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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
equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, 

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity
and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, 

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights,
proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, 

Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and
assistance, 

Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and
particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the
community, 

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an
atmosphere of happiness, love and understanding, 

Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the
Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, 

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924
and in the Declaration of the Rights of the Child adopted by the United Nations 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 ten) 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 cooperation for improving the living conditions of children in every country, in particular in the
    developing countries, 

    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
    proclamations. It reaffirms the fact that children, because of their vulnerability, need special care and protection, and it places special emphasis on
    the primary caring and protective responsibility of the family. It also reaffirms the need for legal and other protection of the child before and after
    birth, the importance of respect for the cultural values of the child's community, and the vital role of international cooperation in securing
    children's rights. 

    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
    child, majority is attained earlier. 

    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
    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. 

    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
    positive action to promote their rights. 

    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. 

    Best interests of the child 

    All actions concerning the child shall take full account of his or her best interests. The State shall provide the child with adequate care when
    parents, or others charged with that responsibility, fail to do so. 

    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 cooperation. 

    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
    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. 

    Parental guidance and the child's evolving capacities 

    The State must respect the rights and responsibilities of parents and the extended family to provide guidance for the child which is appropriate to
    her or his evolving capacities. 

    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
    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. 

    Name and nationality 

    The child has the right to a name at birth. The child also has the right to acquire a nationality and, as far as possible, to know his or her parents
    and be cared for by them. 

    Article 8 

    1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as
    recognized by law without unlawful interference. 

    2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and
    protection, with a view to speedily re-establishing his or her identity. 

    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
    family ties. 

    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 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.

    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
    right to maintain contact with both parents if separated from one or both. 

    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
    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. 

    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
    child-parent relationship. 

    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
    affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 

    2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting
    the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. 

    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
    child. 

    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. 

    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
    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. 

    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
    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. 

    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
    attacks on his or her honour and reputation. 

    2. The child has the right to the protection of the law against such interference or attacks. 

    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
    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 cooperation 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. 

    Access to appropriate information 

    The State shall ensure the accessibility to children of information and material from a diversity of sources, and it shall encourage the mass media
    to disseminate information which is of social and cultural benefit to the child, and take steps to protect him or her from harmful materials. 

    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. 

    Parental responsibilities 

    Parents have joint primary responsibility for raising the child, and the State shall support them in this. The State shall provide appropriate
    assistance to parents in child-raising. 

    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. 

    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
    social programmes for the prevention of abuse and the treatment of victims. 

    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, Kafala 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. 

    Protection of a child without family 

    The State is obliged to provide special protection for a child deprived of the family environment and to ensure that appropriate alternative family
    care or institutional placement is available in such cases. Efforts to meet this obligation shall pay due regard to the child's cultural background. 

    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 intercountry adoption enjoys safeguards and standards equivalent to those existing in the case of national
    adoption; 

    (d) Take all appropriate measures to ensure that, in intercountry 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. 

    Adoption 

    In countries where adoption is recognized and/or allowed, it shall only be carried out in the best interests of the child, and then only with the
    authorization of competent authorities, and safeguards for the child. 

    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, cooperation 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. 

    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
    organizations which provide such protection and assistance. 

    Article 23 

    1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity,
    promote self-reliance, and facilitate the child's active participation in the community. 

    2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available
    resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to
    the child's condition and to the circumstances of the parents or others caring for the child. 

    3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided
    free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to
    ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for
    employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual
    development, including his or her cultural and spiritual development. 

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

    Disabled children 

    A disabled child has the right to special care, education and training to help him or her enjoy a full and decent life in dignity and achieve the
    greatest degree of self-reliance and social integration possible. 

    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 breast-feeding, hygiene and environmental sanitation and the prevention of
    accidents; 

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

    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
    right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries. 

