or members, unless the provision of this information would be detrimental to the well-being of the child. The States Parties shall also ensure that the presentation of such a request shall not prejudice the situation of the person or persons concerned.
Article 10
FAMILY REUNIFICATION. It is the right of children and their parents to leave any country, including their own, and to enter their own country in order to ensure the establishment or maintenance of family unity.
1. In accordance with the obligation incumbent upon States Parties under paragraph 1 of Article 9, any application made by a child or by his or her parents to enter a State Party or to leave it for the purpose of family reunification shall be dealt with by the States Parties in a positive, humanitarian and expeditious manner. The States Parties shall further ensure that the submission of such a petition shall not entail unfavourable consequences for the petitioners or for their family members.
2. A child whose parents are living apart 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. To this end, and in accordance with the obligation assumed by the States Parties under paragraph 1 of Article 9, the States Parties shall respect the right of the child and his or her parents to leave any country, including his or her own, and to enter his or her own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary, and are consistent with the other rights and freedoms recognised in this Convention, for the protection of national security, public order, public health or morals or the rights and freedoms of others.
Article 11
ILLICIT TRANSFERS AND RETENTIONS. It is the State’s obligation to adopt the necessary measures to combat illicit transfers and illicit retention of children abroad, whether by their father or mother, or by a third person.
1. States Parties shall take measures to combat the illicit transfer of children abroad and the illicit retention 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
CHILD’S OPINION. The child has the right to express their opinion and to have it taken into account in all matters affecting them.
1. States Parties shall assure to the child who is capable of forming his or her own views the right to express them freely in all matters relating to the child, the views being given due weight in accordance with the age and maturity of the child.
2. To this end, the child shall in particular be afforded an opportunity of being heard in any judicial or administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in accordance with the procedural rules of national law.
Article 13
FREEDOM OF EXPRESSION. Every child shall have the right to freedom of expression. This right shall extend to the seeking, receiving and imparting of 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.
1. The child shall have the right to freedom of expression; this right shall extend to the seeking, receiving and imparting of 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 public order or to protect public health or morals.
Article 14
FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION. The child has the right to freedom of thought, conscience and religion under the direction of his father and mother, and in accordance with the limitations prescribed by law.
1. States Parties shall respect the child’s right to freedom of thought, conscience and religion.
2. States Parties shall respect the rights and duties of parents and, where 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
FREEDOM OF ASSOCIATION. Every child has the right to freedom of association and to hold meetings, provided that this does not go against the rights of others.
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national or public safety, or for the protection of public health or morals, or for the protection of the rights and freedoms of others.
Article 16
PROTECTION OF PRIVACY. Every child has the right to privacy, family, home and correspondence, and to not have their honor attacked.
1. No child shall be subjected to arbitrary or unlawful interference with his privacy, his family, his home or his correspondence, nor to unlawful attacks on his honour and reputation.
2. The child has the right to the protection of the law against such interference or attacks.
Article 17
ACCESS TO ADEQUATE INFORMATION. Social media play an important role in disseminating information intended for children, which aims to promote their moral well-being, knowledge and understanding among peoples, and which respects the child’s culture. It is the State’s obligation to take promotional measures in this regard and to protect the child from any information and material harmful to their well-being.
The States Parties recognize the important role played by the media and shall ensure that the child has access to information and material from a variety of national and international sources, especially information and material that aims to promote their social, spiritual and moral well-being and their physical and mental health. To this end, the States Parties shall:
a) Encourage the media to disseminate information and materials of social and cultural interest to the child, in accordance with the spirit of Article 29;
b) They shall promote international cooperation in the production, exchange and dissemination of such information and materials from diverse cultural, national and international sources;
c) They shall encourage the production and dissemination of books for children;
d) They shall encourage the media to take particular account of the linguistic needs of the child belonging to a minority group or who is indigenous;
e) They shall promote the establishment of appropriate guidelines for protecting the child against any information and material considered harmful to his or her well-being, taking into account the provisions of articles 13 and 18.
