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UN CHILD CONVENTION PART 2
- Subject: UN CHILD CONVENTION PART 2
- From: darnott@xxxxxxxxxx
- Date: Sat, 25 Jan 1997 00:41:00
CONVENTION ON THE RIGHTS OF THE CHILD, POSTED IN 2 PARTS FOR
States Parties recognize the right of a child who has been
placed by the competent authorities for the purposes of care,
protection or treatment of his or her physical or mental
health, to a periodic review of the treatment provided to the
child and all other circumstances relevant to his or her
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
2. The benefits should, where appropriate, be granted, taking
into account the resources and the circumstances of the child
and persons having responsibility for the maintenance of the
child, as well as any other consideration relevant to an
application for benefits made by or on behalf of the child.
1. States Parties recognize the right of every child to a
standard of living adequate for the child's physical, mental,
spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the
primary responsibility to secure, within their abilities and
financial capacities, the conditions of living necessary for
the child's development.
3. States Parties, in accordance with national conditions and
within their means, shall take appropriate measures to assist
parents and others responsible for the child to implement this
right and shall in case of need provide material assistance
and support programmes, particularly with regard to nutrition,
clothing and housing.
4. States Parties shall take all appropriate measures to
secure the recovery of maintenance for the child from the
parents or other persons having financial responsibility for
the child, both within the State Party and from abroad. In
particular, where the person having financial responsibility
for the child lives in a State different from that of the
child, States Parties shall promote the accession to
international agreements or the conclusion of such agreements,
as well as the making of other appropriate arrangements.
1. States Parties recognize the right of the child to
education, and with a view to achieving this right
progressively and on the basis of equal opportunity, they
shall, in particular:
(a) Make primary education compulsory and available free to
(b) Encourage the development of different forms of
secondary education, including general and vocational
education, make them available and accessible to every child,
and take appropriate measures such as the introduction of free
education and offering financial assistance in case of need;
(c) Make higher education accessible to all on the basis of
capacity by every appropriate means;
(d) Make educational and vocational information and guidance
available and accessible to all children;
(e) Take measures to encourage regular attendance at schools
and the reduction of drop-out rates.
2. States Parties shall take all appropriate measures to
ensure that school discipline is administered in a manner
consistent with the child's human dignity and in conformity
with the present Convention.
3. States Parties shall promote and encourage international
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 taken of
the needs of developing countries.
1. States Parties agree that the education of the child shall
be directed to:
(a) The development of the child's personality, talents and
mental and physical abilities to their fullest potential;
(b) The development of respect for human rights and
fundamental freedoms, and for the principles enshrined in the
Charter of the United Nations;
(c) The development of respect for the child's parents, his
or her own cultural identity, language and values, for the
national values of the country in which the child is living;
the country from which he or she may originate, and for
civilizations different from his or her own;
(d) The preparation of the child for responsible life in a
free society, in the spirit of understanding, peace,
tolerance, equality of sexes, and friendship among all
peoples, ethnic, national and religious groups and persons of
(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 1 of the present article and to the requirements
that the education given in such institutions shall conform
to such minimum standards as may be laid down by the State.
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
1. States Parties recognize the right of the child to rest and
leisure, to engage in play and recreational activities
appropriate to the age of the child and to participate freely
in cultural life and the arts.
2. States Parties shall respect and promote the right of the
child to participate fully in cultural and artistic life and
shall encourage the provision of appropriate and equal
opportunities for cultural, artistic, recreational and leisure
1. States Parties recognize the right of the child to be
protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the
child's education, or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.
2. States Parties shall take legislative, administrative,
social and educational measures to ensure the implementation
of the present article. To this end, and having regard to the
relevant provisions of other international instruments, States
Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission
(b) Provide for appropriate regulation of the hours and
conditions of employment;
(c) Provide for appropriate penalties or other sanctions to
ensure the, effective enforcement of the present article.
