Adopted and offered for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989
Entry into force: 2 September 1990, in accordance with Article 49
The States Parties to this Agreement,
Considering that in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity of all members of the human family and of their equal and inalienable rights constitutes the basis of freedom, justice and peace in the world,
And if you bear in mind that the peoples of the United Nations have reaffirmed in the Charter their belief in the fundamental rights of the human being and in the dignity and worth of the individual, and resolved to advance social progress and raise the standard of life in an atmosphere of greater freedom,
And if you realize that the United Nations has declared, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, that every human being has the right to enjoy all the rights and freedoms contained in those instruments, without any kind of discrimination such as discrimination on the grounds of race, color, sex, language or religion Or political or other opinion, national or social origin, wealth, birth, or any other status, and you agreed on that,
Recalling that the United Nations declared in the Universal Declaration of Human Rights that children have the right to special care and assistance,
Convinced that the family, as the basic unit of society and the natural environment for the growth and well-being of all its members, especially children, should be afforded the necessary protection and assistance in order to be able to fully carry out its responsibilities within society,
Recognizing that for the child, in order for his personality to develop fully and harmoniously, he should be brought 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 especially in the spirit of peace, dignity, tolerance, freedom, equality and brotherhood,
Bearing in mind that the need to provide special care for the child was mentioned 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 (and in the International Covenant on Civil and Political Rights) (Especially in Articles 23 and 24 and 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 the child,
Bearing in mind that “the child, due to his physical and mental immaturity, needs special preventive measures and care, including appropriate legal protection, before and after birth,” as stated in the Declaration of the Rights of the Child,
Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Care of Children, with special attention to custody and adoption at the national and international levels, to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), and to the Declaration on the Protection of Women and Children during Emergencies and Armed Conflicts,
Recognizing that, in all countries of the world, there are children living in extremely difficult circumstances, and that these children need special consideration,
Taking due consideration to the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,
And if you realize the importance of international cooperation to improve the living conditions of children in every country, especially in developing countries,
Have agreed as follows:
For the purposes of this Convention, a child means every human being below the age of eighteen, unless, under the law applicable to him, he attained the age of majority earlier.
1. States Parties shall respect and guarantee the rights set forth in this convention for every child subject to their jurisdiction without any kind of discrimination, regardless of the child's race, parents, legal guardian, color, gender, language, religion, political or other opinion, national origin or Ethnic or social status, wealth, disability, birth, or other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected from all forms of discrimination or punishment based on the position of the child's parents, legal guardians or family members, their activities, expressed opinions or beliefs.
1. In all actions related to children, whether they are carried out by public or private social welfare institutions, courts, administrative authorities or legislative bodies, the first consideration is given to the best interests of the child.
2. States Parties undertake to guarantee the child the protection and care necessary for his well-being, taking into account the rights and duties of his parents, guardians, or other individuals legally responsible for him, and to this end, they shall take all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, departments and facilities responsible for caring for or protecting children adhere to the standards set by the competent authorities, particularly in the areas of safety and health, in the number of their employees and their suitability for work, as well as in terms of the efficiency of supervision.
State Parties shall take all appropriate legislative, administrative and other measures to give effect to the rights recognized in this Convention. With regard to economic, social and cultural rights, State Parties shall take these measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation.
States Parties shall respect the responsibilities, rights and duties of parents or, where appropriate, members of the extended family or group as provided by local custom, or guardians or other persons legally responsible for the child, to provide, in a manner consistent with the child's evolving capacities, appropriate guidance and counseling when exercising the child. The rights recognized in this agreement.
1. States Parties recognize that every child has an inherent right to life.
2. States Parties shall guarantee to the maximum extent possible the survival and development of the child.
1. The child is registered immediately after his birth and has the right from birth to a name and the right to acquire a nationality, and as far as possible has the right to know his parents and receive their care.
2. States parties shall ensure the implementation of these rights in accordance with their national law and their obligations under international instruments related to this field, especially where the child is considered stateless, he should not do so.
1. States Parties undertake to respect the child's right to preserve his identity, including his nationality, name, and family ties, as established by law, without unlawful interference.
2. If any child is unlawfully deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection in order to expedite the re-confirmation of his identity.
1. States Parties shall ensure that the child is not separated from his parents due to his dislike of them, except when the competent authorities decide, subject to a judicial review procedure, in accordance with applicable laws and procedures, that this separation is necessary to safeguard the best interests of the child. Such a decision may be necessary in a specific case such as one of the parents' abuse or neglect of the child, or when the parents live separately and a decision must be made regarding the child's place of residence.