Article 18
RESPONSIBILITY OF PARENTS. The primary responsibility for the upbringing and development of the child rests with his or her parents. The State shall use its best efforts to assist parents in fulfilling this responsibility and shall take measures to ensure the State’s protection and care of children who are unable to have their needs met by their parents or guardians, as appropriate.
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. Primary responsibility for the upbringing and development of the child shall lie with the parents or, as the case may be, with the legal guardians. Their paramount concern shall be the best interests of the child.
2. In order to guarantee and promote the rights set forth in this 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 whose parents have employment have the right to benefit from child-care services and facilities for which they qualify.
Article 19
PROTECTION AGAINST ABUSE. It is the obligation of the State to protect children from all forms of abuse perpetrated by parents or any other person responsible for their care, and to establish preventive and treatment measures in this regard.
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from any form of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while the child is under the care of parents, a legal guardian, or any other person who has the child in charge.
2. Such protective measures should include, as appropriate, effective procedures for the establishment of social programmes to provide the necessary assistance for the child and for those who have the care of him, as well as for other forms of prevention, and for the identification, referral, reception, education and subsequent supervision of the child referred to in this paragraph; and, as appropriate, judicial interposition.
Article 20
CHILDREN DEPRIVED OF THEIR FAMILY ENVIRONMENT. The State shall provide special protection to children deprived of their family environment and shall ensure that appropriate substitute family care or placement in an appropriate institution is provided for them, taking into account the child’s cultural background.
1. Children temporarily or permanently deprived of their family environment, or whose best interests require that they not remain in that environment, shall have the right to special protection and assistance from the State.
2. States Parties shall ensure, in accordance with their national laws, other forms of care for such children.
3. Such care could include, among others, foster placement, kafala of Islamic law, adoption or, if necessary, placement in suitable institutions for the protection of minors. When considering solutions, particular attention shall be paid to the desirability of continuity in the child’s education and to their ethnic, religious, cultural and linguistic origin.
Article 21
ADOPTION. In States which recognize and/or permit the adoption, care shall be taken to ensure that the best interests of the child shall be the paramount consideration and that all necessary safeguards shall be provided for ensuring that the adoption is admissible as well as the authorizations of the competent authorities.
States Parties that recognize or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and:
a) They shall ensure that the adoption of a child shall not be carried out except by competent authorities who determine, in accordance with the applicable law and procedures and on the basis of all relevant and reliable information, that the adoption is admissible in view of the child’s legal status in relation to his parents, relatives and legal guardians and that, where required, the interested parties have given their informed consent to the adoption, based on such counselling as may be necessary;
b) They shall recognize that intercountry 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 otherwise be cared for in his country of origin;
c) They shall ensure that a child to be adopted in another country shall enjoy safeguards and standards equivalent to those existing in the country of adoption;
d) They shall take all appropriate measures to ensure that, in the case of adoption in another country, the placement does not result in undue financial gain for those involved in it;
e) They shall promote, where appropriate, the objectives of the present article through the conclusion of bilateral or multilateral arrangements or agreements and shall endeavour, within this framework, to ensure that the placement of the child in another country is effected by means of the competent authorities or bodies.
Article 22
REFUGEE CHILDREN. Special protection shall be provided to children who are considered refugees or who apply for refugee status, and it is the State’s obligation to cooperate with the competent bodies to guarantee such protection and assistance.
1. States Parties shall take appropriate measures to ensure that a child who seeks refugee status or who is found to be a refugee in accordance with applicable international or internal law and procedures, whether unaccompanied or accompanied by his or her parents or by any other person, receives appropriate protection and humanitarian assistance in the enjoyment of the relevant rights set out in the present Convention and in other international human rights or humanitarian instruments in which the said States are Parties.
