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Women & Children first

International Convention on the Rights of the Child

(Concluded on November 20, 1989 – Ratified in France on September 2, 1990)

In a Globalized World Peace Has No Alternative • 2011• Viktoriya Lyubka Pishmanova, Age 12 – Bulgaria

The International Convention on the Rights of the Child, adopted by the United Nations (UN) General Assembly on November 20, 1989, complements the Universal Declaration of Human Rights—which already refers to the rights of the child in Article 25—by taking into account the special status of children.

This is not the first international text on the rights of the child, since on May 17, 1923, the International Union for Child Welfare, founded in 1920, adopted a first “Declaration of the Rights of the Child” – known as the Geneva Declaration – which was taken up on September 26, 1924 by the Assembly of the League of Nations (League of Nations).
For their part, on December 11, 1946, the United Nations established the United Nations International Children’s Emergency Fund (UNICEF) and, on November 20, 1959, unanimously adopted a Declaration of the Rights of the Child by its 79 member states.

The Convention has the force of law for the signatory countries—only the United States and Somalia have not ratified it to date. It entered into force on September 2, 1990.
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, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, color, 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 proclaimed that children are entitled to special care and assistance,

Convinced that the family, as the fundamental unit of society and the natural environment for the growth and well-being of all its members, especially children, should be afforded the necessary protection and assistance so that it can fully perform its functions in the community,

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

Considering that it is important to prepare children fully for individual life in society and to bring them 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 accord special protection to children was 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 November 20, 1959, and that it has been recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular Articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular 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 stated in the Declaration of the Rights of the Child, “the child, by reason of his physical and intellectual 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 national and international adoption and placement, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict,

Recognizing that there are children in all countries of the world who live in particularly difficult conditions and that it is necessary to give these children special attention, Taking due account of the importance of the cultural traditions and values of each people in the protection and harmonious development of the child,

Recognizing the importance of international cooperation for the improvement of the living conditions of children in all countries, particularly in 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. The States Parties undertake to respect and to 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, color, sex, language, religion, political or other opinion of the child or his or her parents or legal guardians, 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 measures.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 functioning of institutions, services, and facilities responsible for the care and protection of children conforms to standards established by competent authorities, particularly in the areas of safety and health, the number and competence of their staff, and the existence of appropriate supervision.

Article 4

States Parties undertake to take all appropriate legislative, administrative, and other measures to implement the rights recognized in the present Convention. In the case of economic, social, and cultural rights, they shall take such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation.
Article 5
States Parties shall respect the responsibility, the right and duty of parents or, where applicable, members of the extended family or community as provided for by local custom, guardians or other persons legally responsible for the child, to provide the child, in a manner consistent with the child’s evolving capacities, with appropriate guidance and direction in the exercise of the rights recognized in the present Convention.

Article 6

  1. States Parties recognize that every child has the inherent right to life.
    2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 7

  1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.
    2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under relevant international instruments, in particular in cases where the child would otherwise be stateless.

Article 8

  1. States Parties shall 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. If a child is illegally deprived of some or all of the elements of his or her identity, the States Parties shall provide appropriate assistance and protection, with a view to reestablishing his or her identity as quickly as possible.

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 a decision may be necessary in specific cases, for example where the parents abuse or neglect the child, or where they live separately and a decision must be made as to the child’s place of residence.
    2. In all cases provided for in paragraph 1 of this article, all interested parties shall be given the opportunity to participate in the proceedings and to express their views.
    3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.
    4. Where the separation results from measures taken by a State party, such as detention, imprisonment, exile, expulsion, or death (including death in custody, regardless of the cause) of one or both parents or the child, the State party shall, upon request, provide the parents, the child, or, where appropriate, another member of the family with essential information on the whereabouts of the family member or members, unless disclosure of such information would be detrimental to the well-being of the child. States Parties shall also ensure that the making of such a request does not in itself adversely affect the person or persons concerned.

