Downloaded from SAHRIT.

ORG

The United Nations

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,

1
Downloaded from SAHRIT.ORG

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

2
Downloaded from SAHRIT.ORG

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.

3
Downloaded from SAHRIT.ORG

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 re-establishing speedily his or her identity.

Article 9
1. States Parties shall ensure that a child shall not be separated from his
or her parents against their will, except when competent authorities
subject to judicial review determine, in accordance with applicable law and
procedures, that such separation is necessary for the best interests of the
child. Such determination may be necessary in a particular case such as
one involving abuse or neglect of the child by the parents, or one where
the parents are living separately and a decision must be made as to the
child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all

interested parties shall be given an opportunity to participate in the
proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from
one or both parents to maintain personal relations and direct contact with
both parents on a regular basis, except if it is contrary to the child's best
interests. 4. Where such separation results from any action initiated by a
State Party, such as the detention, imprisonment, exile, deportation or
death (including death arising from any cause while the person is in the

4
Downloaded from SAHRIT.ORG

custody of the State) of one or both parents or of the child, that State Party
shall, upon request, provide the parents, the child or, if appropriate,
another member of the family with the essential information concerning
the whereabouts of the absent member(s) of the family unless the
provision of the information would be detrimental to the well-being of the
child. States Parties shall further ensure that the submission of such a
request shall of itself entail no adverse consequences for the person(s)
concerned.

Article 10
1. In accordance with the obligation of States Parties under article 9,
paragraph 1, applications by a child or his or her parents to enter or leave
a State Party for the purpose of family reunification shall be dealt with by
States Parties in a positive, humane and expeditious manner. States
Parties shall further ensure that the submission of such a request shall
entail no adverse consequences for the applicants and for the members of
their family.

2. A child whose parents reside in different States shall have the right to
maintain on a regular basis, save in exceptional circumstances personal
relations and direct contacts with both parents. Towards that end and in
accordance with the obligation of States Parties under article 9, paragraph
1, States Parties shall respect the right of the child and his or her parents
to leave any country, including their own, and to enter their own country.
The right to leave any country shall be subject only to such restrictions as
are prescribed by law and which are necessary to protect the national
security, public order (ordre public), public health or morals or the rights
and freedoms of others and are consistent with the other rights recognized
in the present Convention.

Article 11
1. States Parties shall take measures to combat the illicit transfer and non-
return of children abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or

multilateral agreements or accession to existing agreements.

Article 12
1. States Parties shall assure to the child who is capable of forming his or
her own views the right to express those views freely in all matters
affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity
to be heard in any judicial and administrative proceedings affecting the

5
Downloaded from SAHRIT.ORG

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.

6
Downloaded from SAHRIT.ORG

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.

7
Downloaded from SAHRIT.ORG

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

8
Downloaded from SAHRIT.ORG

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

9
Downloaded from SAHRIT.ORG

in a manner conducive to the child's achieving the fullest possible social

integration and individual development, including his or her cultural and spiritual
development

4. States Parties shall promote, in the spirit of international cooperation, the

exchange of appropriate information in the field of preventive health care and of
medical, psychological and functional treatment of disabled children, including
dissemination of and access to information concerning methods of rehabilitation,
education and vocational services, with the aim of enabling States Parties to
improve their capabilities and skills and to widen their experience in these areas.
In this regard, particular account shall be taken of the needs of developing
countries.

Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest
attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is
deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular,
shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to
all children with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary
health care, through, inter alia, the application of readily available technology and
through the provision of adequate nutritious foods and clean drinking-water,
taking into consideration the dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are
informed, have access to education and are supported in the use of basic
knowledge of child health and nutrition, the advantages of breastfeeding, hygiene
and environmental sanitation and the prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning
education and services.

3. States Parties shall take all effective and appropriate measures with a view to
abolishing traditional practices prejudicial to the health of children.

10
Downloaded from SAHRIT.ORG

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.