2. In any lawsuits brought pursuant to paragraph 1 of this article, all concerned parties shall have the opportunity to participate in the lawsuit and express their views.
3. States Parties shall respect the right of a child separated from his parents or either of them to maintain on a regular basis personal relations and direct contact with both of his parents, unless this conflicts with the best interests of the child.
4. In cases where this separation arises from any action taken by a state party, such as exposing one or both parents or the child to detention, imprisonment, exile, deportation, or death (including death that occurs for any reason during the person's custody), That State Party shall, upon request, provide the parents or the child, or where necessary, to another family member, basic information regarding the whereabouts of the absent family member (or absent family members) unless the provision of this information is not in the interest of the child. The States Parties shall also ensure that the submission of such a request does not, in and of itself, entail
Harmful consequences for the person concerned (or persons concerned).
1. In accordance with the obligation of states parties under Article 9, paragraph 1, states parties shall consider requests made by the child or his parents to enter or leave a state party with the intention of family reunification in a positive, humane and expeditious manner. States Parties shall also ensure that the submission of such a request does not have adverse consequences for the applicants and for their family members.
2. A child whose parents reside in two different countries has the right to maintain regular personal relationships and direct contact with both of his parents, except in exceptional circumstances. To this end and in accordance with the obligation of States Parties under Article 9, paragraph 2, States Parties shall respect the right of the child and his parents to leave any country, including their own, and to enter their country. The right to leave any country is subject only to the restrictions stipulated by law that are necessary to protect national security, public order, public health, public morals, or the rights and freedoms of others and are consistent with the other rights recognized in this agreement.
1. States Parties shall take measures to combat the transfer of children abroad and their non-illegal return.
2. To this end, States Parties shall encourage the conclusion of bilateral or multilateral agreements or accession to existing agreements.
1. States parties to this convention shall guarantee to the child who is able to form his own views the right to express those views freely in all matters affecting the child, and that the views of the child shall be given due consideration in accordance with the child's age and maturity.
2. For this purpose, the child shall, in particular, have 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.
1. The child has the right to freedom of expression, and this right includes the freedom to request, receive and impart all kinds of information and ideas, without any consideration of borders, whether by speech, writing, printing, art, or any other medium the child chooses.
2. The exercise of this right may be subject to some restrictions, provided that it is stipulated by law and that it is necessary to secure the following:
(A) Respect the rights or reputation of others, or,
(B) To protect national security or public order, or public health or morals.
1. States Parties shall respect the child's right to freedom of thought, conscience and religion.
2. States Parties shall respect the rights and duties of parents and, depending on the situation, their legal guardians, in directing the child to exercise his right in a manner consistent with the child's evolving capabilities.
3. Exposing to religion or beliefs shall only be subject to the restrictions stipulated by law and necessary to protect public safety, order, health, morals, or the fundamental rights and freedoms of others.
1. States Parties recognize the rights of the child to freedom of association and freedom of peaceful assembly.
2. The exercise of these rights may not be restricted by any restrictions other than those imposed according to the law and which are necessary in a democratic society to maintain national security, public safety or public order, or to protect public health or morals, or to protect the rights and freedoms of others.
1. No arbitrary or unlawful exposure to a child in his private life, family, home, or correspondence shall not take place, nor any unlawful prejudice to his honor or reputation.
2. The child has the right to be protected by law from such interference or attacks.
States Parties recognize the important function performed by the mass media and ensure that the child has access to information and materials from various national and international sources, especially those aimed at promoting his social, spiritual and moral well-being, and his physical and mental health. To this end, States Parties shall:
(A) Encouraging the mass media to disseminate information and materials of social and cultural interest, for children, and in accordance with the spirit of article 29
(B) Encouraging international cooperation in the production, exchange and dissemination of this information and materials from various cultural, national and international sources,
(C) Encouraging the production and dissemination of children's books,
(D) Encouraging the mass media to pay special attention to the linguistic needs of a child who belongs to a minority group or indigenous people,
(E) Encouraging the development of appropriate guidelines to protect the child from information and materials harmful to his or her well-being, bearing in mind the provisions of articles 13 and 18.
1. States Parties shall make every effort to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or legal guardians, as the case may be, have primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.
2. In order to guarantee and promote the rights set forth in this convention, the state parties to this convention shall provide adequate assistance to parents and legal guardians in carrying out the responsibilities of raising a child, and they shall ensure the development of institutions, facilities and services for childcare.
