Convention on the Rights of the Child

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Convention on the Rights of the ChildAdopted and opened for signature, ratification and accession by General Assemblyresolution 44/25 of 20 November 1989entry into force 2 September 1990, in accordance with article 49PreambleThe 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 humanfamily 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 infundamental human rights and in the dignity and worth of the human person, and have determined topromote 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 theInternational Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all therights 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 thatchildhood is entitled to special care and assistance,Convinced that the family, as the fundamental group of society and the natural environment for thegrowth and well-being of all its members and particularly children, should be afforded the necessaryprotection 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, shouldgrow 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 upin the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spiritof 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 GenevaDeclaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adoptedby the General Assembly on 20 November 1959 and recognized in the Universal Declaration of HumanRights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), inthe International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and inthe statutes and relevant instruments of specialized agencies and international organizationsconcerned with the welfare of children,Bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the child, by reason ofhis physical and mental immaturity, needs special safeguards and care, including appropriate legalprotection, before as well as after birth”,Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection andWelfare of Children, with Special Reference to Foster Placement and Adoption Nationally andInternationally; 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 andArmed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionallydifficult conditions, and that such children need special consideration,2Taking due account of the importance of the traditions and cultural values of each people for theprotection 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 thedeveloping countries,Have agreed as follows:PART IArticle 1For the purposes of the present Convention, a child means every human being below the age ofeighteen years unless under the law applicable to the child, majority is attained earlier.Article 21. States Parties shall respect and ensure the rights set forth in the present Convention to each childwithin their jurisdiction without discrimination of any kind, irrespective of the child’s or his or herparent’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 allforms of discrimination or punishment on the basis of the status, activities, expressed opinions, orbeliefs of the child’s parents, legal guardians, or family members.Article 31. In all actions concerning children, whether undertaken by public or private social welfareinstitutions, courts of law, administrative authorities or legislative bodies, the best interests of the childshall be a primary consideration.2. States Parties undertake to ensure the child such protection and care as is necessary for his or herwell-being, taking into account the rights and duties of his or her parents, legal guardians, or otherindividuals legally responsible for him or her, and, to this end, shall take all appropriate legislative andadministrative measures.3. States Parties shall ensure that the institutions, services and facilities responsible for the care orprotection 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 ascompetent supervision.Article 4States Parties shall undertake all appropriate legislative, administrative, and other measures for theimplementation of the rights recognized in the present Convention. With regard to economic, socialand cultural rights, States Parties shall undertake such measures to the maximum extent of theiravailable resources and, where needed, within the framework of international co-operation.Article 5States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, themembers of the extended family or community as provided for by local custom, legal guardians orother persons legally responsible for the child, to provide, in a manner consistent with the evolvingcapacities of the child, appropriate direction and guidance in the exercise by the child of the rightsrecognized in the present Convention.Article 631. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensureto the maximum extent possible the survival and development of the child.Article 71. 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 orher parents.2. States Parties shall ensure the implementation of these rights in accordance with their national lawand their obligations under the relevant international instruments in this field, in particular where thechild would otherwise be stateless.Article 81. States Parties undertake to respect the right of the child to preserve his or her identity, includingnationality, 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 Partiesshall provide appropriate assistance and protection, with a view to re-establishing speedily his or heridentity.Article 91. States Parties shall ensure that a child shall not be separated from his or her parents against theirwill, except when competent authorities subject to judicial review determine, in accordance withapplicable 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 ofthe child by the parents, or one where the parents are living separately and a decision must be madeas to the child’s place of residence.2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall begiven 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 tomaintain personal relations and direct contact with both parents on a regular basis, except if it iscontrary 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 isin 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 essentialinformation concerning the whereabouts of the absent member(s) of the family unless the provision ofthe information would be detrimental to the well-being of the child. States Parties shall further ensurethat the submission of such a request shall of itself entail no adverse consequences for the person(s)concerned.Article 101. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by achild or his or her parents to enter or leave a State Party for the purpose of family reunification shallbe dealt with by States Parties in a positive, humane and expeditious manner. States Parties shallfurther ensure that the submission of such a request shall entail no adverse consequences for theapplicants 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. Towardsthat end and in accordance with the obligation of States Parties under article 9, paragraph 1, StatesParties shall respect the right of the child and his or her parents to leave any country, including their4own, and to enter their own country. The right to leave any country shall be subject only to suchrestrictions as are prescribed by law and which are necessary to protect the national security, publicorder (ordre public), public health or morals or the rights and freedoms of others and are consistentwith the other rights recognized in the present Convention.Article 111. 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 oraccession to existing agreements.Article 121. States Parties shall assure to the child who is capable of forming his or her own views the right toexpress those views freely in all matters affecting the child, the views of the child being given dueweight 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 judicialand administrative proceedings affecting the child, either directly, or through a representative or anappropriate body, in a manner consistent with the procedural rules of national law.Article 131. 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 orin 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 areprovided 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 ormorals.Article 141. 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, legalguardians, to provide direction to the child in the exercise of his or her right in a manner consistentwith the evolving capacities of the child.3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as areprescribed by law and are necessary to protect public safety, order, health or morals, or thefundamental rights and freedoms of others.Article 151. States Parties recognize the rights of the child to freedom of association and to freedom of peacefulassembly.2. No restrictions may be placed on the exercise of these rights other than those imposed inconformity with the law and which are necessary in a democratic society in the interests of nationalsecurity or public safety, public order (ordre public), the protection of public health or morals or theprotection of the rights and freedoms of others.Article 1651. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, homeor 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.Article 17States Parties recognize the important function performed by the mass media and shall ensure that thechild 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 physicaland mental health.To this end, States Parties shall:(a) Encourage the mass media to disseminate information and material of social and cultural benefit tothe child and in accordance with the spirit of article 29;(b) Encourage international co-operation in the production, exchange and dissemination of suchinformation 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 whobelongs to a minority group or who is indigenous;(e) Encourage the development of appropriate guidelines for the protection of the child frominformation and material injurious to his or her well-being, bearing in mind the provisions of articles 13and 18.Article 181. States Parties shall use their best efforts to ensure recognition of the principle that both parentshave common responsibilities for the upbringing and development of the child. Parents or, as the casemay be, legal guardians, have the primary responsibility for the upbringing and development of thechild. 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 oftheir child-rearing responsibilities and shall ensure the development of institutions, facilities andservices for the care of children.3. States Parties shall take all appropriate measures to ensure that children of working parents havethe right to benefit from child-care services and facilities for which they are eligible.Article 191. States Parties shall take all appropriate legislative, administrative, social and educational measuresto protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligenttreatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legalguardian(s) or any other person who has the care of the child.2. Such protective measures should, as appropriate, include effective procedures for the establishmentof social programmes to provide necessary support for the child and for those who have the care of thechild, as well as for other forms of prevention and for identification, reporting, referral, investigation,treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,for judicial involvement.Article 2061. A child temporarily or permanently deprived of his or her family environment, or in whose own bestinterests cannot be allowed to remain in that environment, shall be entitled to special protection andassistance provided by the State.2. States Parties shall in accordance with their national laws ensure alternative care for such a child.3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessaryplacement in suitable institutions for the care of children. When considering solutions, due regard shallbe paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious,cultural and linguistic background.Article 21States Parties that recognize and/or permit the system of adoption shall ensure that the best interestsof 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, inaccordance with applicable law and procedures and on