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Sovereign Law Series

New York “Convention on the
Rights of the Child” of 1989


Short-Form Reference:

1989 “Convention on Rights of the Child”

In-Line Micro Reference:

1989 “Rights of the Child”

Ratification / Registration:

UN-GA Res. 44/25 New York (20 Nov 1989)


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Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

Convention on the Rights of the Child

Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the
United Nations, recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and
peace in the world;

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

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

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

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

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

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

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Bearing in mind that the need to extend particular care to the child has been stated in
the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the
Rights of the Child adopted by the General Assembly on 20 November 1959 and
recognized in the Universal Declaration of Human Rights, in the International
Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the
International Covenant on Economic, Social and Cultural Rights (in particular in article
10) and in the statutes and relevant instruments of specialized agencies and
international organizations concerned with the welfare of children;

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the
child, by reason of his physical and mental immaturity, needs special safeguards and
care, including appropriate legal protection, before as well as after birth";

Recalling the provisions of the Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children, with Special Reference to Foster Placement and
Adoption Nationally and Internationally; the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on
the Protection of Women and Children in Emergency and Armed Conflict, Recognizing
that, in all countries in the world, there are children living in exceptionally difficult
conditions, and that such children need special consideration;

Taking due account of the importance of the traditions and cultural values of each
people for the protection and harmonious development of the child, Recognizing the
importance of international cooperation for improving the living conditions of children
in every country, in particular in the developing countries;

Have agreed as follows:

PART I

Article 1

For the purposes of the present Convention, a child means every human being below
the age of eighteen years unless under the law applicable to the child, majority is
attained earlier.

Article 2

1.
States Parties shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of any kind,
irrespective of the child's or his or her parent's or legal guardian's race, colour, sex,
language, religion, political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.
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2.
States Parties shall take all appropriate measures to ensure that the child is
protected against all forms of discrimination or punishment on the basis of the status,
activities, expressed opinions, or beliefs of the child's parents, legal guardians, or
family members.

Article 3

1.
In all actions concerning children, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consideration.

2.
States Parties undertake to ensure the child such protection and care as is
necessary for his or her well-being, taking into account the rights and duties of his or
her parents, legal guardians, or other individuals legally responsible for him or her,
and, to this end, shall take all appropriate legislative and administrative measures.

3.
States Parties shall ensure that the institutions, services and facilities
responsible for the care or protection of children shall conform with the standards
established by competent authorities, particularly in the areas of safety, health, in the
number and suitability of their staff, as well as competent supervision.

Article 4

States Parties shall undertake all appropriate legislative, administrative, and other
measures for the implementation of the rights recognized in the present Convention.
With regard to economic, social and cultural rights, States Parties shall undertake such
measures to the maximum extent of their available resources and, where needed,
within the framework of international cooperation.

Article 5

States Parties shall respect the responsibilities, rights and duties of parents or, where
applicable, the members of the extended family or community as provided for by local
custom, legal guardians or other persons legally responsible for the child, to provide,
in a manner consistent with the evolving capacities of the child, appropriate direction
and guidance in the exercise by the child of the rights recognized in the present
Convention.



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Article 6

1.
States Parties recognize that every child has the inherent right to life.

2.
States Parties shall ensure to the maximum extent possible the survival and
development of the child.

Article 7

1.
The child shall be registered immediately after birth and shall have the right
from birth to a name, the right to acquire a nationality and, as far as possible, the right
to know and be cared for by his or her parents.

2.
States Parties shall ensure the implementation of these rights in accordance
with their national law and their obligations under the relevant international
instruments in this field, in particular where the child would otherwise be stateless.

Article 8

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

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

Article 9

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

2.
In any proceedings pursuant to paragraph 1 of the present Article, all interested
parties shall be given an opportunity to participate in the proceedings and make their
views known.

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3.
States Parties shall respect the right of the child who is separated from one or
both parents to maintain personal relations and direct contact with both parents on a
regular basis, except if it is contrary to the child's best interests.

4. Where such separation results from any action initiated by a State Party, such as
the detention, imprisonment, exile, deportation or death (including death arising from
any cause while the person is in the custody of the State) of one or both parents or of
the child, that State Party shall, upon request, provide the parents, the child or, if
appropriate, another member of the family with the essential information concerning
the whereabouts of the absent member(s) of the family unless the provision of the
information would be detrimental to the well-being of the child. States Parties shall
further ensure that the submission of such a request shall of itself entail no adverse
consequences for the person(s) concerned.

Article 10

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

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

Article 11

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

2.
To this end, States Parties shall promote the conclusion of bilateral or
multilateral agreements or accession to existing agreements.


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Article 12

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

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

Article 13

1.
The child shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other
media of the child's choice.

2.
The exercise of this right may be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order (ordre public), or
of public health or morals.

