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Child Rights Convention CHILD RIGHTS CONVENTION: 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 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 Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and 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 Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an 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 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 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 Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the Recognizing the importance of international cooperation for improving the living conditions of children in every country, in particular in the Have agreed as follows: Unofficial Summary The preamble recalls the basic principles of the United Nations and specific provisions of certain relevant human rights treaties and PART I: Substantive Provisions Article 1 For the purposes of the present Convention, a child means every human being below the age of 18 years unless, under the law applicable to the Unofficial Summary Definition of a child A child is recognized as a person under 18, unless national laws recognize the age of majority 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. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the Non-discrimination All rights apply to all children without exception. It is the State's obligation to protect children from any form of discrimination and to take Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or 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 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the Best interests of the child All actions concerning the child shall take full account of his or her best interests. The State shall provide the child with adequate care when Article 4 States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the Implementation of rights The State must do all it can to implement the rights contained in the Convention. Article 5 States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or Parental guidance and the child's evolving capacities The State must respect the rights and responsibilities of parents and the extended family to provide guidance for the child which is appropriate to 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. Survival and development Every child has the inherent right to life, and the State has an obligation to ensure the child's survival and development. 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 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant Name and nationality The child has the right to a name at birth. The child also has the right to acquire a nationality and, as far as possible, to know his or her parents 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 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 Preservation of identity The State has an obligation to protect, and if necessary, re- establish basic aspects of the child's identity. This includes name, nationality and 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 2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the 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 4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death Separation from parents The child has a right to live with his or her parents unless this is deemed to be incompatible with the child's best interests. The child also has the Article ten 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 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal Family reunification Children and their parents have the right to leave any country and to enter their own for purposes of reunion or the maintenance of the 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. Illicit transfer and non-return The State has an obligation to prevent and remedy the kidnapping or retention of children abroad by a parent or third party. 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 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting The child's opinion The child has the right to express his or her opinion freely and to have that opinion taken into account in any matter or procedure affecting the 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 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. Freedom of expression The child has the right to express his or her views, obtain information, make ideas or information known, regardless of frontiers. 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 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 Freedom of thought, conscience and religion The State shall respect the child's right to freedom of thought, conscience and religion, subject to appropriate parental guidance. 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 Freedom of association Children have a right to meet with others, and to join or form associations. 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 2. The child has the right to the protection of the law against such interference or attacks. Protection of privacy Children have the right to protection from interference with privacy, family, home and correspondence, and from libel or slander. Article 17 States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit (b) Encourage international cooperation in the production, exchange and dissemination of such information and material from a diversity of (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 Access to appropriate information The State shall ensure the accessibility to children of information and material from a diversity of sources, and it shall encourage the mass media Article 18 1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the 2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance 3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services Parental responsibilities Parents have joint primary responsibility for raising the child, and the State shall support them in this. The State shall provide appropriate Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary Protection from abuse and neglect The State shall protect the child from all forms of maltreatment by parents or others responsible for the care of the child and establish appropriate 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 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, Kafala of Islamic law, adoption, or if necessary placement in suitable institutions for the Protection of a child without family The State is obliged to provide special protection for a child deprived of the family environment and to ensure that appropriate alternative family 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 (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and (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 (c) Ensure that the child concerned by intercountry adoption enjoys safeguards and standards equivalent to those existing in the case of national (d) Take all appropriate measures to ensure that, in intercountry adoption, the placement does not result in improper financial gain for those (e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and Adoption In countries where adoption is recognized and/or allowed, it shall only be carried out in the best interests of the child, and then only with the 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 2. For this purpose, States Parties shall provide, as they consider appropriate, cooperation in any efforts by the United Nations and other Refugee children Special protection shall be granted to a refugee child or to a child seeking refugee status. It is the State's obligation to co- operate with competent 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, 2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided 4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health Disabled children A disabled child has the right to special care, education and training to help him or her enjoy a full and decent life in dignity and achieve the 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 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: (a) To diminish infant and child (b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health (c) To combat disease and malnutrition including within the framework of primary health care, through inter alia the application of readily (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 (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 practises prejudicial to the health of children. 4. States Parties undertake to promote and encourage international cooperation with a view to achieving progressively the full realization of the Health and health services The child has a right to the highest standard of health and medical care attainable. States shall place special emphasis on the provision of primary 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 Periodic review of placement A child who is placed by the State for reasons of care, protection or treatment is entitled to have that placement evaluated regularly. 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 2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having Social security The child has the right to benefit from social security including social insurance. 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 2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the 3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others 4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having Standard of living Every child has the right to a standard of living adequate for his or her physical, mental, spiritual, moral and social development. Parents have the 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 (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 (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 3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to Education The child has a right to education, and the State's duty is to ensure that primary education is free and compulsory, to encourage different forms of Article 29 1. States Parties agree that the education of the child shall be directed to: (a) The development of the child's personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United (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 (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and (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 Aims of education Education shall aim at developing the child's personality, talents and mental and physical abilities to the fullest extent. Education shall prepare the 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 Children of minorities or indigenous populations Children of minority communities and indigenous populations have the right to enjoy their own culture and to practise their own religion and 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 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 Leisure, recreation and cultural activities The child has the right to leisure, play and participation in cultural and artistic activities. 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 2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this (a) Provide for a minimum age or minimum ages for admissions 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. Child labour The child has the right to be protected from work that threatens his or her health, education or development. The State shall set minimum ages for Article 33 States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the Drug abuse Children have the right to protection from the use of narcotic and psychotropic drugs, and from being involved in their production or distribution. 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 (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 practises; (c) The exploitative use of children in pornographic performances and materials. Sexual exploitation The State shall protect children from sexual exploitation and abuse, including prostitution and involvement in pornography. 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 Sale, trafficking and abduction It is the State's obligation to make every effort to prevent the sale, trafficking and abduction of children. Article 36 States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare. Other forms of exploitation The child has the right to protection from all forms of exploitation prejudicial to any aspects of the child's welfare not covered in articles 32, 33, 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 (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 (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 (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 Torture and deprivation of liberty No child shall be subjected to torture, cruel treatment or punishment, unlawful arrest or deprivation of liberty. Both capital punishment and life 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 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 3. States Parties shall refrain from recruiting any person who has not attained the age of 15 years into their armed forces. In recruiting among 4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties Armed conflicts States Parties shall take all feasible measures to ensure that children under 15 years of age have no direct part in hostilities. No child below 15 Article 39 States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any Rehabilitative care The State has an obligation to ensure that child victims of armed conflicts, torture, neglect, maltreatment or exploitation receive appropriate 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 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 (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 (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according (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 (v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher (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 (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 4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training Administration of juvenile justice A child in conflict with the law has the right to treatment which promotes the child's sense of dignity and worth, takes the child's age into account 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 (a) The law of a State Party; or (b) International law in force for that State. Respect for higher standards Wherever standards set in applicable national and international law relevant to the rights of the child that are higher than those in this Convention, PART II: Implementation and Monitoring Article 42 States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and 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 2. The Committee shall consist of 10 experts of high moral standing and recognized competence in the field covered by this Convention. The 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 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 5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, 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 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, 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 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of 12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive 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 (a) Within two years of the entry into force of the Convention for the State Party concerned, (b) Thereafter every five years. 2. Reports made under the present article shall indicate factors and difficultie......(document exceeds length of page)
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