the basis of all pertinent and reliableinformation, that the adoption is permissible in view of the child’s status concerning parents, relativesand legal guardians and that, if required, the persons concerned have given their informed consent tothe 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, ifthe child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be caredfor in the child’s country of origin;(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standardsequivalent to those existing in the case of national adoption;(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does notresult in improper financial gain for those involved in it;(e) Promote, where appropriate, the objectives of the present article by concluding bilateral ormultilateral arrangements or agreements, and endeavour, within this framework, to ensure that theplacement of the child in another country is carried out by competent authorities or organs.Article 221. States Parties shall take appropriate measures to ensure that a child who is seeking refugee statusor who is considered a refugee in accordance with applicable international or domestic law andprocedures shall, whether unaccompanied or accompanied by his or her parents or by any otherperson, receive appropriate protection and humanitarian assistance in the enjoyment of applicablerights set forth in the present Convention and in other international human rights or humanitarianinstruments to which the said States are Parties.2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in anyefforts by the United Nations and other competent intergovernmental organizations or nongovernmental organizations co-operating with the United Nations to protect and assist such a child andto trace the parents or other members of the family of any refugee child in order to obtain informationnecessary for reunification with his or her family. In cases where no parents or other members of thefamily can be found, the child shall be accorded the same protection as any other child permanently ortemporarily deprived of his or her family environment for any reason , as set forth in the presentConvention.Article 2371. States Parties recognize that a mentally or physically disabled child should enjoy a full and decentlife, in conditions which ensure dignity, promote self-reliance and facilitate the child’s activeparticipation in the community.2. States Parties recognize the right of the disabled child to special care and shall encourage andensure the extension, subject to available resources, to the eligible child and those responsible for hisor her care, of assistance for which application is made and which is appropriate to the child’s conditionand 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 paragraph2 of the present article shall be provided free of charge, whenever possible, taking into account thefinancial resources of the parents or others caring for the child, and shall be designed to ensure thatthe disabled child has effective access to and receives education, training, health care services,rehabilitation services, preparation for employment and recreation opportunities in a manner conduciveto the child’s achieving the fullest possible social integration and individual development, including hisor her cultural and spiritual development4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriateinformation in the field of preventive health care and of medical, psychological and functionaltreatment of disabled children, including dissemination of and access to information concerningmethods of rehabilitation, education and vocational services, with the aim of enabling States Parties toimprove their capabilities and skills and to widen their experience in these areas. In this regard,particular account shall be taken of the needs of developing countries.Article 241. States Parties recognize the right of the child to the enjoyment of the highest attainable standard ofhealth and to facilities for the treatment of illness and rehabilitation of health. States Parties shallstrive 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 appropriatemeasures:(a) To diminish infant and child mortality;(b) To ensure the provision of necessary medical assistance and health care to all children withemphasis 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 ofadequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks ofenvironmental 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, haveaccess to education and are supported in the use of basic knowledge of child health and nutrition, theadvantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;(f) To develop preventive health care, guidance for parents and family planning education andservices.3. States Parties shall take all effective and appropriate measures with a view to abolishing traditionalpractices prejudicial to the health of children.4. States Parties undertake to promote and encourage international co-operation with a view toachieving 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.8Article 25States Parties recognize the right of a child who has been placed by the competent authorities for thepurposes of care, protection or treatment of his or her physical or mental health, to a periodic reviewof the treatment provided to the child and all other circumstances relevant to his or her placement.Article 261. States Parties shall recognize for every child the right to benefit from social security, including socialinsurance, and shall take the necessary measures to achieve the full realization of this right inaccordance with their national law.2. The benefits should, where appropriate, be granted, taking into account the resources and thecircumstances of the child and persons having responsibility for the maintenance of the child, as wellas any other consideration relevant to an application for benefits made by or on behalf of the child.Article 271. States Parties recognize the right of every child to a standard of living adequate for the child’sphysical, mental, spiritual, moral and social development.2. The parent(s) or others responsible for the child have the primary responsibility to secure, withintheir 