    Health and health services 

    The child has a right to the highest standard of health and medical care attainable. States shall place special emphasis on the provision of primary
    and preventive health care, public health education and the reduction of infant mortality. They shall encourage international cooperation in this
    regard and strive to see that no child is deprived of access to effective health services. 

    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. 

    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
    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. 

    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
    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. 

    Standard of living 

    Every child has the right to a standard of living adequate for his or her physical, mental, spiritual, moral and social development. Parents have the
    primary responsibility to ensure that the child has an adequate standard of living. The State's duty is to ensure that this responsibility can be
    fulfilled, and is. State responsibility can include material assistance to parents and their children. 

    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.2 

    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
    secondary education accessible to every child and to make higher education available to all on the basis of capacity. School discipline shall be
    consistent with the child's rights and dignity. The State shall engage in international co- operation to implement this right. 

    Article 29 

    1. States Parties agree that the education of the child shall be directed to: 

    (a) The development of the child's personality, talents and mental and physical abilities to their fullest potential; 

    (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United
    Nations; 

    (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country
    in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; 

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

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

    2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct
    educational institutions, subject always to the observance of the principles set forth in paragraph 1 of the present article and to the requirements
    that the education given in such institutions shall conform to such minimum standards as may be laid down by the State. 

    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
    child for an active adult life in a free society and foster respect for the child's parents, his or her own cultural identity, language and values, and for
    the cultural background and values of others. 

    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. 

    Children of minorities or indigenous populations 

    Children of minority communities and indigenous populations have the right to enjoy their own culture and to practise their own religion and
    language. 

    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. 

    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
    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 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
    employment and regulate working conditions. 

    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. 

    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
    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 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
    any purpose or in any form. 

    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,
    34 and 35. 

    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 18 years of age; 

    (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in
    conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; 

    (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which
    takes into account the needs of persons of his or her age. In particular every child deprived of liberty shall be separated from adults unless it is
    considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and
    visits, save in exceptional circumstances; 

    (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to
    challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a
    prompt decision on any such action. 

    Torture and deprivation of liberty 

    No child shall be subjected to torture, cruel treatment or punishment, unlawful arrest or deprivation of liberty. Both capital punishment and life
    imprisonment without the possibility of release are prohibited for offences committed by persons below 18 years. Any child deprived of liberty
    shall be separated from adults unless it is considered in the child's best interests not to do so. A child who is detained shall have legal and other
    assistance as well as contact with the family. 

    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 15 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 15 years into their armed forces. In recruiting among
    those persons who have attained the age of 15 years but who have not attained the age of 18 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. 

    Armed conflicts 

    States Parties shall take all feasible measures to ensure that children under 15 years of age have no direct part in hostilities. No child below 15
    shall be recruited into the armed forces. States shall also ensure the protection and care of children who are affected by armed conflict as
    described in relevant international law. 

    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. 

    Rehabilitative care 

    The State has an obligation to ensure that child victims of armed conflicts, torture, neglect, maltreatment or exploitation receive appropriate
    treatment for their recovery and social reintegration. 

    Article 40 

    1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner
    consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental
    freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming
    a constructive role in society. 

    2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that: 

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

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

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

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

    (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according
    to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular,
    taking into account his or her age or situation, his or her parents or legal guardians; 

    (iv) Not to be compelled to give testimony or to confess 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. 

    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. 

    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
    and aims at his or her reintegration into society. The child is entitled to basic guarantees as well as legal or other assistance for his or her defence.
    Judicial proceedings and institutional placements shall be avoided wherever possible. 

    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. 

    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,
    the higher standard shall always apply. 

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

    3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may
    nominate one person from among its own nationals. 

    4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and
    thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a
    letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in
    alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to
    the present Convention. 

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

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

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

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

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

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

    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 the United Nations resources on such terms and conditions as the Assembly may decide. 

    Article 44 

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

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

    (b) Thereafter every five years. 

    2. Reports made under the present article shall indicate factors and difficultie......(document exceeds length of page)


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