3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from childcare services and facilities for which they are eligible.
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of violence, harm, physical or mental abuse, neglect or negligent treatment, abuse or exploitation, including sexual abuse, while he is in the care of the parent (s). Or the legal guardian (legal guardians) of him, or any other person who undertakes to take care of the child.
2. These preventive measures should include, as appropriate, effective procedures for establishing social programs to provide the necessary support for the child and for those who undertake the care of the child, as well as for other forms of prevention, and for the identification, reporting, referral, investigation, treatment and follow-up of child abuse cases mentioned so far. To intervene the judiciary as appropriate.
1. A child who is deprived temporarily or permanently from his family environment or who, in order to preserve a seasonal reconciliation, is not permitted to remain in that environment, has the right 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. This care may include, inter alia, foster care, kafalah in Islamic law, adoption, or, if necessary, accommodation in appropriate institutions for the care of children. When considering solutions, due consideration should be given to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.
Countries that adopt and / or authorize the adoption system ensure that the best interests of the child are a primary consideration and do the following:
(A) Ensure that the adoption of the child is authorized only by the competent authorities who determine, in accordance with applicable laws and procedures and on the basis of all relevant and reliable information, that the adoption is permissible in view of the child's status in relation to the parents, relatives and legal guardians and that the persons concerned, when necessary, have given the information. Knowing their consent to the adoption on the basis that they have obtained the necessary advice,
(B) You recognize that adoption in another country can be considered an alternative means of caring for the child, if it is not possible for the child to reside with a foster or adopted family, or if it is not possible to take care of him in any appropriate way in his home country,
(C) ensure that, with regard to adoption in another country, the child benefits from guarantees and standards equivalent to those in place with regard to national adoption,
(D) Take all appropriate measures to ensure that, with regard to adoption in another country, the process of adoption does not result in illicit financial gain for those participating in it,
(E) Promote, when necessary, the objectives of this article by concluding bilateral or multilateral arrangements or agreements, and endeavor, in this context, to ensure that the child is adopted in another country through the competent authorities or bodies.
1. The states parties to this convention shall take appropriate measures to ensure that a child who seeks refugee status, or who is considered a refugee in accordance with applicable international or local laws and procedures, whether accompanied or not accompanied by his parents or anyone else, receives appropriate protection and humanitarian assistance to enjoy With the applicable rights set forth in this convention and in other international humanitarian or human rights instruments to which the aforementioned states are parties.
2. For this purpose, States Parties shall provide, as they see fit, to cooperate in any efforts of 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 search for the parents of a refugee child who is not accompanied by anyone or For any other members of his family, in order to obtain the necessary information for his family reunification, and in cases where it is not possible to find the parents or other members of his family, the child shall be granted the same protection granted to any other child who is permanently or temporarily deprived of his family environment for any reason, as well as Described in this agreement.
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and dignified life, in conditions that guarantee his dignity, enhance his self-reliance and facilitate his effective participation in society.
2. States Parties recognize the right of the disabled child to enjoy special care, and encourage and stop the eligible child and those responsible for his care, subject to the availability of resources, to provide assistance for which a request is made, which is compatible with the child's condition and the circumstances of his parents or others caring for him.
3. Aware of the special needs of a disabled child, the assistance provided in accordance with paragraph 2 of this article shall be provided free of charge whenever possible, taking into account the financial resources of the parents or others who care for the child, and it should aim to ensure that the disabled child has access to education, training, and care services. Health, rehabilitation services, preparation for, and recreational work, opportunities for and receiving this in a manner conducive to the child's social integration and individual development, including his cultural and spiritual development, as fully as possible.
4. States Parties shall encourage, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and medical, psychological and occupational treatment for children with disabilities, including the dissemination of information related to rehabilitation approaches and professional services and their accessibility, in order to enable State Parties to improve their capacities And her skills and expand her expertise in these areas. In this regard, particular account shall be taken of the needs of developing countries.
1. States Parties recognize the right of the child to enjoy the highest attainable standard of health and his right to facilities for disease treatment and health rehabilitation. States parties shall make every effort to ensure that no child is deprived of their right to access these health-care services.
2. States Parties shall pursue the full implementation of this right and, in particular, shall take appropriate measures:
(A) Reducing 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, even within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious food and clean drinking water, taking into account the dangers and risks of environmental pollution,
(D) To ensure adequate health care for mothers before and after the birth,
(E) Ensure that all sectors of society, especially parents and children, are provided with basic information related to child health and nutrition, the advantages of breastfeeding, principles of health preservation and environmental sanitation, and accident prevention, and that these sectors receive education in these areas and assist them in making use of this information,
(F) The development of preventive health care and counseling for parents, education and services related to family planning.