Article 14

1.
States Parties shall respect the right of the child to freedom of thought,
conscience and religion.

2.
States Parties shall respect the rights and duties of the parents and, when
applicable, legal guardians, to provide direction to the child in the exercise of his or
her right in a manner consistent with the evolving capacities of the child.

3.
Freedom to manifest one's religion or beliefs may be subject only to such
limitations as are prescribed by law and are necessary to protect public safety, order,
health or morals, or the fundamental rights and freedoms of others.



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Article 15

1.
States Parties recognize the rights of the child to freedom of association and to
freedom of peaceful assembly.

2.
No restrictions may be placed on the exercise of these rights other than those
imposed in conformity with the law and which are necessary in a democratic society in
the interests of national security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the rights and freedoms of
others.

Article 16

1.
No child shall be subjected to arbitrary or unlawful interference with his or her
privacy, family, or correspondence, nor to unlawful attacks on his or her honour and
reputation.

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

Article 17

States Parties recognize the important function performed by the mass media and
shall ensure that the child has access to information and material from a diversity of
national and international sources, especially those aimed at the promotion of his or
her social, spiritual and moral well-being and physical and mental health.

To this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social
and cultural benefit to the child and in accordance with the spirit of Article 29;

(b)
Encourage international cooperation in the production, exchange and
dissemination of such information and material from a diversity of cultural, national
and international sources;

(c)
Encourage the production and dissemination of children's books;

(d) Encourage the mass media to have particular regard to the linguistic needs of
the child who belongs to a minority group or who is indigenous;

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(e) Encourage the development of appropriate guidelines for the protection of the
child from information and material injurious to his or her well-being, bearing in mind
the provisions of Articles 13 and 18.

Article 18

1.
States Parties shall use their best efforts to ensure recognition of the principle
that both parents have common responsibilities for the upbringing and development
of the child. Parents or, as the case may be, legal guardians, have the primary
responsibility for the upbringing and development of the child. The best interests of
the child will be their basic concern.

2.
For the purpose of guaranteeing and promoting the rights set forth in the
present Convention, States Parties shall render appropriate assistance to parents and
legal guardians in the performance of their child-rearing responsibilities and shall
ensure the development of institutions, facilities and services for the care of children.

3.
States Parties shall take all appropriate measures to ensure that children of
working parents have the right to benefit from child-care services and facilities for
which they are eligible.

Article 19

1.
States Parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or
any other person who has the care of the child.

2.
Such protective measures should, as appropriate, include effective procedures
for the establishment of social programmes to provide necessary support for the child
and for those who have the care of the child, as well as for other forms of prevention
and for identification, reporting, referral, investigation, treatment and follow-up of
instances of child maltreatment described heretofore, and, as appropriate, for judicial
involvement.



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Article 20

1.
A child temporarily or permanently deprived of his or her family environment,
or in whose own best interests cannot be allowed to remain in that environment, shall
be entitled to special protection and assistance provided by the State.

2.
States Parties shall in accordance with their national laws ensure alternative
care for such a child.

3.
Such care could include, inter alia, foster placement, Kafalah of Islamic law,
adoption or if necessary placement in suitable institutions for the care of children.
When considering solutions, due regard shall be paid to the desirability of continuity in
a child's upbringing and to the child's ethnic, religious, cultural and linguistic
background.

Article 21

States Parties that recognize and/or permit the system of adoption shall ensure that
the best interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities
who determine, in accordance with applicable law and procedures and on the basis of
all pertinent and reliable information, that the adoption is permissible in view of the
child's status concerning parents, relatives and legal guardians and that, if required,
the persons concerned have given their informed consent to the adoption on the basis
of such counselling as may be necessary;

(b) Recognize that inter-country adoption may be considered as an alternative
means of child's care, if the child cannot be placed in a foster or an adoptive family or
cannot in any suitable manner be cared for in the child's country of origin;

(c)
Ensure that the child concerned by inter-country adoption enjoys safeguards
and standards equivalent to those existing in the case of national adoption;

(d) Take all appropriate measures to ensure that, in inter-country adoption, the
placement does not result in improper financial gain for those involved in it;

(e) Promote, where appropriate, the objectives of the present article by concluding
bilateral or multilateral arrangements or agreements, and endeavour, within this
framework, to ensure that the placement of the child in another country is carried out
by competent authorities or organs.

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Article 22

1.
States Parties shall take appropriate measures to ensure that a child who is
seeking refugee status or who is considered a refugee in accordance with applicable
international or domestic law and procedures shall, whether unaccompanied or
accompanied by his or her parents or by any other person, receive appropriate
protection and humanitarian assistance in the enjoyment of applicable rights set forth
in the present Convention and in other international human rights or humanitarian
instruments to which the said States are Parties.