Article 10

  1. In accordance with the obligation incumbent upon States Parties under Article 9, paragraph 1, any request made by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be considered by States Parties in a positive, humane, and expeditious manner. States Parties shall also ensure that the making of such a request does not entail adverse consequences for the applicants and their family members.
    2. A child whose parents reside in different States shall, except in exceptional circumstances, have the right to maintain personal relations and direct, regular contact with both parents. To this end, and in accordance with the obligation of States Parties under paragraph 1 of article 9, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to return to their own country. The right to leave any country may be subject only to restrictions prescribed by law that are necessary to protect national security, public order, public health or morals, or the rights and freedoms of others, and that are consistent with the other rights recognized in this 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 the 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 given the opportunity to be heard in any judicial or administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13

  1. The child has the right to freedom of expression. This right includes the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, in oral, written, printed, or artistic form, or through any other media of the child’s choice.
    2. The exercise of this right may be subject only to such restrictions as are prescribed 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, 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 or, when applicable, the legal guardians of 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 this article.
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. The exercise of these rights may be subject only to such restrictions as are prescribed by law and are necessary in a democratic society in the interests of national security, public safety, or public order, or for the protection of public health or morals or 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 honor and reputation.
    2. The child has the right to the protection of the law against such interference or attacks.

Article 17

States Parties recognize the important role played by the 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 promoting his or her social, spiritual, and moral well-being and physical and mental health. To this end, States Parties shall:

  1. a) encourage the media to disseminate information and materials 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 materials from different cultural, national, and international sources;
    c) encourage the production and dissemination of children’s books;
    d) encourage the media to take particular account of the linguistic needs of indigenous children or children belonging to minority groups; e) promote the development of appropriate guidelines to protect children from information and materials harmful to their well-being, taking into account 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. The responsibility for raising the child and ensuring his or her development lies primarily with the parents or, where applicable, the child’s legal representatives. They must be guided above all by the best interests of the child.2. To guarantee and promote the rights set forth in this Convention, States Parties shall provide appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities, and services for the care of children.
    3. States Parties shall take all appropriate measures to ensure that children whose parents are working have the right to benefit from childcare services and facilities for which they are eligible.

Article 19

  1. States Parties shall take all appropriate legislative, administrative, social, and educational measures to protect the child from all forms of physical or mental violence, injury, or abuse, neglect or negligent treatment, maltreatment, or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s), or any other person who has the care of the child.
    2. These protective measures shall include, as appropriate, effective procedures for the establishment of social programs to provide necessary support for the child and those to whom the child is entrusted, as well as for other forms of prevention, and for the identification, reporting, referral, investigation, treatment, and follow-up of cases of child abuse described above, and shall also include, where appropriate, procedures for judicial intervention.

Article 20

  1. Every child who is temporarily or permanently deprived of his or her family environment, or who in his or her 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 provide for such a child alternative care in accordance with their national law.
    3. Such alternative care may include placement with a family, kafalah of Islamic law, adoption, or, if necessary, placement in a suitable children’s home. In choosing between these solutions, due consideration shall be given to the need for continuity in the child’s upbringing and to the child’s ethnic, religious, cultural, and linguistic background.

Article 21

States Parties that permit and/or authorize adoption shall ensure that the best interests of the child are the paramount consideration in matters relating to adoption, and shall:

  1. (a) Ensure that the adoption of a child is authorized only by the competent authorities, which shall verify, in accordance with applicable law and procedures and on the basis of all reliable information concerning the case, that the adoption may take place in view of the child’s situation in relation to his or her parents, parents and legal guardians and that, where applicable, the persons concerned have given their informed consent to the adoption, after obtaining the necessary advice;
    (b) recognize that adoption abroad may be considered as another means of ensuring the necessary care for the child, if the child cannot be placed in a foster or adoptive family or be adequately raised in his or her country of origin;
    c) ensure, in the case of adoption abroad, that the child benefits from safeguards and standards equivalent to those existing in the case of domestic adoption;
    d) take all appropriate measures to ensure that, in the case of adoption abroad, the placement of the child does not result in undue material gain for those responsible for it;
    e) pursue the objectives of this article by concluding bilateral or multilateral arrangements or agreements, as appropriate, and endeavor in this context to ensure that placements of children abroad are made by competent authorities or bodies.