2. To this end, States Parties shall cooperate, as they deem appropriate, in all efforts of the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to protect and assist any refugee child and to locate the parents or other family members of any refugee child with a view to obtaining the information necessary for his or her reunification with his or her family. In cases where the parents or other family members cannot be found, the child shall be accorded the same protection as any other child who is permanently or temporarily deprived of his or her family environment, for any reason, as laid down in the present Convention.
Article 23
DISABLED CHILDREN. Disabled children have the right to receive special care, education and training, aimed at achieving their self-sufficiency and active integration into society.
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life in conditions which ensure dignity and enable the child to attain the maximum degree of self-sufficiency and active participation in the community.
2. The States Parties recognize the right of the disabled child to special care and shall endeavor, within their available means, to provide assistance to the child referred to in paragraph 1 of this article and to those responsible for his or her care, as may be needed and is appropriate to the child’s condition and the circumstances of the parents or others caring for the child.
3. In attention to the special needs of the disabled child, the assistance provided in accordance with paragraph 2 of this article shall be free of charge, as far as possible, taking into account the economic situation of the parents or other persons caring for the child, and shall be directed to ensuring that the disabled child has effective access to education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities, and receives such services with the aim of enabling the child to achieve the fullest possible social integration and individual development, including cultural and spiritual development.
4. The 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 the dissemination of information about methods of rehabilitation, and educational and vocational training services, with a view to assisting the States Parties in developing their capabilities and experience and in improving their knowledge in these areas. To this end, particular account shall be taken of the needs of developing countries.
Article 24
HEALTH AND MEDICAL SERVICES. Children have the right to enjoy the highest possible level of health and to access medical and rehabilitation services, with special emphasis on those related to primary health care, preventive care, and the reduction of infant mortality. It is the State’s obligation to take the necessary measures aimed at abolishing traditional practices harmful to the child’s health.
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to services for the treatment of illness and the rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to these health care services.
2. States Parties shall take all appropriate measures to ensure the full realization of this right and, in particular, shall take appropriate measures to:
a) Reduce infant and child mortality;
b) Ensure the provision of adequate health care and medical services to all children, with emphasis on the development of primary health care;
c) Combat diseases and malnutrition in the context of primary health care, through, among other things, the application of available technology and the provision of adequate nutritious foods and safe potable water, taking into account the dangers and risks of environmental contamination;
d) Ensure appropriate prenatal and postnatal health care for mothers;
e) Ensure that all sectors of society, in particular parents and children, are informed about the basic principles of child health and nutrition, the advantages of breast-feeding, hygiene and environmental sanitation, and accident prevention measures, and receive education and support in the application of such knowledge;
f) Develop preventive health care, parent guidance, and family planning education and services.
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
4. States Parties shall undertake to promote the full international cooperation with a view to the progressive 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
PERIODIC REVIEW OF INSTITUTIONALIZATION. The child who has been institutionalized by the competent authorities for his or her care, protection or treatment of physical or mental health has the right to a periodic review of all the circumstances that motivated his or her institutionalization.
States Parties recognize the right of the child who has been placed in an institution by 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 to which he or she is subjected and of all other circumstances relevant to his or her institutionalization.
Article 26
SOCIAL SECURITY. Every child has the right to benefit from Social Security.
1. States Parties shall recognize for every child the right to the benefit of social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with national legislation.
2. Benefits shall, where appropriate, be granted having regard to the resources and the situation of the child and persons responsible for the child, and any other consideration relevant to a benefit application made by or on behalf of the child.
Article 27
STANDARD OF LIVING. Every child has the right to benefit from a standard of living adequate for their development, and parents have the primary responsibility for providing it. The State has an obligation to take appropriate measures to ensure that this responsibility can be assumed and is in fact assumed, if necessary, through the payment of child support.
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. Parents or other persons responsible for the child have the primary responsibility of ensuring, within their abilities and financial means, the living conditions necessary for the child’s development.