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 appropriatemeasures to assist parents and others responsible for the child to implement this right and shall incase of need provide material assistance and support programmes, particularly with regard tonutrition, clothing and housing.4. States Parties shall take all appropriate measures to secure the recovery of maintenance for thechild from the parents or other persons having financial responsibility for the child, both within theState Party and from abroad. In particular, where the person having financial responsibility for thechild lives in a State different from that of the child, States Parties shall promote the accession tointernational agreements or the conclusion of such agreements, as well as the making of otherappropriate arrangements.Article 281. States Parties recognize the right of the child to education, and with a view to achieving this rightprogressively 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 andvocational education, make them available and accessible to every child, and take appropriatemeasures 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 ina 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 toeducation, in particular with a view to contributing to the elimination of ignorance and illiteracy9throughout the world and facilitating access to scientific and technical knowledge and modern teachingmethods. In this regard, particular account shall be taken of the needs of developing countries.Article 291. 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 fullestpotential;(b) The development of respect for human rights and fundamental freedoms, and for the principlesenshrined in the Charter of the United Nations;(c) The development of respect for the child’s parents, his or her own cultural identity, language andvalues, for the national values of the country in which the child is living, the country from which he orshe 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 religiousgroups 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 ofindividuals and bodies to establish and direct educational institutions, subject always to the observanceof the principle set forth in paragraph 1 of the present article and to the requirements that theeducation given in such institutions shall conform to such minimum standards as may be laid down bythe State.Article 30In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, achild belonging to such a minority or who is indigenous shall not be denied the right, in communitywith other members of his or her group, to enjoy his or her own culture, to profess and practise his orher own religion, or to use his or her own language.Article 311. States Parties recognize the right of the child to rest and leisure, to engage in play and recreationalactivities 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 andartistic life and shall encourage the provision of appropriate and equal opportunities for cultural,artistic, recreational and leisure activity.Article 321. States Parties recognize the right of the child to be protected from economic exploitation and fromperforming any work that is likely to be hazardous or to interfere with the child’s education, or to beharmful 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 theimplementation of the present article. To this end, and having regard to the relevant provisions ofother international instruments, States Parties shall in particular:(a) Provide for a minimum age or minimum ages for admission to employment;(b) Provide for appropriate regulation of the hours and conditions of employment;10(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of thepresent article.Article 33States Parties shall take all appropriate measures, including legislative, administrative, social andeducational measures, to protect children from the illicit use of narcotic drugs and psychotropicsubstances as defined in the relevant international treaties, and to prevent the use of children in theillicit production and trafficking of such substances.Article 34States 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 andmultilateral measures to prevent:(a) The inducement or coercion of a child to engage in any unlawful sexual activity;(b) The exploitative use of children in prostitution or other unlawful sexual practices;(c) The exploitative use of children in pornographic performances and materials.Article 35States Parties shall take all appropriate national, bilateral and multilateral measures to prevent theabduction of, the sale of or traffic in children for any purpose or in any form.Article 36States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects ofthe child’s welfare.Article 37States Parties shall ensure that:(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment orpunishment. Neither capital punishment nor life imprisonment without possibility of release shall beimposed for offences committed by persons below eighteen years of age;(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention orimprisonment of a child shall be in conformity with the law and shall be used only as a measure of lastresort 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 ofthe 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 inthe child’s best interest not to do so and shall have the right to maintain contact with his or her familythrough 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 otherappropriate assistance, as well as the right to challenge the legality of the deprivation of his or herliberty before a court or other competent, independent and impartial authority, and to a promptdecision on any such action.Article 381. States Parties undertake to respect and to ensure respect for rules of international humanitarian lawapplicable to them in armed conflicts which are relevant to the child.112. States Parties shall take all feasible measures to ensure that persons who have not attained the ageof fifteen years do not take a direct part in hostilities.3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen yearsinto their armed forces. In recruiting among those persons who have attained the age of