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, whether unaccompanied or accompanied by his or her parents or any other person, receive appropriate protection and humanitarian assistance to enable them to enjoy the rights set forth in this Convention and other international human rights or humanitarian instruments to which the said States are parties.
    2. To this end, the States Parties shall cooperate, as they deem necessary, in all efforts made by the United Nations and other competent intergovernmental or non-governmental organizations working with the United Nations to protect and assist children in such situations and to search for the parents or other family members of any refugee child in order to obtain the information necessary for reuniting him or her with his or her family. Where neither the father nor the mother nor any other member of the family can be found, the child shall be accorded, in accordance with the principles set forth in this Convention, the same protection as any other child who is permanently or temporarily deprived of his or her family environment for any reason.

Article 23

  1. States Parties recognize that mentally or physically disabled children should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate their active participation in the community.
    2. States Parties recognize the right of disabled children to special care and shall encourage and ensure, within the limits of available resources, the provision, upon request, of assistance appropriate to the condition of the child and the situation of his or her parents or those who have custody of him or her.
    3. In view of the special needs of children with disabilities, the assistance provided in accordance with paragraph 2 of this article shall be free of charge whenever possible, taking into account the financial resources of their parents or those responsible for their care, and shall be designed to ensure that children with disabilities have effective access to education, training, health care, rehabilitation, preparation for employment, and recreational activities, and benefit from these services in a manner that ensures their fullest possible social integration and personal development, including in the cultural and spiritual fields.
    4. In a spirit of international cooperation, the States Parties shall promote the exchange of relevant information in the field of preventive health care and medical, psychological and functional care for children with disabilities, including through the dissemination of information on rehabilitation methods and vocational training services, as well as access to such data, with a view to enabling States Parties to improve their capacities and skills and broaden their experience in these areas. In this regard, particular consideration shall be given to 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. They shall strive to ensure that no child is deprived of the right of access to such health care services.
    2. States Parties shall strive to ensure the full realization of the above right and, in particular, shall take appropriate measures to:
  2. a) reduce infant and child mortality;
    b) ensure that all children have access to the necessary medical assistance and health care, with emphasis on the development of primary health care;
    c) combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution;
    d) ensure appropriate pre- and post-natal care for mothers;
    e) ensuring that all groups in society, particularly parents and children, receive information on child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation, and accident prevention, and are given assistance in making use of this information;
    f) Develop preventive health care, parental guidance, and family planning education and services.
  3. States Parties shall take all appropriate effective measures to abolish traditional practices prejudicial to the health of children.
    4. States Parties undertake to promote and encourage international cooperation with a view to securing 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 the 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 periodic review of the treatment provided and of the circumstances under which he or she is placed.

Article 26

  1. States Parties recognize the right of every child to social security benefits, including social insurance, and shall take the necessary measures to ensure the full realization of this right in accordance with their national law.
    2. Benefits shall, where appropriate, be granted taking into account the resources and circumstances of the child and the persons responsible for his or her maintenance, as well as any other relevant factors in the application for benefits made by or on behalf of the child.

Article 27

  1. The States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral, and social development.
    2. Parents or others taking care of 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 shall take appropriate measures, in accordance with national conditions and within their means, to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programs, especially with regard to nutrition, clothing, and housing.
    4. States Parties shall take all appropriate measures to ensure the recovery of maintenance for the child from his or her parents or other persons having financial responsibility for the child, whether within their own territory or abroad. In particular, to address cases where the person who has financial responsibility for the child lives in a State other than that of the child, States Parties shall promote the accession to or conclusion of international agreements and the adoption of any other appropriate arrangements.

    4. States Parties shall take all appropriate measures to secure the recovery of child support from the parents or other persons having financial responsibility for the child, whether within their territory or abroad. In particular, to address cases where the person who has financial responsibility for the child lives in a State other than that of the child, States Parties shall promote the accession to or conclusion of international agreements and the adoption of any other appropriate arrangements.