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices harmful to children's health.
4. States Parties undertake to promote and encourage international cooperation in order to achieve progressively the full realization of the right recognized in this article. And take into account the particular needs of developing countries in this regard.
States Parties recognize the right of a child deposited by the competent authorities for the purpose of care, protection, or treatment of his physical or mental health, to periodically review the treatment provided to the child and for all other circumstances related to his placement.
1. States Parties recognize for every child the right to benefit from social security, including social insurance, and take the necessary measures to achieve the full realization of this right in accordance with their national law.
2. Benefits should be granted, where appropriate, taking into account the resources and circumstances of the child and persons responsible 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.
1. States Parties recognize the right of every child to a standard of living adequate for his or her physical, mental, spiritual, moral and social development.
2. The parents, or one of them, or the other persons responsible for the child, bear the primary responsibility for, within the limits of their financial capabilities and capabilities, to secure the living conditions necessary for the child's development.
3. States Parties shall, in accordance with their national conditions and within the limits of their capabilities, take appropriate measures in order to assist parents and other persons responsible for the child to realize this right and shall provide, when necessary, material assistance and support programs, especially with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to ensure that alimony is collected for the child from the parents or other persons financially responsible for the child, whether within the State Party or abroad. In particular, when the person financially responsible for the child lives in a State other than the one in which the child lives, States Parties are encouraged to accede to international agreements or to conclude such agreements, as well as to take other appropriate arrangements.
1. States Parties recognize the child's right 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 freely available to all;
(B) Encouraging the development of various forms of secondary education, whether general or vocational, providing them and making them available to all children, and taking appropriate measures such as introducing free education and providing financial aid when needed,
(C) Making higher education, by various appropriate means, available to all on the basis of capacity,
(D) Make educational and professional information and guidelines available and accessible to all children.
(E) Take measures to encourage regular attendance in schools and reduce dropout rates.
2. State Parties shall take all appropriate measures to ensure that the system in schools is administered in a manner consistent with the child's human dignity and consistent with this convention.
3. The States Parties to this Agreement shall promote and encourage international cooperation in matters related to education, especially with the aim of contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern means of education. And take into account the particular needs of developing countries in this regard.
1. States Parties agree that a child's education is directed towards:
(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 the principles enshrined in the United Nations Charter,
(C) The development of respect for the child's family, cultural identity, language and special value, and the national values of the country in which the child lives and the country in which he was originally raised, and civilizations different from his own,
(D) To prepare the child for responsible life in a free society, in a spirit of understanding, peace, tolerance, gender equality and friendship among all peoples, ethnic, national and religious groups and persons belonging to the indigenous population,
(E) The development of respect for the natural environment.
2. Nothing in the text of this Article or Article 28 shall be interpreted as interfering with the freedom of individuals and organizations to establish and manage educational institutions, subject always to observance of the principles stipulated in Paragraph 1 of this Article and the requirement that the education provided by these institutions conform to the minimum standards that they may set. The state.
In countries where there are ethnic, religious or linguistic minorities or indigenous people, it is not permissible to deprive a child belonging to those minorities or those inhabitants of the right to enjoy, along with the rest of the group, his culture, to publicize his religion and practice his rituals, or to use his language.
1. States Parties recognize the right of the child to rest and leisure, to engage in games and recreational activities appropriate to their age 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.
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 dangerous or to impede the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral, or social development.
2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of this article. For this purpose, and subject to the provisions of other relevant international instruments, States Parties shall in particular:
(A) fixing a minimum age or minimum ages for admission to work,
(B) Establishing an adequate system of working hours and conditions,
(C) Imposing appropriate penalties or other penalties to ensure that this Article is effectively enforced.
States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to prevent children from the illicit use of narcotic substances 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.
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) Forcing or forcing 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.
State Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction, sale or trafficking of children for any purpose or in any form.
States Parties shall protect the child from all other forms of exploitation harmful to any aspect of the child's welfare.
State Parties shall ensure:
(A) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. The death penalty or life imprisonment shall not be imposed for crimes committed by persons under the age of eighteen years without the possibility of their release.
(B) No child is unlawfully or arbitrarily deprived of his or her liberty. The arrest, detention or imprisonment of a child must be carried out in accordance with the law and may only be exercised as a last resort and for the shortest appropriate period of time.