2.
For this purpose, States Parties shall provide, as they consider appropriate,
cooperation
in any efforts by the United Nations and other competent
intergovernmental organizations or non-governmental organizations cooperating with
the United Nations to protect and assist such a child and to trace the parents or other
members of the family of any refugee child in order to obtain information necessary
for reunification with his or her family. In cases where no parents or other members
of the family can be found, the child shall be accorded the same protection as any
other child permanently or temporarily deprived of his or her family environment for
any reason , as set forth in the present Convention.

Article 23

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

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

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

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4.
States Parties shall promote, in the spirit of international cooperation, the
exchange of appropriate information in the field of preventive health care and of
medical, psychological and functional treatment of disabled children, including
dissemination of and access to information concerning methods of rehabilitation,
education and vocational services, with the aim of enabling States Parties to improve
their capabilities and skills and to widen their experience in these areas. In this regard,
particular account shall be taken of the needs of developing countries.

Article 24

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

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

(a) To diminish infant and child mortality;

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

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

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

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

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

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

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4.
States Parties undertake to promote and encourage international cooperation
with a view to achieving progressively the full realization of the right recognized in the
present Article. In this regard, particular account shall be taken of the needs of
developing countries.

Article 25

States Parties recognize the right of a child who has been placed by the competent
authorities for the purposes of care, protection or treatment of his or her physical or
mental health, to a periodic review of the treatment provided to the child and all other
circumstances relevant to his or her placement.

Article 26

1.
States Parties shall recognize for every child the right to benefit from social
security, including social insurance, and shall take the necessary measures to achieve
the full realization of this right in accordance with their national law.

2.
The benefits should, where appropriate, be granted, taking into account the
resources and the circumstances of the child and persons having responsibility for the
maintenance of the child, as well as any other consideration relevant to an application
for benefits made by or on behalf of the child.

Article 27

1.
States Parties recognize the right of every child to a standard of living adequate
for the child's physical, mental, spiritual, moral and social development.

2.
The parent(s) or others responsible for the child have the primary responsibility
to secure, within their abilities and financial capacities, the conditions of living
necessary for the child's development.

3.
States Parties, in accordance with national conditions and within their means,
shall take appropriate measures to assist parents and others responsible for the child
to implement this right and shall in case of need provide material assistance and
support programmes, particularly with regard to nutrition, clothing and housing.

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4.
States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and from abroad. In particular,
where the person having financial responsibility for the child lives in a State different
from that of the child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the making of other
appropriate arrangements.

Article 28

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

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

(b) Encourage the development of different forms of secondary education,
including general and vocational education, make them available and accessible to
every child, and take appropriate measures such as the introduction of free education
and offering financial assistance in case of need;

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

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

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

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

3.
States Parties shall promote and encourage international cooperation in matters
relating to education, in particular with a view to contributing to the elimination of
ignorance and illiteracy throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this regard, particular account
shall be taken of the needs of developing countries.



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Article 29

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

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

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

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

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

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

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

Article 30

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



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Article 31

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

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

Article 32

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

2.
States Parties shall take legislative, administrative, social and educational
measures to ensure the implementation of the present Article. To this end, and
having regard to the relevant provisions of other international instruments, States
Parties shall in particular:

(a) Provide for a minimum age or minimum ages for admission to employment;

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

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

Article 33

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



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Article 34

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

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

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

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

Article 35

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

Article 36

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

Article 37

States Parties shall ensure that:

(a)
No child shall be subjected to torture or other cruel, inhuman or degrading
treatment or punishment. Neither capital punishment nor life imprisonment without
possibility of release shall be imposed for offences committed by persons below
eighteen years of age;

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

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

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

Article 38

1.
States Parties undertake to respect and to ensure respect for rules of
international humanitarian law applicable to them in armed conflicts which are
relevant to the child.

2.
States Parties shall take all feasible measures to ensure that persons who have
not attained the age of fifteen years do not take a direct part in hostilities.

3.
States Parties shall refrain from recruiting any person who has not attained the
age of fifteen years into their armed forces. In recruiting among those persons who
have attained the age of fifteen years but who have not attained the age of eighteen
years, States Parties shall endeavour to give priority to those who are oldest.

4.
In accordance with their obligations under international humanitarian law to
protect the civilian population in armed conflicts, States Parties shall take all feasible
measures to ensure protection and care of children who are affected by an armed
conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and
psychological recovery and social reintegration of a child victim of: any form of
neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or
degrading treatment or punishment; or armed conflicts. Such recovery and
reintegration shall take place in an environment which fosters the health, self-respect
and dignity of the child.