3. States Parties shall take appropriate measures, in accordance with national conditions and within their means, to assist parents and other persons responsible for the child in the exercise of this right and, where necessary, 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 payment of child support by parents or other persons having financial responsibility for the child, whether they live in the State Party or abroad. In particular, where the person having financial responsibility for the child resides in a State different from that in which the child resides, States Parties shall promote the adherence to international conventions or the conclusion of such conventions, as well as the conclusion of any other appropriate arrangements.
Article 28
EDUCATION. Every child has the right to education, and it is the obligation of the State to ensure at least free and compulsory primary education. The application of school discipline shall respect the dignity of the child as a human person.
1. The States Parties recognize the right of the child to education and, with a view to achieving that right progressively and on the basis of equal opportunity, they shall in particular:
a) Make primary education compulsory and free for all;
b) Encourage the development, in the same conditions, of secondary education in its different forms and make them generally available and accessible to all and take 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 all appropriate means;
d) Make information and vocational guidance available to all children and ensure access to it;
e) Take measures to encourage regular attendance at schools and reduce dropout rates.
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.
3. States Parties shall promote and encourage international cooperation in matters of education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and to facilitating the access to technical knowledge and to modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.
Article 29
OBJECTIVES OF EDUCATION. The State must recognize that education must be oriented towards developing the child’s personality and abilities, in order to prepare them for an active adult life, instill respect for fundamental human rights, and develop respect for their own cultural and national values and those of civilizations different from their own.
1. The States Parties agree that the education of the child shall be directed to:
a) Developing the child’s personality, talents and mental and physical abilities to their fullest potential;
b) Instill in the child respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;
c) Instill in the child respect for his or her parents, his or her own cultural identity, language and values, for the national values of the country in which he or she is living, the country of origin and for civilizations different from his or her own;
d) Prepare the child for responsible life in a free society, in a spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;
e) Instilling respect for the natural environment in the child.
2. Nothing in the present article or in article 28 shall be construed as restricting the freedom of individuals and entities to establish and direct educational institutions, provided that the principles set forth in paragraph 1 of the present article are respected and that the education imparted in such institutions conforms to the minimum standards prescribed by the State.
Article 30
CHILDREN BELONGING TO MINORITIES OR INDIGENOUS POPULATIONS. It is the right of children belonging to minorities or indigenous populations to have their own cultural life, practice their own religion, and use their own language.
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such minorities or who is indigenous shall not be denied the right, in community with the other members of his group, to have his own cultural life, to profess and practice his own religion, or to use his own language.
Article 31
RECREATION, PLAY AND CULTURAL ACTIVITIES. The child has the right to recreation, play, and to participate in artistic and cultural activities.
1. States Parties recognize the right of the child to rest and leisure, to engage in play and other recreational activities appropriate to the child’s age and to participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to fully participate in cultural and artistic life and shall provide appropriate opportunities, in conditions of equality, for participation in cultural, artistic, recreational, and leisure activities.
Article 32
CHILD LABOR. It is the obligation of the State to protect children against the performance of any work harmful to their health, education, or development; to fix minimum ages for admission to employment and to regulate the conditions thereof.
1. States Parties shall protect the child from all forms of economic exploitation and from the performance of any work which is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or to his or her physical, mental, spiritual, moral or social development.
2. States Parties shall take all appropriate legislative, administrative, social and educational measures to ensure the effective implementation of the present article. To that end, and having regard to the relevant provisions of other international instruments, States Parties shall, in particular:
a) Provide for an appropriate legal framework, including the determination of a minimum age or ages for admission to employment.
b) Provide for a system of regulation of working hours and other conditions of employment.
c) They shall stipulate the penalties or other appropriate sanctions to ensure the effective application of this article.
Article 33
USE AND TRAFFICKING OF NARCOTICS. It is the child’s right to be protected from the use of narcotics and psychotropic substances, and they shall be prevented from being involved in the production or distribution of such substances.
States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children against 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
SEXUAL EXPLOITATION. Children have the right to be protected from sexual exploitation and abuse, including prostitution and their use in pornographic practices.
