Laws

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 entitles to all the rights and freedoms set forth therein, without distinctin of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth of 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 soirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the Spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the 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 particuear 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 immatueity, 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 Ruler for the Administration of 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 cach people for the protection and harmonious development Of the child,

Recognizing the importance of international co-operation for improving the living conditions of children in every country ,in particular In the developing countries,

Have agreed as follows:

PARTI

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 forthe in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opimions, or beliets of the child’s parentss, legal guardians, or family members.

Article 3
1. In all actions concerning childern, 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 fot the implementation of the rights recognized in the present Convention, With regard to economic, social and cultural rights, Stated Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

Article 5
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family of community as provided for by local custom, legal guardians of 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.

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 pre-

serve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

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

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 l of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of child who is separated form one or both parents to maintain personal relations and direct con-

tact with both parents of 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, suck 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 essetial information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the wellbeing of the child. States Parties shall furtehr ensure that the submission of such a request shall of itself entail no adverse consuquences for the person(s) concerned.

Article 10
1. In accordance with the obligation of States Parties under article 9, paragraph l. applications by a child or his or her parents to enter or leave a State 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 Partied under article 9. paragraph l, 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 protect the national security. public order (order 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 nonreturn of children abroad.

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

Article 12
1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be porvided 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 with the procedural rules of national law.

Article 13
1. The child shall have the right to freedom of expression this right shall in clude 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 chorce.

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.

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 (order 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, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

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

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 co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;

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

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

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 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 legsl guardians in the performance of their child-rering responsibilities and shall ensure the development of institutions, facilities and services for the care of childrn.

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 treat-

ment, maltreatment or exploitation, including sexual abuse, whild 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 nece-

ssary 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 in-

volvement.

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

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

5. 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 desirabililty of continuity in a child’s due regard shall be 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.

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 domestice 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 humanitariab instruments to which the said States are Parties.

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

2 For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification as any other child permanently ot 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 partcipation in the community.

2. States Parties recognize the right of the disabled child to special care and shall cncourage and ensure the extension, subject to availdble resources, to the eligble 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 recretion opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and individual development, including his or her cultural and sporitual development.

4. States Parties shall promote, in the spirit of international co-ooreation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled childrem, 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 experiece in these areas. In this regard, particular accunt 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 treatmment 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 franewrok of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate mutriti-ous 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 ues of basic knowledge of child health and nutrition, the advantages of breast-feeding, hygiene and environmental sanitation, the advantages of breast-feeding, hygiene and environmental sanitation and the prevention of accidents;

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

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

4. States Parites undertake to promote and encourgae international co-operation 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 toeatment of his or her physical or mental health, to a periodic review of the treatment provided to the child 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 benefite 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 Psrties 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 abilites and financial capacities, the conditions of living necessary for the child’s development.

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

4. States Parties shall take all appropriate measures to secure the

recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child liver 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 ther 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 approptiate measures such as the introduction of free education and offering financia assistance in case of need;

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

(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 co-operation 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 ta-ken of the needs of developing countries.

Article 29
1. States Parties agree that 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;

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 sporit of understanding, peace, tolerance, eqrality of sexes, and friendship among all peoples, ethnid, national and religious groups and persons of indigenous origin;

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

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph l 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.

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 im 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 olkely 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 heving regard to the relevant provisions of other international instruments, States Parties shall in particular;

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

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

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 to use of children in the illicit production and trafficking of such substances.

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 ether unlawful sexual activity;

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;

(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 take 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 be-fore a coury 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 lhysical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any oher form of cruel, inhuman or degrading teatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, selfrespect and dignity of the child.

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 thd 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 rintegration and the child’s assuming a constructive role in society.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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 Staes 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 ten 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 form among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as to the principal legal systems.

3. The members of the Committee shall be elected be elected by secret ballot from a list of persons nominated by States Parties. Each States 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 Secretaty-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties to the present Convention

5. The elections shall be held at meeting 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 and voting.

6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the ebd 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 pesnt 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 form United Nstions resources on such terms and conditions as the Assembly may decise.

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 cnjoyment of those rights:

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

(b) The reaftre every five years.

2. Reports made under the present article shall indicate factors and difficulties, of any, affecting the degree of fulfilment of the implementation of the Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial reportto 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 Coundil, 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 consideration 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 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;

(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 Unites Nations of the twentieth instrument of ratification or accession,

2. For each State ratifying or accrding 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 ty such State of its instrument of ratification or accession.

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 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. A 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 sccepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States Partied 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 ghe Secretary-General.

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 deposetary 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.