Article 28

  1. States Parties recognize the right of the child to education, and with a view to ensuring the exercise of this right progressively and on the basis of equal opportunity, they shall, in particular:
  2. (a) Make primary education compulsory and available free to all;
    (b) They shall encourage the development of various forms of secondary education, including general secondary education and vocational education, make them open and accessible to every child, and take appropriate measures, such as the introduction of free education and the provision of financial assistance in case of need;
    (c) They shall ensure access to higher education for all, on the basis of capacity, by all appropriate means;

    d) make educational and vocational information and guidance available and accessible to all children;
    e) take measures to encourage regular attendance at school and the reduction of dropout rates.

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

Article 29

  1. The States Parties agree that the education of the child should be directed to:
  2. a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential;
    (b) To enable the child to develop respect for human rights and fundamental freedoms, and for the principles embodied in the Charter of the United Nations;

    c) instill in the child respect for his or her parents, identity, language, and cultural values, as well as respect for the national values of the country in which he or she lives, the country from which he or she may originate, and civilizations different from his or her own;
    d) prepare children to assume the responsibilities of life in a free society, in a spirit of understanding, peace, tolerance, equality between the sexes, and friendship among all peoples and ethnic, national, and religious groups, and with persons of indigenous origin;
    e) instill in the child respect for the natural environment.

  3. Nothing in this article or in article 28 shall be construed to impair the freedom of natural or legal persons to establish and direct educational institutions, provided that the principles set forth in paragraph 1 of this article are observed and that the education provided in such institutions conforms to the minimum standards prescribed by the State.

Article 30

In States where there are ethnic, religious, or linguistic minorities or persons of indigenous origin, 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 practice 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, recreational, artistic, and educational 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 this article. To this end, and taking into account the relevant provisions of other international instruments, States Parties shall, in particular:
  2. a) establish a minimum age or minimum ages for admission to employment;
    (b) provide for appropriate regulation of working hours and conditions of employment;
    (c) provide for appropriate penalties or other sanctions to ensure the effective implementation of this article.

Article 33

States Parties shall take all appropriate measures, including legislative, administrative, social, and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances, as defined in the relevant international conventions, and to prevent the use of children in the illicit production and trafficking of such substances.
Article 34
States Parties shall 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:

  1. a) Children from being induced or coerced into engaging in any unlawful sexual activity;
    b) Children from being exploited for prostitution or other unlawful sexual practices;
    c) Children from being exploited in the production of pornographic performances or materials.

Article 35

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

Article 36

States Parties shall protect the child from all other forms of exploitation prejudicial to any aspect of the child’s well-being.
Article 37
States Parties shall ensure that:

  • (a) No child shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offenses committed by persons below eighteen years of age;
    (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention, or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.
    (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so, and shall have the right to maintain contact with his or her family through correspondence and visits, except in exceptional circumstances;
    (d) Children deprived of their liberty have the right to prompt access to legal or other appropriate assistance, as well as the right to challenge the legality of their deprivation of liberty before a court or other
    d) children deprived of their liberty have the right to prompt access to legal or other appropriate assistance, as well as the right to challenge the legality of their deprivation of liberty before a court or other competent, independent, and impartial authority, and to have a prompt decision on the matter.

    Article 38

    1. States Parties undertake to respect and ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the protection of children.
      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. The States Parties shall refrain from recruiting into their armed forces any person who has not attained the age of fifteen years. When recruiting persons who have attained the age of fifteen years but are under the age of eighteen years, the States Parties shall endeavor to give priority to those who are oldest.
      4. In accordance with their obligation under international humanitarian law to protect the civilian population in the event of armed conflict, States Parties shall take all feasible measures to ensure that children affected by armed conflict receive protection and care.

    Article 39

    States Parties shall take all appropriate measures to facilitate the physical and psychological recovery and social reintegration of any 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 conflict. Such rehabilitation and reintegration shall take place in conditions which promote the health, self-respect, and dignity of the child.