States Parties shall protect the child against all forms of sexual exploitation and sexual abuse. To this end States Parties shall 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 exploitation of a child in prostitution or other unlawful sexual practices;
c) The exploitation of the child in shows or pornographic materials.
Article 35
SALE, TRAFFICKING AND TRADE OF CHILDREN. It is the obligation of the State to take all necessary measures to prevent the sale, trafficking and trade of children.
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
OTHER FORMS OF EXPLOITATION. Every child shall have the right to be protected against all other forms of exploitation not covered by the relevant articles.
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspect of the child’s welfare.
Article 37
TORTURE AND DEPRIVATION OF LIBERTY. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment, capital punishment, life imprisonment or unlawful or arbitrary deprivation of liberty. All children deprived of their liberty shall be separated from adults unless it is considered not to be in their best interest, shall have the right to maintain contact with their families and shall have prompt access to available legal and other appropriate assistance.
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 conform to the law and shall be used 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 their 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, except in exceptional circumstances;
d) Every child deprived of 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 competent, independent and impartial court or other authority, and to a prompt decision on any such action.
Article 38
ARMED CONFLICTS. The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict entered into force in 2002 and establishes that States Parties shall take all feasible measures to ensure that no member of their armed forces under the age of 18 directly participates in hostilities.
1. States Parties undertake to respect and to ensure respect for the rules of international humanitarian law applicable to them in armed conflict, in relation to the child.
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities.
3. States Parties shall refrain from recruiting into the armed forces persons who have not attained the age of 15 years. In recruiting among those between 15 and 18 years of age, States Parties shall be sure to prioritize those who are oldest.
4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflict, States Parties shall take all feasible measures to ensure protection and care for children who are affected by an armed conflict.
Article 39
SOCIAL RECOVERY AND REINTEGRATION. It is the obligation of the State to take appropriate measures so that children who are victims of torture, armed conflicts, neglect, mistreatment, or exploitation receive appropriate treatment.
States Parties shall take all appropriate measures to promote the physical and psychological recovery and social reintegration of every 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 that fosters health, self-respect and the dignity of the child.
Article 40
JUVENILE JUSTICE ADMINISTRATION. Every child alleged as or accused of or found to have infringed the penal law or penal codes shall have the right to have his/her fundamental rights respected and, in particular, the right to legal assistance or other assistance in the preparation and presentation of his/her defence. Whenever possible, recourse to judicial proceedings and the institutionalization shall be avoided.
1. States Parties shall regard the age of the child as a determining factor in the application of the juvenile justice system. They shall promote the adoption of measures for dealing with the child in accordance with the fostering of his/her sense of dignity and worth, which will strengthen the child’s respect for the rights of others and for the fundamental freedoms of others, and which will take into account the child’s age and the importance of promoting the child’s reintegration and his/her assuming a constructive role in society.
2. To this end, and bearing in mind the relevant provisions of the international instruments, States Parties shall, in particular, ensure:
a) That no child shall be held to have infringed any criminal law for acts or omissions that were not prohibited by national or international law at the time that they were committed;
b) That every child alleged as or accused of infringing criminal law shall be guaranteed, at minimum, the following:
i) That he or she shall be presumed innocent until proven guilty according to law;
ii) To be informed without delay and directly, or, when appropriate, through his or her parents or legal representatives, of the charges against him or her, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;
iii) To have the cause heard without delay by a competent, independent and impartial authority or judicial body in a fair hearing in accordance with the law, in the presence of a legal or other appropriate counsel and, unless it is considered contrary to the child’s best interests, particularly taking into account his or her age or situation, and his or her parents or legal representatives;
iv) Not to be compelled to testify or to confess guilt, to examine or to have examined witnesses against him or her and to obtain the participation and examination of witnesses in his or her favour in conditions of equality;
v) If it is considered that he has indeed infringed the criminal laws, that this decision and any measure imposed as a consequence thereof, shall be submitted to a competent, independent and impartial higher judicial authority or body, in accordance with the law;
vi) That the child shall have the free assistance of an interpreter if he does not understand or does not speak the language used;
vii) That his private life shall be fully respected in all stages of the proceedings.
