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
- 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
- Recognizing that the United Nations has, in the Universal
Declaration of Human Rights and in the International Covenants on
Human Rights, proclaimed and agreed that everyone is entitled to
all the rights and freedoms set forth therein, without distinction
of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property,
birth or other status,
- Recalling that, in the Universal Declaration of Human Rights,
the United Nations has proclaimed that childhood is entitled to
special care and assistance,
- Convinced that the family, as the fundamental group of
society and the natural environment for the growth and well-being
of all its members and particularly children, should be afforded
the necessary protection and assistance so that it can fully assume
its responsibilities within the community,
- Recognizing that the child, for the full and harmonious
development of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love and
- Considering that the child should be fully prepared to live an
individual life in society, and brought up in the spirit of the
ideals proclaimed in the Charter of the United Nations, and in
particular in the spirit of peace, dignity, tolerance, freedom,
equality and solidarity,
- Bearing in mind that the need to extend particular care to the
child has been stated in the Geneva Declaration of the Rights of
the Child of 1924 and in the Declaration of the Rights of the Child
adopted by the General Assembly on 20 November 1959 and recognized
in the Universal Declaration of Human Rights, in the International
Covenant on Civil and Political Rights (in particular in articles
23 and 24), in the International Covenant on Economic, Social and
Cultural Rights (in particular in article 10) and in the statutes
and relevant instruments of specialized agencies and international
organizations concerned with the welfare of children,
- Bearing in mind that, as indicated in the Declaration of the
Rights of the Child, "the child, by reason of his physical and
mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth",
- Recalling the provisions of the Declaration on Social and Legal
Principles relating to the Protection and Welfare of Children, with
Special Reference to Foster Placement and Adoption Nationally and
Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules); and the
Declaration on the Protection of Women and Children in Emergency
and Armed Conflict, Recognizing that, in all countries in the
world, there are children living in exceptionally difficult
conditions, and that such children need special consideration,
- Taking due account of the importance of the traditions and
cultural values of each people for the protection and harmonious
development of the child, Recognizing the importance of
international co-operation for improving the living conditions of
children in every country, in particular in the developing
Have agreed as follows:
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.
1. States Parties shall respect and ensure the rights set forth
in the present Convention to each child within their jurisdiction
without discrimination of any kind, irrespective of the child's or
his or her parent's or legal guardian's race, colour, sex,
language, religion, political or other opinion, national, ethnic or
social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure
that the child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or
1. In all actions concerning children, whether undertaken by
public or private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such protection
and care as is necessary for his or her well-being, taking into
account the rights and duties of his or her parents, legal
guardians, or other individuals legally responsible for him or her,
and, to this end, shall take all appropriate legislative and
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
States Parties shall undertake all appropriate legislative,
administrative, and other measures for the implementation of the
rights recognized in the present Convention. With regard to
economic, social and cultural rights, States Parties shall
undertake such measures to the maximum extent of their available
resources and, where needed, within the framework of international
States Parties shall respect the responsibilities, rights and
duties of parents or, where applicable, the members of the extended
family or community as provided for by local custom, legal
guardians or other persons legally responsible for the child, to
provide, in a manner consistent with the evolving capacities of the
child, appropriate direction and guidance in the exercise by the
child of the rights recognized in the present Convention.
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.
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.
1. States Parties undertake to respect the right of the child to
preserve his or her identity, including nationality, name and
family relations as recognized by law without unlawful
2. Where a child is illegally deprived of some or all of the
elements of his or her identity, States Parties shall provide
appropriate assistance and protection, with a view to
re-establishing speedily his or her identity.
1. States Parties shall ensure that a child shall not be
separated from his or her parents against their will, except when
competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation
is necessary for the best interests of the child. Such
determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one
where the parents are living separately and a decision must be made
as to the child's place of residence.
2. In any proceedings pursuant to paragraph 1 of the present
article, all interested parties shall be given an opportunity to
participate in the proceedings and make their views known.
3. States Parties shall respect the right of the child who is
separated from one or both parents to maintain personal relations
and direct contact with both parents on a regular basis, except if
it is contrary to the child's best interests.
4. Where such separation results from any action initiated by a
State Party, such as the detention, imprisonment, exile,
deportation or death (including death arising from any cause while
the person is in the custody of the State) of one or both parents
or of the child, that State Party shall, upon request, provide the
parents, the child or, if appropriate, another member of the family
with the essential information concerning the whereabouts of the
absent member(s) of the family unless the provision of the
information would be detrimental to the well-being of the child.