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Article 40

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

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

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

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

(1)
To be presumed innocent until proven guilty according to law;

(2)
To be informed promptly and directly of the charges against him or
her, and, if appropriate, through his or her parents or legal guardians, and to
have legal or other appropriate assistance in the preparation and presentation
of his or her defence;

(3)
To have the matter determined without delay by a competent,
independent and impartial authority or judicial body in a fair hearing according
to law, in the presence of legal or other appropriate assistance and, unless it is
considered not to be in the best interest of the child, in particular, taking into
account his or her age or situation, his or her parents or legal guardians;

(4)
Not to be compelled to give testimony or to confess guilt; to
examine or have examined adverse witnesses and to obtain the participation
and examination of witnesses on his or her behalf under conditions of equality;

(5)
If considered to have infringed the penal law, to have this decision
and any measures imposed in consequence thereof reviewed by a higher
competent, independent and impartial authority or judicial body according to
law;

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(6)
To have the free assistance of an interpreter if the child cannot
understand or speak the language used;

(7)
To have his or her privacy fully respected at all stages of the
proceedings.

3.
States Parties shall seek to promote the establishment of laws, procedures,
authorities and institutions specifically applicable to children alleged as, accused of, or
recognized as having infringed the penal law, and, in particular:

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

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

4.
A variety of dispositions, such as care, guidance and supervision orders;
counselling; probation; foster care; education and vocational training programmes and
other alternatives to institutional care shall be available to ensure that children are
dealt with in a manner appropriate to their well-being and proportionate both to their
circumstances and the offence.

Article 41

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

(a) The law of a State party; or

(b)
International law in force for that State.




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PART II

Article 42

States Parties undertake to make the principles and provisions of the Convention
widely known, by appropriate and active means, to adults and children alike.

Article 43

1.
For the purpose of examining the progress made by States Parties in achieving
the realization of the obligations undertaken in the present Convention, there shall be
established a Committee on the Rights of the Child, which shall carry out the functions
hereinafter provided.

2.
The Committee shall consist of eighteen experts of high moral standing and
recognized competence in the field covered by this Convention. The members of the
Committee shall be elected by States Parties from among their nationals and shall
serve in their personal capacity, consideration being given to equitable geographical
distribution, as well as to the principal legal systems.

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

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

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

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

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

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

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

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

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

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

Article 44

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

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

(b) Thereafter every five years.

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

3.
A State Party which has submitted a comprehensive initial report to the
Committee need not, in its subsequent reports submitted in accordance with
paragraph 1 (b) of the present article, repeat basic information previously provided.

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

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

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

Article 45

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

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

(b) The Committee shall transmit, as it may consider appropriate, to the specialized
agencies, the United Nations Children's Fund and other competent bodies, any reports
from States Parties that contain a request, or indicate a need, for technical advice or
assistance, along with the Committee's observations and suggestions, if any, on these
requests or indications;

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

(d) The Committee may make suggestions and general recommendations based on
information received pursuant to articles 44 and 45 of the present Convention. Such
suggestions and general recommendations shall be transmitted to any State Party
concerned and reported to the General Assembly, together with comments, if any,
from States Parties.

PART III

Article 46

The present Convention shall be open for signature by all States.

Article 47

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

Article 48

The present Convention shall remain open for accession by any State. The instruments
of accession shall be deposited with the Secretary-General of the United Nations.

Article 49

1.
The present Convention shall enter into force on the thirtieth day following the
date of deposit with the Secretary-General of the United Nations of the twentieth
instrument of ratification or accession.

2.
For each State ratifying or acceding to the Convention after the deposit of the
twentieth instrument of ratification or accession, the Convention shall enter into force
on the thirtieth day after the deposit by such State of its instrument of ratification or
accession.



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Article 50

1.
Any State Party may propose an amendment and file it with the Secretary-
General of the United Nations. The Secretary-General shall thereupon communicate
the proposed amendment to States Parties, with a request that they indicate whether
they favour a conference of States Parties for the purpose of considering and voting
upon the proposals. In the event that, within four months from the date of such
communication, at least one third of the States Parties favour such a conference, the
Secretary-General shall convene the conference under the auspices of the United
Nations. Any amendment adopted by a majority of States Parties present and voting at
the conference shall be submitted to the General Assembly for approval.

2.
An amendment adopted in accordance with paragraph 1 of the present article
shall enter into force when it has been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States
Parties which have accepted it, other States Parties still being bound by the provisions
of the present Convention and any earlier amendments which they have accepted.

Article 51

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

2.
A reservation incompatible with the object and purpose of the present
Convention shall not be permitted.

3.
Reservations may be withdrawn at any time by notification to that effect
addressed to the Secretary-General of the United Nations, who shall then inform all
States. Such notification shall take effect on the date on which it is received by the
Secretary-General.



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Article 52

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

Article 53

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

Article 54

The original of the present Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-
General of the United Nations. In witness thereof the undersigned plenipotentiaries,
being duly authorized thereto by their respective Governments, have signed the
present Convention.