3. States Parties shall take all appropriate measures 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) In the event that it is appropriate and desirable, measures to deal with such children without resorting to judicial proceedings, the undertaking to respect human rights and legal safeguards being fully observed.
4. Various measures, such as care, guidance and supervision orders, counselling, probation and alternative care of children shall be provided in order to ensure that children are dealt with in a manner appropriate to their well-being, taking into account, in particular, all circumstances of the case and the circumstances of the child.
Article 41
RESPECT FOR EXISTING LEGAL PROVISIONS. Where provisions of this Convention are more conducive to the realization of the rights of the child than are provisions of relevant instruments of a binding nature on the subject, or of national law, the former provisions shall apply.
Nothing in the present Convention shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in:
a) The law of a State Party; or
b) International law in force with respect to that State.
PART II
Article 42
APPLICATION AND ENTRY INTO FORCE. The provisions of articles 42 to 54 include, among other things, the following points: i) The State’s obligation to widely publicize the principles and provisions of the Convention, to both adults and children. ii) The creation of a Committee on the Rights of the Child, composed of ten experts; responsible for examining the reports that States Parties to the Convention will submit within two years of the date of ratification and, thereafter, every five years. iii) Wide dissemination by States Parties of their reports in their respective countries. iv) The Committee may propose that studies be carried out on specific issues relating to the rights of the child and may transmit its recommendations to the States Parties concerned, as well as to the United Nations General Assembly. v) In order to “promote the effective implementation of the Convention and encourage international cooperation”, specialized agencies of the United Nations – such as the International Labour Organization (ILO), the World Health Organization (WHO), and the United Nations Educational, Scientific and Cultural Organization (UNESCO) – and UNICEF shall have the right to attend the meetings of the Committee. These agencies, as well as any other considered “competent”, including non-governmental organizations (NGOs) recognized in consultative status with the United Nations and United Nations agencies, such as the Office of the United Nations High Commissioner for Refugees (UNHCR), may submit relevant reports to the Committee and be invited to provide advice, in order to ensure the best possible implementation of the Convention.
States Parties shall make widely known the principles and provisions of the Convention by all appropriate and effective means, to adults and children alike.
Article 43
1. A Committee on the Rights of the Child shall be established, composed of ten independent experts of high moral standing and recognized competence in the field covered by the present Convention. Members shall be elected by States Parties, consideration being given to an equitable geographical distribution as well as to the principal legal systems.
2. The Committee shall be composed of eighteen members of high moral standing and recognized competence in the fields covered by this Convention.1/The members of the Committee shall be elected from among nationals of the States Parties and shall serve in their personal capacity, due account being taken of equitable geographical distribution and of the principal legal systems.
3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties. Each State Party may nominate one person chosen from among its own nationals.
4. The initial election shall be held no later than six months after the entry into force of this Convention and thereafter every two years. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall then prepare a list in alphabetical order of all the candidates nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties to this Convention.
5. Elections shall be held at a meeting of the States Parties convened by the Secretary-General at the Headquarters of the United Nations. At that meeting, for which the presence of two thirds of the States Parties shall constitute a quorum, the persons selected to become members of the Committee shall be those candidates obtaining the largest number of votes and an absolute majority of the votes of the representatives of the 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 President of the meeting at which it is held shall draw lots to determine the names of those five members.
7. If a member of the Committee dies, resigns or declares that for any other reason he or she cannot perform his or her duties on the Committee, the State Party which nominated that member shall nominate another expert from among its own nationals to serve for the remainder of his or her term, subject to the approval of the Committee.
8. The Committee shall adopt its own rules of procedure.
9. The Committee shall elect its Bureau for a term of two years.
10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined and reviewed, as necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.
11. The United Nations Secretary-General shall provide the necessary staff and services for the effective discharge of the functions of the Committee established under this Convention.