fifteen yearsbut who have not attained the age of eighteen years, States Parties shall endeavour to give priority tothose who are oldest.4. In accordance with their obligations under international humanitarian law to protect the civilianpopulation in armed conflicts, States Parties shall take all feasible measures to ensure protection andcare of children who are affected by an armed conflict.Article 39States Parties shall take all appropriate measures to promote physical and psychological recovery andsocial reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or anyother form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recoveryand reintegration shall take place in an environment which fosters the health, self-respect and dignityof the child.Article 401. States Parties recognize the right of every child alleged as, accused of, or recognized as havinginfringed the penal law to be treated in a manner consistent with the promotion of the child’s sense ofdignity and worth, which reinforces the child’s respect for the human rights and fundamental freedomsof others and which takes into account the child’s age and the desirability of promoting the child’sreintegration 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 Partiesshall, in particular, ensure that:(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law byreason of acts or omissions that were not prohibited by national or international law at the time theywere committed;(b) Every child alleged as or accused of having infringed the penal law has at least the followingguarantees:(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 thepreparation and presentation of his or her defence;(iii) To have the matter determined without delay by a competent, independent and impartial authorityor judicial body in a fair hearing according to law, in the presence of legal or other appropriateassistance and, unless it is considered not to be in the best interest of the child, in particular, takinginto 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 adversewitnesses and to obtain the participation and examination of witnesses on his or her behalf underconditions of equality;(v) If considered to have infringed the penal law, to have this decision and any measures imposed inconsequence thereof reviewed by a higher competent, independent and impartial authority or judicialbody according to law;12(vi) To have the free assistance of an interpreter if the child cannot understand or speak the languageused;(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 andinstitutions specifically applicable to children alleged as, accused of, or recognized as having infringedthe penal law, and, in particular:(a) The establishment of a minimum age below which children shall be presumed not to have thecapacity to infringe the penal law;(b) Whenever appropriate and desirable, measures for dealing with such children without resorting tojudicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A varietyof dispositions, such as care, guidance and supervision orders; counselling; probation; foster care;education and vocational training programmes and other alternatives to institutional care shall beavailable to ensure that children are dealt with in a manner appropriate to their well-being andproportionate both to their circumstances and the offence.Article 41Nothing in the present Convention shall affect any provisions which are more conducive to therealization of the rights of the child and which may be contained in:(a) The law of a State party; or(b) International law in force for that State.PART IIArticle 42States Parties undertake to make the principles and provisions of the Convention widely known, byappropriate and active means, to adults and children alike.Article 431. For the purpose of examining the progress made by States Parties in achieving the realization of theobligations undertaken in the present Convention, there shall be established a Committee on theRights of the Child, which shall carry out the functions hereinafter provided.2. The Committee shall consist of ten experts of high moral standing and recognized competence inthe field covered by this Convention. The members of the Committee shall be elected by States Partiesfrom among their nationals and shall serve in their personal capacity, consideration being given toequitable 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 byStates 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 theentry into force of the present Convention and thereafter every second year. At least four monthsbefore the date of each election, the Secretary-General of the United Nations shall address a letter toStates Parties inviting them to submit their nominations within two months. The Secretary-Generalshall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating StatesParties which have nominated them, and shall submit it to the States Parties to the presentConvention.5. The elections shall be held at meetings of States Parties convened by the Secretary-General atUnited Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute13a quorum, the persons elected to the Committee shall be those who obtain the largest number of votesand 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 forre-election if renominated. The term of five of the members elected at the first election shall expire atthe end of two years; immediately after the first election, the names of these five members shall bechosen 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 nolonger perform the duties of the Committee, the State Party which nominated the member shallappoint another expert from among its nationals to serve for the remainder of the term, subject to theapproval 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 anyother 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 ameeting of the States Parties to the present Convention, subject to the approval of the GeneralAssembly.11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for theeffective 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 thepresent Convention shall receive emoluments from United Nations resources on such terms andconditions