States Parties shall further ensure that the submission of such a
request shall of itself entail no adverse consequences for the
1. In accordance with the obligation of States Parties under
article 9, paragraph 1, applications by a child or his or her
parents to enter or leave a State Party for the purpose of family
reunification shall be dealt with by States Parties in a positive,
humane and expeditious manner. States Parties shall further ensure
that the submission of such a request shall entail no adverse
consequences for the applicants and for the members of their
2. A child whose parents reside in different States shall have
the right to maintain on a regular basis, save in exceptional
circumstances personal relations and direct contacts with both
parents. Towards that end and in accordance with the obligation of
States Parties under article 9, paragraph 1, States Parties shall
respect the right of the child and his or her parents to leave any
country, including their own, and to enter their own country. The
right to leave any country shall be subject only to such
restrictions as are prescribed by law and which are necessary to
protect the national security, public order (ordre public), public
health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the present
1. States Parties shall take measures to combat the illicit
transfer and non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of
bilateral or multilateral agreements or accession to existing
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
2. For this purpose, the child shall in particular be provided
the opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent with
the procedural rules of national law.
1. The child shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally, in
writing or in print, in the form of art, or through any other media
of the child's choice.
2. The exercise of this right may be subject to certain
restrictions, but these shall only be such as are provided by law
and are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order
(ordre public), or of public health or morals.
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.
1. States Parties recognize the rights of the child to freedom
of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights
other than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the
rights and freedoms of others.
1. No child shall be subjected to arbitrary or unlawful
interference with his or her privacy, family, or correspondence,
nor to unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against
such interference or attacks.
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
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;
(c) Encourage the production and dissemination of children's
(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.
1. States Parties shall use their best efforts to ensure
recognition of the principle that both parents have common
responsibilities for the upbringing and development of the child.
Parents or, as the case may be, legal guardians, have the primary
responsibility for the upbringing and development of the child. The
best interests of the child will be their basic concern.
2. For the purpose of guaranteeing and promoting the rights set
forth in the present Convention, States Parties shall render
appropriate assistance to parents and legal guardians in the
performance of their child-rearing responsibilities and shall
ensure the development of institutions, facilities and services for
the care of children.
3. States Parties shall take all appropriate measures to ensure
that children of working parents have the right to benefit from
child-care services and facilities for which they are eligible.
1. States Parties shall take all appropriate legislative,
administrative, social and educational measures to protect the
child from all forms of physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who has the care
of the child.
2. Such protective measures should, as appropriate, include
effective procedures for the establishment of social programmes to
provide necessary support for the child and for those who have the
care of the child, as well as for other forms of prevention and for
identification, reporting, referral, investigation, treatment and
follow-up of instances of child maltreatment described heretofore,
and, as appropriate, for judicial involvement.
1. A child temporarily or permanently deprived of his or her
family environment, or in whose own best interests cannot be
allowed to remain in that environment, shall be entitled to special
protection and assistance provided by the State.
2. States Parties shall in accordance with their national laws
ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement,
kafalah of Islamic law, adoption or if necessary placement in
suitable institutions for the care of children. When considering
solutions, due regard shall be paid to the desirability of
continuity in a child's upbringing and to the child's ethnic,
religious, cultural and linguistic background.
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.
1. States Parties shall take appropriate measures to ensure that
a child who is seeking refugee status or who is considered a
refugee in accordance with applicable international or domestic law
and procedures shall, whether unaccompanied or accompanied by his
or her parents or by any other person, receive appropriate
protection and humanitarian assistance in the enjoyment of
applicable rights set forth in the present Convention and in other
international human rights or humanitarian instruments to which the
said States are Parties.
2. For this purpose, States Parties shall provide, as they
consider appropriate, 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 with his or her family. In
cases where no parents or other members of the family can be found,
the child shall be accorded the same protection as any other child
permanently or temporarily deprived of his or her family
environment for any reason , as set forth in the present
1. States Parties recognize that a mentally or physically
disabled child should enjoy a full and decent life, in conditions
which ensure dignity, promote self-reliance and facilitate the
child's active participation in the community.
2. States Parties recognize the right of the disabled child to
special care and shall encourage and ensure the extension, subject
to available resources, to the eligible child and those responsible
for his or her care, of assistance for which application is made
and which is appropriate to the child's condition and to the
circumstances of the parents or others caring for the child.