11
Downloaded from SAHRIT.ORG

Article 28
1. States Parties recognize the right of the child to education, and with a view to
achieving this right progressively and on the basis of equal opportunity, they
shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education,

including general and vocational education, make them available and accessible
to every child, and take appropriate measures such as the introduction of free
education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every
appropriate means;

(d) Make educational and vocational information and guidance available and
accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction
of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school
discipline is administered in a manner consistent with the child's human dignity
and in conformity with the present Convention.

3. States Parties shall promote and encourage international cooperation in

matters relating to education, in particular with a view to contributing to the
elimination of ignorance and illiteracy throughout the world and facilitating access
to scientific and technical knowledge and modern teaching methods. In this
regard, particular account shall be taken of the needs of developing countries.

Article 29 General comment on its implementation

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;

12
Downloaded from SAHRIT.ORG

(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all
peoples, ethnic, national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere

with the liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principle set forth in
paragraph 1 of the present article and to the requirements that the education
given in such institutions shall conform to such minimum standards as may be
laid down by the State.

Article 30
In those States in which ethnic, religious or linguistic minorities or persons of
indigenous origin exist, a child belonging to such a minority or who is indigenous
shall not be denied the right, in community with other members of his or her
group, to enjoy his or her own culture, to profess and practise his or her own
religion, or to use his or her own language.

Article 31
1. States Parties recognize the right of the child to rest and leisure, to engage in
play and recreational activities appropriate to the age of the child and to
participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child to participate
fully in cultural and artistic life and shall encourage the provision of appropriate
and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 32
1. States Parties recognize the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to
interfere with the child's education, or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.

2. States Parties shall take legislative, administrative, social and educational

measures to ensure the implementation of the present article. To this end, and
having regard to the relevant provisions of other international instruments, States
Parties shall in particular: (a) Provide for a minimum age or minimum ages for
admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the effective
enforcement of the present article.

13
Downloaded from SAHRIT.ORG

Article 33
States Parties shall take all appropriate measures, including legislative,
administrative, social and educational measures, to protect children from the illicit
use of narcotic drugs and psychotropic substances as defined in the relevant
international treaties, and to prevent the use of children in the illicit production
and trafficking of such substances.

Article 34
States Parties undertake to protect the child from all forms of sexual exploitation
and sexual abuse. For these purposes, States Parties shall in particular take all
appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual

activity;

(b) The exploitative use of children in prostitution or other unlawful sexual

practices;

(c) The exploitative use of children in pornographic performances and materials.

Article 35
States Parties shall take all appropriate national, bilateral and multilateral
measures to prevent the abduction of, the sale of or traffic in children for any
purpose or in any form.

Article 36
States Parties shall protect the child against all other forms of exploitation
prejudicial to any aspects of the child's welfare.

Article 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

14
Downloaded from SAHRIT.ORG

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.

15
Downloaded from SAHRIT.ORG

2. To this end, and having regard to the relevant provisions of international

instruments, States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed
the penal law by reason of acts or omissions that were not prohibited by national
or international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at
least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if
appropriate, through his or her parents or legal guardians, and to have legal or
other appropriate assistance in the preparation and presentation of his or her
defence;

(iii) To have the matter determined without delay by a competent, independent

and impartial authority or judicial body in a fair hearing according to law, in the
presence of legal or other appropriate assistance and, unless it is considered not
to be in the best interest of the child, in particular, taking into account his or her
age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have

examined adverse witnesses and to obtain the participation and examination of
witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any
measures imposed in consequence thereof reviewed by a higher competent,
independent and impartial authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or
speak the language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings. 3.
States Parties shall seek to promote the establishment of laws, procedures,
authorities and institutions specifically applicable to children alleged as, accused
of, or recognized as having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed
not to have the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children
without resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected.

16
Downloaded from SAHRIT.ORG

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 competence in the field covered by this Convention. The members of
the Committee shall be elected by States Parties from among their nationals and
shall serve in their personal capacity, consideration being given to equitable
geographical distribution, as well as to the principal legal systems. (amendment)

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.

17
Downloaded from SAHRIT.ORG

5. The elections shall be held at meetings of States Parties convened by the

Secretary-General at United Nations Headquarters. At those meetings, for which
two thirds of States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties present
and voting.