12. Subject to the approval of the General Assembly, the members of the Committee established under this 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 taken to give effect to the rights recognized in the Convention and on the progress made in the enjoyment of those rights:
a) Within two years of the date of entry into force of the present Convention for each State Party;
b) Every five years thereafter.
2. The reports prepared in accordance with this article shall indicate the circumstances and difficulties, if any, affecting the degree of fulfilment of the obligations arising under this Convention. They shall also contain sufficient information to provide the Committee with a full understanding of the implementation of the Convention in the country concerned.
3. States Parties which have submitted a full initial report to the Committee need not repeat in successive reports submitted in accordance with subparagraph (b) of paragraph 1 of this article the basic information previously supplied.
4. The Committee may request States Parties to provide further information with respect to the implementation of the Convention.
5. The Committee shall submit every two years to the General Assembly of the United Nations, through the Economic and Social Council, reports on its activities.
6. States Parties shall make their reports widely available to the public in their respective countries.
Article 45
With a view to promoting the effective implementation of the Convention and encouraging international co-operation in the field covered by the Convention:
a) Specialized agencies, the United Nations Children’s Fund and other United Nations bodies 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 specialized agencies, the United Nations Children’s Fund and other competent bodies as it may deem appropriate to provide expert advice on the implementation of the Convention in the sectors falling within the scope of their respective mandates. The Committee may invite specialized agencies, the United Nations Children’s Fund and other United Nations bodies to submit reports on the implementation of such provisions of the present Convention as fall within the scope of their activities;
b) The Committee shall, as it deems appropriate, transmit to the specialized agencies, the United Nations Children’s Fund and other competent bodies, the reports of the States Parties that contain a request for advice or technical assistance, or in which such a need is indicated, together with the Committee’s observations and suggestions, if any, on such requests or indications;
c) The Committee may recommend to the General Assembly that it 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 general suggestions and recommendations based on the information received in accordance with articles 44 and 45 of the present Convention. Such general suggestions and recommendations shall be transmitted to the States Parties concerned and shall be communicated to the General Assembly, together with the comments of the States Parties, if any.
PART III
Article 46
This Convention shall be open to the signature of all States.
Article 47
This Convention shall be subject to ratification. The 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 after the date on which the twentieth instrument of ratification or accession has been deposited with the Secretary-General of the United Nations.
2. For each State Party that ratifies, accepts, approves or accedes to this Convention after the twentieth instrument of ratification or accession has been deposited, this Convention shall enter into force on the thirtieth day after the deposit of its own instrument of ratification, acceptance, approval 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 the States Parties with a request that they indicate their views on the proposed amendment and whether they favour the convening of a conference of States Parties to consider the proposals, to adopt them by a two-thirds majority of the States Parties present and voting and to submit them to the General Assembly of the United Nations for approval.
2. Any amendment adopted in accordance with paragraph 1 of this 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 the States Parties.
3. When amendments enter into force, they shall be binding on the States Parties that have accepted them, while the other States Parties shall continue to be bound by the provisions of this Convention and by previous amendments 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. No reservation incompatible with the object and purpose of this Convention shall be permitted.
3. Any reservation may be withdrawn at any time by a notification to that effect addressed to the Secretary-General of the United Nations, who shall inform all States thereof. The withdrawal shall take effect on the date of the receipt of such notification by the Secretary-General.
Article 52
Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt by the Secretary-General.
Article 53
The Secretary-General of the United Nations shall be 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 WHEREOF, the undersigned plenipotentiaries, duly authorized thereto by their respective Governments, have signed the present Convention.
__________
- The General Assembly, in its resolution 50/155 of 21 December 1995, adopted the amendment to paragraph 2 of article 43 of the Convention on the Rights of the Child, replacing the word “ten” with the word “eighteen”. The amendment entered into force on 18 November 2002, the date on which it was accepted by two-thirds of the States Parties (128 out of 191).