    Article 40

    1. States Parties shall 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 into society 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:
    2. (a) That no child shall be suspected, accused, or convicted of a criminal offense on account of acts or omissions that were not prohibited by national or international law at the time they were committed;
      b) That every child suspected or accused of breaking the law should have at least the following rights:
      I / to be presumed innocent until proven guilty according to law;
      II / to be informed promptly and directly of the charges against them, or, where appropriate, through their parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of their defense;
      III / have their case heard without delay by a competent, independent, and impartial authority or judicial body, in accordance with a fair procedure under the law, in the presence of their legal counsel or other representative and, unless this is deemed contrary to the best interests of the child, particularly in view of their age or situation, in the presence of their parents or legal representatives;
      IV / not to be compelled to testify or to confess guilt; to examine or have examined witnesses against him or her, and to obtain the attendance and examination of witnesses on his or her behalf under conditions of equality;
      V / if found guilty of a criminal offense, to appeal the decision and any measures taken as a result before a competent, independent, and impartial higher authority or judicial body, in accordance with the law;
      VI / to have the free assistance of an interpreter if he or she cannot understand or speak the language used;
      VII / have their privacy fully respected at all stages of the proceedings.
    3. States Parties shall endeavor to promote the adoption of laws, procedures, authorities, and institutions specifically designed for children suspected, accused, or convicted of infringing the criminal law, and in particular:
    4. (a) Establishing a minimum age below which children shall be presumed not to have the capacity to infringe the criminal law;
      (b) Taking measures, whenever possible and desirable, to deal with such children without resorting to judicial proceedings, it being understood, however, that human rights and legal safeguards must be fully respected.
    5. A range of measures, including care, guidance and supervision, counseling, probation, foster care, general and vocational education programs, and non-institutional solutions, shall be provided to ensure that children are treated in a manner consistent with their well-being and proportionate to their situation and the offense.

    Article 41

    Nothing in this Convention shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in:

    1. a) In the legislation of a State Party; or
      b) In international law in force for that State.

    PART II

    Article 42

    States Parties undertake to make the principles and provisions of the present Convention widely known, by appropriate and effective means, to adults as well as to children.
    Article 43
    For the purpose of examining the progress made by the States Parties in the implementation of their obligations under 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 character and recognized competence in the field covered by this Convention. Its members shall be elected by the States Parties from among their nationals and shall serve in their personal capacity, taking into account the need to ensure equitable geographical distribution and taking into account the principal legal systems.
    3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties. Each State Party may nominate one candidate from among its nationals.
    4. The first election shall be held within six months of the date of entry into force of this Convention. Elections shall thereafter be held every two years. At least four months before the date of each election, the Secretary-General of the United Nations shall invite in writing the States Parties to submit their nominations within two months. The Secretary-General shall then draw up an alphabetical list of the candidates so nominated, indicating the States Parties that nominated them, and shall communicate it to the States Parties to this Convention.
    5. Elections shall be held at meetings of the States Parties convened by the Secretary-General at United Nations Headquarters. At these meetings, for which a quorum shall consist of two-thirds of the States Parties, the candidates 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 the States Parties present and voting.
    6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if their candidacy is resubmitted. The term of office of five of the members elected at the first election shall expire after two years. The names of these five members shall be chosen by lot by the chairperson of the meeting immediately after the first election.
    7. In the event of the death or resignation of a member of the Committee, or if, for
    6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if their candidacy is resubmitted. The term of office of five of the members elected at the first election shall expire after two years. The names of these five members shall be drawn by lot by the chairperson of the meeting immediately after the first election.
    7. In the event of the death or resignation of a member of the Committee, or if, for any other reason, a member declares that he or she is no longer able to perform his or her duties on the Committee, the State Party that nominated him or her shall appoint another expert from among its nationals to fill the vacancy until the end of the term of office, subject to the approval of the Committee.
    8. The Committee shall adopt its rules of procedure.
    9. The Committee shall elect its officers for a term of two years.
    10. The meetings of the Committee shall normally be held at the headquarters of the United Nations or at any other suitable place determined by the Committee. The Committee shall normally meet annually. The duration of its sessions shall be determined and modified, if necessary, by a meeting of the States Parties to this Convention, subject to the approval of the General Assembly.
    11. The Secretary-General of the United Nations shall provide the Committee with the staff and facilities necessary for the effective performance of its functions under this Convention.
    12. The members of the Committee established under this Convention shall, with the approval of the General Assembly, receive emoluments from the resources of the United Nations under conditions and in a manner to be determined by the General Assembly.