as the Assembly may decide.Article 441. States Parties undertake to submit to the Committee, through the Secretary-General of the UnitedNations, reports on the measures they have adopted which give effect to the rights recognized hereinand 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 difficulties, if any, affecting thedegree of fulfilment of the obligations under the present Convention. Reports shall also containsufficient information to provide the Committee with a comprehensive understanding of theimplementation of the Convention in the country concerned.3. A State Party which has submitted a comprehensive initial report to the Committee need not, in itssubsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basicinformation previously provided.4. The Committee may request from States Parties further information relevant to the implementationof the Convention.5. The Committee shall submit to the General Assembly, through the Economic and Social Council,every two years, reports on its activities.6. States Parties shall make their reports widely available to the public in their own countries.Article 4514In order to foster the effective implementation of the Convention and to encourage international cooperation in the field covered by the Convention:(a) The specialized agencies, the United Nations Children’s Fund, and other United Nations organs shallbe entitled to be represented at the consideration of the implementation of such provisions of thepresent Convention as fall within the scope of their mandate. The Committee may invite thespecialized agencies, the United Nations Children’s Fund and other competent bodies as it mayconsider appropriate to provide expert advice on the implementation of the Convention in areas fallingwithin the scope of their respective mandates. The Committee may invite the specialized agencies, theUnited Nations Children’s Fund, and other United Nations organs to submit reports on theimplementation of the Convention in areas falling within the scope of their activities;(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, theUnited Nations Children’s Fund and other competent bodies, any reports from States Parties thatcontain a request, or indicate a need, for technical advice or assistance, along with the Committee’sobservations and suggestions, if any, on these requests or indications;(c) The Committee may recommend to the General Assembly to request the Secretary-General toundertake on its behalf studies on specific issues relating to the rights of the child;(d) The Committee may make suggestions and general recommendations based on informationreceived pursuant to articles 44 and 45 of the present Convention. Such suggestions and generalrecommendations shall be transmitted to any State Party concerned and reported to the GeneralAssembly, together with comments, if any, from States Parties.PART IIIArticle 46The present Convention shall be open for signature by all States.Article 47The present Convention is subject to ratification. Instruments of ratification shall be deposited with theSecretary-General of the United Nations.Article 48The present Convention shall remain open for accession by any State. The instruments of accessionshall be deposited with the Secretary-General of the United Nations.Article 491. The present Convention shall enter into force on the thirtieth day following the date of deposit withthe Secretary-General of the United Nations of the twentieth instrument of ratification or accession.2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrumentof ratification or accession, the Convention shall enter into force on the thirtieth day after the depositby such State of its instrument of ratification or accession.Article 501. Any State Party may propose an amendment and file it with the Secretary-General of the UnitedNations. The Secretary-General shall thereupon communicate the proposed amendment to StatesParties, with a request that they indicate whether they favour a conference of States Parties for thepurpose of considering and voting upon the proposals. In the event that, within four months from thedate of such communication, at least one third of the States Parties favour such a conference, theSecretary-General shall convene the conference under the auspices of the United Nations. Any15amendment adopted by a majority of States Parties present and voting at the conference shall besubmitted to the General Assembly for approval.2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into forcewhen it has been approved by the General Assembly of the United Nations and accepted by a twothirds majority of States Parties.3. When an amendment enters into force, it shall be binding on those States Parties which haveaccepted it, other States Parties still being bound by the provisions of the present Convention and anyearlier amendments which they have accepted.Article 511. The Secretary-General of the United Nations shall receive and circulate to all States the text ofreservations made by States at the time of ratification or accession.2. A reservation incompatible with the object and purpose of the present Convention shall not bepermitted.3. Reservations may be withdrawn at any time by notification to that effect addressed to theSecretary-General of the United Nations, who shall then inform all States. Such notification shall takeeffect on the date on which it is received by the Secretary-GeneralArticle 52A State Party may denounce the present Convention by written notification to the Secretary-General ofthe United Nations. Denunciation becomes effective one year after the date of receipt of thenotification by the Secretary-General.Article 53The Secretary-General of the United Nations is designated as the depositary of the presentConvention.Article 54The original of the present Convention, of which the Arabic, Chinese, English, French, Russian andSpanish texts are equally authentic, shall be deposited with the Secretary-General of the UnitedNations. IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto bytheir respective governments, have signed the present Convention.

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