States Parties shall take all appropriate measures,
including legislative, administrative, social and educational
measures, to protect children from the illicit use of narcotic
drugs and psychotropic substances as defined in the relevant
international treaties, and to prevent the use of children in
the illicit production and trafficking of such substances.
States Parties undertake to protect the child from all forms
of sexual exploitation and sexual abuse. For these purposes,
States Parties shall in particular take all appropriate
national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any
unlawful sexual activity;
(b) The exploitative use of children in prostitution or
other unlawful sexual practices;
The exploitative use of children in pornographic
performances and materials
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
States Parties shall protect the child against all other
forms of exploitation prejudicial to any aspects of the
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 takes into account the needs of
persons of his or her age. In particular, every child deprived
of liberty shall be separated from adults unless it is
considered in the child's best interest not to do so and shall
have the right to maintain contact with his or her family
through correspondence and visits, save in exceptional
(d) Every child deprived of his or her liberty shall have
the right to prompt access to legal and other appropriate
assistance, as well as the right to challenge the legality of
the deprivation of his or her liberty before a court or other
competent, independent and impartial authority, and to a
prompt decision on any such action.
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
States Parties shall take all appropriate measures to
promote physical and psychological recovery and social
reintegration of a child victim of: any form of neglect,
exploitation, or abuse; torture or any other form of
cruel, inhuman or degrading treatment or punishment; or armed
conflicts. Such recovery and reintegration shall take place in
an environment which fosters the health, self-respect and
dignity of the child.
1. States Parties recognize the right of every child alleged
as, accused of, or recognized as having infringed the penal
law to be treated in a manner consistent with the promotion of
the child's sense of dignity and worth, which reinforces the
child's respect for the human rights and fundamental freedoms
of others and which takes into account the child's age and the
desirability of promoting the child's reintegration and the
child's assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions
of international instruments, States Parties shall, in
particular, ensure that:
(a) No child shall be alleged as, be accused of, or
recognized as having infringed the penal law by reason of acts
or omissions that were not prohibited by national or
international law at the time they were committed;
(b) Every child alleged as or accused of having infringed
the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to
(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 of 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 his
or her behalf under conditions of equality;
(v) If considered to have infringed the penal law, to have
this decision and any measures imposed in consequence thereof
reviewed by a higher competent, independent and impartial
authority or judicial body according to law;
(vi) To have the free assistance 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
(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
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.
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.
States Parties undertake to make the principles and
provisions of the Convention widely known, by appropriate and
active means, to adults and children alike.
1. For the purpose of examining the progress made by States
Parties in achieving the realization of the obligations
undertaken in the present Convention, there shall be
established a Committee on the Rights of the Child, which
shall carry out the functions hereinafter provided.
2. The Committee shall consist of ten experts of high moral
standing and recognized competent in the field covered by this
Convention. The members of the Committee shall be elected by
States Parties from among their nationals and shall serve in
their personal capacity, consideration being given to
equitable geographical distribution, as well as to the
principal legal systems.
3. The members of the Committee shall be elected by secret
ballot from a list of persons nominated by States Parties.
Each State Party may nominate one person from among its own
4. The initial election to the Committee shall be held no
later than six months after the date of the entry into force
of the present Convention and thereafter every second year. At
least four months before the date of each election, the
Secretary-General of the United Nations shall address a letter
to States Parties inviting them to submit their nominations
within two months. The Secretary-General shall subsequently
prepare a list in alphabetical order of all persons thus
nominated, indicating States Parties which have nominated
them, and shall submit it to the States Parties to the present
5. The elections shall be held at meetings of States Parties
convened by the Secretary-General at United Nations
Headquarters. At those meetings, for which two thirds of
States Parties shall constitute a quorum, the persons elected
to the Committee shall be those who obtain the largest number
of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
6. The members of the Committee shall be elected for a term of
four years They shall be eligible for re-election if
renominated. The term of five of the members elected at the
first election shall expire at the end of two years;
immediately after the first election, the names of these five
members shall be chosen by lot by the Chairman of the meeting.