一、「兒童權利公約」的簽約國和批准國一覽表
（「最新版NO 212」1991年5月27日聯合國兒童基金會駐日東京事務所製作）
[批准國/加入國(依英文字母次序排列，括號內的數字表示批准次序)]

1990年
2月5日(1)迦納共和國 8月1日(18)不丹王國、多哥共和國
3月1日(2)越南 3日(20)孟加拉國、貝寧人民共和國、蘇丹
23日(3)厄瓜多爾共和國 7日(23)法國
4月29日(4)梵蒂岡 8日(24)甘比亞和國
5月2日(5)貝利斯 10日(25)宏都拉斯共和國
6月6日(6)瓜地馬拉 13日(26)智利
18日(7)獅子山共和國 16日(27)蘇聯
26日(8)玻利維亞共和國 17日(28)烏干達
29日(9)瑞典 20日(29)幾內亞比紹共和國
7月5日(10)蒙古人民共和國 21日(30)哥斯達黎加、菲律賓
6日(11)埃及 31日(32)布基那法索
10日(12)薩爾瓦多共和國 9月4日(23)秘魯
13日(13)幾內亞(加入) 5日(34)印尼
24日(14)聖多利多福尼比斯 7日(35)塞席爾(西印席洋－島國)
26日(15)模里斯 11日(36)津巴布韋共和國
13日(37)委內瑞拉
30日(16)肯亞 14日(38)尼泊爾
31日(17)塞內加爾 20日(39)馬利
21日(40)朝鮮民主主義人民共和國、墨西哥、葡萄牙

1991年
24日(43)巴西 1月2日(65)馬拉威(加入)
25日(44)巴拉圭 3日(66)南斯拉夫
27日(45)薩伊共和國 7日(67)捷克
28日(46)羅馬尼亞 8日(68)挪威
30日(47)馬爾他、納米比亞 14日(69)蓋亞那、尼日共和國
10月1日(50)白俄 24日(70)盧安達
2日(51)查德、東德 28日(71)哥倫比亞
5日(53)尼加拉瓜 2月4日(72)象牙海岸
9日(54)巴貝多 7日(73)塞普魯斯
19日(55)蒲隆地共和國 11日(74)馬爾地夫共和國
11月5日(56)格林那達 20日(75)巴哈馬
12日(57)巴基斯坦 3月13日(76)多明尼卡協和國
20日(58)烏拉圭 19日(77)馬達加斯加共和國
12月4日(59)阿根廷 4月19日(78)奈及利亞共和國
5日(60)安哥拉 5月1日(79)葉門
6日(61)吉布地(東非之 10日(80)寮國
-共和國)、西班牙
12日(63)巴拿馬 20日(81)牙買加國、黎巴嫩
依索匹亞(加入)、聖多美及普林西比民主共和國(加入)
17日(64)澳洲

[註解]「加入」就是依本公約第四十八條，不簽署，而成為簽約國
　　　〔簽署國（依英文字母順序、括號內為簽署次序）〕

1990
1月26日(1)阿爾巴尼亞、阿爾巴尼亞、 26日(71)突尼西亞
奧地利、孟加拉國、比利時 3月2日(72)貝里斯(拉丁美洲、巴西、布基那法索、白俄 7日(73)東德、智利、哥倫比亞、哥斯達 8日(74)玻利維亞、津巴布韋黎加、象牙海岸、古巴、丹共和國

麥、多明尼加、厄瓜多爾、 14日(76)匈牙利薩爾瓦多、芬蘭、法國、加 20日(77)薩伊彭、西德、希臘、瓜地馬拉 21日(78)盧森堡、幾內亞比紹、海地、冰鳥 4月4日(79)巴拉圭

、印尼、義大利、牙買加、 19日(80)巴貝多、馬達加斯加

肯亞、黎巴嫩、馬利、馬爾、英

他、茅利塔尼亞、墨西哥、 20日(83)梵蒂岡

蒙古、摩洛哥、尼泊爾、荷 25日(84)貝寧

蘭、尼日、奈及利亞、挪威 26日(85)賴比瑞亞

、巴拿馬、祕魯、菲律賓、 5月8日(86)蒲隆地

波蘭、葡萄牙、羅馬尼亞、 28日(87)加拿大

盧安達、聖多克利多福尼比 31日(88)保加利亞、宏都拉斯

斯、塞內加爾、西班牙、斯 6月1日(90)坦桑尼亞

里蘭卡、蘇利南共和國（拉 4日(91)不丹

丁美洲）瑞典、多哥、蘇聯 26日(92)庫威特

、烏拉圭、委內瑞拉、越南 29日(93)阿根廷

南斯拉夫 7月3日(94)以色利

29日(62)迦納 24日(95)蘇丹

2月5日(63)甘比亞、埃及 30日(96)中非

6日(65)尼加拉瓜 8月8日(97)多明尼加共和國

3日(66)獅子山、葉門 17日(98)烏干達

14日(68)安哥拉 21日(99)賴索托王國、馬爾地

21日(69)格林那達國、烏克蘭共和國

22日(101)澳洲、史瓦濟蘭那、愛爾蘭、列支敦

23日(103)朝鮮民主主義人民共和國士登公國、莫三鼻給

29日(104)中華人民共和國、約旦、巴布亞新幾內亞洲

9月14日(106)土耳其　　　　　　　　　　　　　　　　（大洋洲）、聖盧西

18日(107)敘利亞　　　　　　　　　　　　　　　　亞、千里達與托貝哥

20日(108)巴基斯坦　　　　　　　　　　　　　　　帕奴亞枝、桑比亞

21日(109)日本 10月1日(128)紐西蘭

25日(110)喀麥隆、韓國 5日(129)塞普魯斯

26日(112)納米比亞 30日(130)巴哈馬

27日(113)阿富汗 1991年

30日(114)查德、葛摩(葛摩伊斯蘭聯 3月12日(131)安契克亞巴布達

邦共和國)、吉布地、蓋亞 5月 1日(132)瑞士

[註解]簽署不具有約東力，但是意味將來有批准的可能