6. The members of the Committee shall be elected for a term of four years. They
shall be eligible for re-election if renominated. The term of five of the members
elected at the first election shall expire at the end of two years; immediately after
the first election, the names of these five members shall be chosen by lot by the
Chairman of the meeting.

7. If a member of the Committee dies or resigns or declares that for any other
cause he or she can no longer perform the duties of the Committee, the State
Party which nominated the member shall appoint another expert from among its
nationals to serve for the remainder of the term, subject to the approval of the
Committee.

8. The Committee shall establish its own rules of procedure.

9. The Committee shall elect its officers for a period of two years.

10. The meetings of the Committee shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Committee.
The Committee shall normally meet annually. The duration of the meetings of the
Committee shall be determined, and reviewed, if necessary, by a meeting of the
States Parties to the present Convention, subject to the approval of the General
Assembly.

11. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the Committee
under the present Convention.

12. With the approval of the General Assembly, the members of the Committee
established under the present Convention shall receive emoluments from United
Nations resources on such terms and conditions as the Assembly may decide.

Article 44
1. States Parties undertake to submit to the Committee, through the Secretary-
General of the United Nations, reports on the measures they have adopted which
give effect to the rights recognized herein and on the progress made on the
enjoyment of those rights:

(a) Within two years of the entry into force of the Convention for the State Party
concerned;

18
Downloaded from SAHRIT.ORG

(b) Thereafter every five years.

2. Reports made under the present article shall indicate factors and difficulties, if
any, affecting the degree of fulfilment of the obligations under the present
Convention. Reports shall also contain sufficient information to provide the
Committee with a comprehensive understanding of the implementation of the
Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial report to the

Committee need not, in its subsequent reports submitted in accordance with
paragraph 1 (b) of the present article, repeat basic information previously
provided.

4. The Committee may request from States Parties further information relevant to
the implementation of the Convention.

5. The Committee shall submit to the General Assembly, through the Economic
and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their
own countries.

Article 45
In order to foster the effective implementation of the Convention and to
encourage international co-operation in the field covered by the Convention:

(a) The specialized agencies, the United Nations Children's Fund, and other
United Nations organs shall be entitled to be represented at the consideration of
the implementation of such provisions of the present Convention as fall within the
scope of their mandate. The Committee may invite the specialized agencies, the
United Nations Children's Fund and other competent bodies as it may consider
appropriate to provide expert advice on the implementation of the Convention in
areas falling within the scope of their respective mandates. The Committee may
invite the specialized agencies, the United Nations Children's Fund, and other
United Nations organs to submit reports on the implementation of the Convention
in areas falling within the scope of their activities;

(b) The Committee shall transmit, as it may consider appropriate, to the

specialized agencies, the United Nations Children's Fund and other competent
bodies, any reports from States Parties that contain a request, or indicate a need,
for technical advice or assistance, along with the Committee's observations and
suggestions, if any, on these requests or indications;

(c) The Committee may recommend to the General Assembly to request the
Secretary-General to undertake on its behalf studies on specific issues relating to
the rights of the child;

19
Downloaded from SAHRIT.ORG

(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.

20
Downloaded from SAHRIT.ORG

2. An amendment adopted in accordance with paragraph 1 of the present article

shall enter into force when it has been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States

Parties which have accepted it, other States Parties still being bound by the
provisions of the present Convention and any earlier amendments which they
have accepted.

Article 51
1. The Secretary-General of the United Nations shall receive and circulate to all
States the text of reservations made by States at the time of ratification or
accession.

2. A reservation incompatible with the object and purpose of the present

Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to that effect

addressed to the Secretary-General of the United Nations, who shall then inform
all States. Such notification shall take effect on the date on which it is received by
the Secretary-General

Article 52
A State Party may denounce the present Convention by written notification to the
Secretary-General of the United Nations. Denunciation becomes effective one
year after the date of receipt of the notification by the Secretary-General.

Article 53
The Secretary-General of the United Nations is designated as the depositary of
the present Convention.

Article 54
The original of the present Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations.

IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized

thereto by their respective governments, have signed the present Convention.

21