7. If a member of the Committee dies or resigns or declares
that for any other cause he or she can no longer perform the
duties of the Committee, the State Party which nominated the
member shall appoint another expert from among its nationals
to serve for the remainder of the term, subject to the
approval of the Committee.
8. The Committee shall establish its own rules of procedure.
9. The Committee shall elect its officers for a period of two
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, it necessary, by a meeting
of the States Parties to the present Convention, subject to
the approval of the General Assembly.
11. The Secretary-General of the United Nations shall provide
the necessary staff and facilities for the effective
performance of the functions of the Committee under the
12. With the approval of the General Assembly, the members of
the Committee established under the present Convention shall
receive emoluments from United Nations resources on such terms
and conditions as the Assembly may decide.
1. States Parties undertake to submit to the Committee,
through the Secretary-General of the United Nations, reports
on the measures they have adopted which give effect to the
rights recognized herein and on the progress made on the
enjoyment of those rights:
(a) Within two years of the entry into force of the
Convention for the State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate
factors and difficulties, if any, affecting the degree of
fulfillment of the obligations under the present Convention.
Reports shall also contain sufficient information to provide
the Committee with a comprehensive understanding of the
implementation of the Convention in the country concerned.
3. A State Party which has submitted a comprehensive initial
report to the Committee need not, in its subsequent reports
submitted in accordance with paragraph 1 (b) of the present
article, repeat basic information previously provided.
4. The Committee may request from States Parties further
information relevant to the implementation of the Convention.
5. The Committee shall submit to the General Assembly, through
the Economic and Social Council, every two years, reports on
6. States Parties shall make their reports widely available to
the public in their own countries.
In order to foster the effective implementation of the
Convention and to encourage international co-operation in the
field covered by the Convention:
(a) The specialized agencies, the United Nations Children's
Fund, and other United Nations organs shall be entitled to be
represented at the consideration of the implementation of such
provisions of the present Convention as fall within the scope
of their mandate. The Committee may invite the specialized
agencies, the United Nations Children's Fund and other
competent bodies as it may consider appropriate to provide
expert advice on the implementation of the Convention in areas
falling within the scope of their respective mandates. The
Committee may invite the specialized agencies, the United
Nations Children's Fund, and other United Nations organs to
submit reports on the implementation of the Convention in
areas falling within the scope of their activities;
(b) The Committee shall transmit, as it may consider
appropriate, to the specialized agencies, the United Nations
Children's Fund and other competent bodies, any reports from
States Parties that contain a request, or indicate a need, for
technical advice or assistance, along with the Committee's
observations and suggestions, if any, on these requests or
(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
(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.
The present Convention shall be open for signature by all
The present Convention is subject to ratification.
Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
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.
1. The present Convention shall enter into force on the
thirtieth day following the date of deposit with the
Secretary-General of the United Nations of the twentieth
instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention
after the deposit of the twentieth instrument of ratification
or accession, the Convention shall enter into force on the
thirtieth day after the deposit by such State of its
instrument of ratification or accession.
1. Any State Party may propose an amendment and file it with
the Secretary-General of the United Nations. The
Secretary-General shall thereupon communicate the proposed
amendment to States Parties, with a request that they indicate
whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the
event that, within four months from the date of such
communication, at least one third of the States Parties favour
such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any
amendment adopted by a majority of States Parties present and
voting at the conference shall be submitted to the General
Assembly for approval.
2. An amendment adopted in accordance with paragraph 1 of the
present article shall enter into force when it has been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on
those States Parties which have accepted it, other States
Parties still being bound by the provisions of the present
Convention and any earlier amendments which they have
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 an the date on which it is
received by the Secretary-General.
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.
The Secretary-General of the United Nations is designated as
the depositary of the present Convention.
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.