(C) Every child deprived of his freedom shall be treated with humanity and respect for the inherent dignity of the human being, and in a manner that takes into account the needs of persons who have reached his age. In particular, every child deprived of his liberty shall be separated from adults, unless he considers that the best interest of the child requires otherwise, and he shall have the right to maintain contact with his family through correspondence and visits, except in exceptional circumstances.
(D) Every child deprived of his liberty shall have the right to promptly obtain legal aid and other appropriate assistance, as well as the right to challenge the legality of his deprivation of liberty before a court or other independent and impartial competent authority, and that any such procedure be decided quickly. Like.
1. States Parties undertake to respect the rules of international humanitarian law applicable to them in armed conflicts related to children and to ensure respect for these rules.
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. When recruiting from among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavor to give priority to those who are older.
4. States Parties, in accordance with their obligations under international humanitarian law to protect the civilian population in armed conflict, shall take all feasible measures to ensure the protection and care of children affected by armed conflict.
States Parties shall take all appropriate measures to encourage the physical and psychological rehabilitation and social reintegration of a child who is a victim of any form of neglect, exploitation or abuse, torture or any other form of cruel, inhuman or degrading treatment or punishment, or armed conflict. This rehabilitation and reintegration takes place in an environment that promotes a child's health, self-esteem and dignity.
1. States Parties recognize the right of every child who claims to have violated the penal law, is accused of doing so, or is proven to be so, to be treated in a manner consistent with raising the child's sense of dignity and worth, and that reinforces the child's respect for the human rights and fundamental freedoms of others and takes into account the child's age and the desirability of encouraging reintegration The child and playing a constructive role in society.
2. To achieve this, and subject to the relevant provisions of international instruments, States Parties shall ensure, in particular, that:
(A) The child is not alleged to have violated the penal law, accused of doing so, or proven against him because of actions or deficiencies that were not prohibited by national or international law when they were committed,
(B) Every child who claims or is accused of violating the Penal Code has at least the following safeguards:
1 Assuming his innocence until proven guilty according to the law,
2 Notify him immediately and directly of the charges against him, through his parents or legal guardians, when necessary, and obtain legal or other appropriate assistance to prepare and present his defense,
3 A competent, independent and impartial judicial authority or body decides on his case without delay “in a fair trial in accordance with the law, in the presence of a legal advisor or with the help of another occasion and in the presence of his parents or legal guardians, unless it is considered that this is not in the best interest of the child, especially if Take into account his age or condition,
4 Not to be compelled to testify or confess guilt, to interrogate or secure “the interrogation of opposing witnesses and to ensure the participation and interrogation of witnesses in his favor under conditions of equality,
5 If it is deemed to have violated the penal code, ensuring that a higher “independent and impartial” competent authority or judicial body in accordance with the law reconsider this decision and any measures imposed accordingly,
6 Receive free interpreter assistance if the child is unable to understand or pronounce the “used language,” 7 ″ Ensure that his private life is fully respected during all stages of the case.
3. State Parties shall endeavor to promote the establishment of laws, procedures, authorities and institutions that specifically apply to children who are alleged to have violated the penal law, are accused of doing so, or are proven to do so, especially by doing the following:
(A) Establish a minimum age below which children are presumed not to have the capacity to violate the penal code,
(B) The desirability of taking measures when necessary to treat these children without resorting to judicial procedures, provided that human rights and legal safeguards are fully respected.
4. Various arrangements are available, such as care, counseling and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care, to ensure that children are treated in a manner appropriate to their well-being and proportionate both to their circumstances and their offense.
Nothing in this convention affects any provisions that are more expeditious to realizing the rights of the child, which may be contained in:
(A) The law of a State Party, or,
(B) International law in force in that State.
States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and effective means, to adults and children alike.
1. A committee on the rights of the child shall be established for the purpose of studying the progress made by the states parties in fulfilling the implementation of the obligations they undertook in this convention to carry out the functions set forth below.
2. The committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this convention. Members of the Committee are elected by States Parties from among their own nationals and those members serve in their personal capacity, and consideration is given to equitable geographical distribution as well as to the main legal systems.
3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties. Each State Party may nominate one person from among its own nationals.
4. The first election for membership of the Committee shall take place at most six months after the date on which this agreement enters into force, and then every two years. At least four months before the date of each election, the Secretary-General of the United Nations sends a letter to the States Parties inviting them to submit their nominations within two months. Then the Secretary-General prepares a list in alphabetical order of all the persons nominated in this way, indicating the states parties that nominated them, and communicates them to the states parties to this convention.