    Article 44

    1. The States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted to give effect to the rights recognized in this Convention and on the progress made in the enjoyment of those rights: (a) Within two years from the date of entry into force of this Convention for the States Parties concerned; (b) Thereafter, every five years.
      2. The reports prepared in accordance with this article shall, where appropriate, indicate the factors and difficulties preventing the States Parties from fully complying with the obligations set forth in this Convention. They shall also contain sufficient information to enable the Committee to form a clear picture of the implementation of the Convention in the country concerned.
      3. States Parties that have submitted a complete initial report to the Committee need not repeat in subsequent reports submitted to the Committee in accordance with paragraph 1(b) of this article the basic information previously provided.
      4. The Committee may request from States parties any additional information relating to the implementation of the Convention.
      5. The Committee shall submit a report on its activities to the General Assembly every two years through the Economic and Social Council.
      6. The States Parties shall ensure that their reports are widely disseminated within their own countries.

    Article 45

    In order to promote the effective implementation of the Convention and to encourage international cooperation in the field covered by the Convention:

    1. (a) The specialized agencies, the United Nations Children’s Fund and other organs of the United Nations shall have the right to be represented at the examination of the implementation of the provisions of the present Convention which fall within their mandate. The Committee may invite specialized agencies, the United Nations Children’s Fund, and any other bodies it deems appropriate to provide expert advice on the implementation of the Convention in areas falling within their respective mandates. It may invite specialized agencies, the United Nations Children’s Fund, and other United Nations bodies to submit reports to it on the implementation of the Convention in the areas falling within their fields of activity.
      (b) The Committee shall transmit, if it deems it necessary, to the specialized agencies, the United Nations Children’s Fund, and other competent bodies any report from a State Party containing a request for or indicating a need for technical advice or assistance, together with, where appropriate, the observations and suggestions of the Committee concerning such request or indication;
      (c) The Committee may recommend to the General Assembly that it request the Secretary-General to undertake studies on specific issues relating to the rights of the child for the Committee.
      d) The Committee may make general suggestions and recommendations based on the information received under articles 44 and 45 of the present Convention. Such general suggestions and recommendations shall be transmitted to all interested States Parties and brought to the attention of the General Assembly, together with, where appropriate, the observations of the States Parties.

    PART III

    Article 46

    This Convention shall be open for signature by all States.

    Article 47

    This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

    Article 48

    This Convention shall remain open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
    Article 49
    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 this 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 that State of its instrument of ratification or accession.

Article 50

  1. Any State Party may propose an amendment and submit the text thereof to the Secretary-General of the United Nations. The Secretary-General shall then communicate the proposed amendment to the States Parties, requesting them to inform him whether they are in favor of convening a conference of States Parties to consider the proposal and vote on it. If, within four months of the date of such communication, at least one-third of the States Parties are in favor of convening such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.
    2. Any amendment adopted in accordance with paragraph 1 of this article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties.
    3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it, while the other States Parties shall remain bound by the provisions of this Convention and any earlier amendments they have accepted.

Article 51

  1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.
    2. No reservation incompatible with the object and purpose of this Convention shall be permitted.
    3. Reservations may be withdrawn at any time by notification addressed to the Secretary-General of the United Nations, who shall inform all States Parties to the Convention. The notification shall take effect on the date on which it is received by the Secretary-General.

Article 52

Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date on which the notification is received by the Secretary-General.

Article 53

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

IN WITNESS WHEREOF the undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.

[Convention adopted and opened for signature, ratification, and accession by the United Nations General Assembly in its Resolution 44/25 of November 20, 1989. Entered into force on September 2, 1990, in accordance with Article 49.]