5. The elections shall take place in meetings of the states parties called for by the Secretary General to hold them at the United Nations headquarters. In these meetings, in which the presence of two-thirds of the States Parties constituting a quorum, the persons elected to the Committee shall be the ones who obtain the largest number of votes and the absolute majority of the votes of the representatives of the States Parties present and voting.
6. Members of the Committee are elected for a period of four years. And it's possible to reelect them if they were nominated again. However, the term of office of five of the members elected in the first election expires upon the lapse of two years, and immediately after the first election, the meeting chairperson selects the names of these five members by lot.
7. If a member of the committee dies, resigns, or declares for any other reason that he is unable to perform the duties of the committee, the State Party that nominated the member shall appoint another expert from among its nationals to complete the remainder of the term, subject to the approval of the Committee.
8. The committee shall set its rules of procedure.
9. The Committee elects its officers for a period of two years.
10. Committee meetings are usually held at United Nations Headquarters or at any other occasion designated by the Committee. The committee usually meets once a year and determines the duration of the committee’s meetings, and it is reconsidered, if necessary, at a meeting of the states parties to this convention, subject to the approval of the General Assembly.
11. The Secretary-General of the United Nations shall provide the necessary personnel and facilities for the Committee to carry out effectively its functions under this Convention.
12. Members of the committee established under this agreement shall, with the approval of the General Assembly, receive remuneration from United Nations resources, in accordance with the terms and conditions the General Assembly may decide.
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted to give effect to the rights recognized in this Convention and on the progress made in the enjoyment of those rights:
(A) Within two years after this Convention enters into force for the State Party concerned,
(B) After that, every five years.
2. Reports prepared under this Article clarify the factors and difficulties that affect the degree of fulfillment of the obligations undertaken under this agreement, if such factors and difficulties exist. Reports must 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 this Article, repeat basic information previously provided.
4. The Committee may request from States Parties additional information relevant to the implementation of the Convention.
5. The Committee shall submit to the General Assembly every two years, through the Economic and Social Council, reports on its activities.
6. States Parties shall make their reports widely available to the public in their own countries.
To support 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 shall be entitled to be represented when considering the implementation of the provisions of this Convention falling 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 deems 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 deems appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies any reports from the States Parties that include a request for technical advice or assistance, or indicate their need for such advice or assistance, accompanied by the Committee's observations and suggestions regarding these requests or References, if any such observations and suggestions,
(C) The Committee may recommend that the General Assembly request the Secretary-General to conduct studies on its behalf on specific issues related to children's rights.
(D) The Committee may make suggestions and general recommendations based on information received pursuant to 45 of this Convention. Such general suggestions and recommendations shall be referred to, in Articles 44, of any State Party concerned, and reported to the General Assembly with the comments of the States Parties. If any.
the third part
This agreement is open for signature by all countries.
This agreement is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
All states are open to joining this convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations.
2. The countries that ratify or accede to this convention after depositing the twentieth instrument of ratification or accession, the convention shall enter into force regarding it on the thirtieth day following the date on which this state deposited its instrument of ratification or accession.
1. Any State Party may propose an amendment and submit it to the Secretary-General of the United Nations. The Secretary-General then informs the States Parties of the proposed amendment with a request to inform him of whether they favor a conference of States Parties to consider the proposals and vote on them. If, within four months of the date of this notification, at least one third of the States Parties support the convening of this conference, the Secretary-General shall convene it under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly for approval.
2. Any amendment adopted in accordance with paragraph 1 of this Article shall enter into force when it is approved by the General Assembly of the United Nations and accepted by the States Parties to this Convention by a two-thirds majority.
3. Upon their entry into force, the amendments shall be binding on the States Parties that have accepted them. Other States Parties remain bound by the provisions of this Agreement and any previous amendments that have accepted them.
1. The Secretary of the United Nations receives the text of the reservations made by states at the time of ratification or accession, and circulates them to all states.
2. No reservation may be made that is contrary to the object and purpose of this agreement.
3. Reservations may be withdrawn at any time by sending a notification to this effect to the Secretary-General of the United Nations, who then informs all states of it. This notification shall take effect from the date it is received by the Secretary-General.
Any State Party may withdraw from this Convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date on which the Secretary-General received this notification.
The Secretary-General of the United Nations shall designate the Depositary of this Convention.
The original of this agreement, the texts of which are equally authentic, in Spanish, English, Russian, Chinese, Arabic and French, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned commissioners, duly authorized by their respective governments, have signed this Agreement.