3. Recognizing the special needs of a disabled child, assistance
extended in accordance with paragraph 2 of the present article
shall be provided free of charge, whenever possible, taking into
account the financial resources of the parents or others caring for
the child, and shall be designed to ensure that the disabled child
has effective access to and receives education, training, health
care services, rehabilitation services, preparation for employment
and recreation opportunities in a manner conducive to the child's
achieving the fullest possible social integration and individual
development, including his or her cultural and spiritual
4. States Parties shall promote, in the spirit of international
cooperation, the exchange of appropriate information in the field
of preventive health care and of medical, psychological and
functional treatment of disabled children, including dissemination
of and access to information concerning methods of rehabilitation,
education and vocational services, with the aim of enabling States
Parties to improve their capabilities and skills and to widen their
experience in these areas. In this regard, particular account shall
be taken of the needs of developing countries.
1. States Parties recognize the right of the child to the
enjoyment of the highest attainable standard of health and to
facilities for the treatment of illness and rehabilitation of
health. States Parties shall strive to ensure that no child is
deprived of his or her right of access to such health care
2. States Parties shall pursue full implementation of this right
and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance and
health care to all children with emphasis on the development of
primary health care;
(c) To combat disease and malnutrition, including within the
framework of primary health care, through, inter alia, the
application of readily available technology and through the
provision of adequate nutritious foods and clean drinking-water,
taking into consideration the dangers and risks of environmental
(d) To ensure appropriate pre-natal and post-natal health care
(e) To ensure that all segments of society, in particular
parents and children, are informed, have access to education and
are supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and
environmental sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for parents and
family planning education and services.
3. States Parties shall take all effective and appropriate
measures with a view to abolishing traditional practices
prejudicial to the health of children.
4. States Parties undertake to promote and encourage
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.
States Parties recognize the right of a child who has been
placed by the competent authorities for the purposes of care,
protection or treatment of his or her physical or mental health, to
a periodic review of the treatment provided to the child and all
other circumstances relevant to his or her placement.
1. States Parties shall recognize for every child the right to
benefit from social security, including social insurance, and shall
take the necessary measures to achieve the full realization of this
right in accordance with their national law.
2. The benefits should, where appropriate, be granted, taking
into account the resources and the circumstances of the child and
persons having responsibility for the maintenance of the child, as
well as any other consideration relevant to an application for
benefits made by or on behalf of the child.
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
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
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
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
3. States Parties shall promote and encourage international
cooperation in matters relating to education, in particular with a
view to contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this regard,
particular account shall be taken of the needs of developing
1. States Parties agree that the education of the child shall be
(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
(c) The development of respect for the child's parents, his or
her own cultural identity, language and values, for the national
values of the country in which the child is living, the country
from which he or she may originate, and for civilizations different
from his or her own;
(d) The preparation of the child for responsible life in a free
society, in the spirit of understanding, peace, tolerance, equality
of sexes, and friendship among all peoples, ethnic, national and
religious groups and persons of indigenous origin;
(e) The development of respect for the natural environment.
2. No part of the present article or article 28 shall be
construed so as to interfere with the liberty of individuals and
bodies to establish and direct educational institutions, subject
always to the observance of the principle set forth in paragraph 1
of the present article and to the requirements that the education
given in such institutions shall conform to such minimum standards
as may be laid down by the State.
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.
1. States Parties recognize the right of the child to rest and
leisure, to engage in play and recreational activities appropriate
to the age of the child and to participate freely in cultural life
and the arts.
2. States Parties shall respect and promote the right of the
child to participate fully in cultural and artistic life and shall
encourage the provision of appropriate and equal opportunities for
cultural, artistic, recreational and leisure activity.
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
(a) Provide for a minimum age or minimum ages for admission to
(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;
(c) 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 any form.
States Parties shall protect the child against all other forms
of exploitation prejudicial to any aspects of the child's
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
(c) Every child deprived of liberty shall be treated with
humanity and respect for the inherent dignity of the human person,
and in a manner which takes into account the needs of persons of
his or her age. In particular, every child deprived of liberty
shall be separated from adults unless it is considered in the
child's best interest not to do so and shall have the right to
maintain contact with his or her family through correspondence and
visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the
right to prompt access to legal and other appropriate assistance,
as well as the right to challenge the legality of the deprivation
of his or her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on
any such action.
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
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
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,
(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
(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 penal
(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.
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
2. The Committee shall consist of eighteen experts of high moral
standing and recognized competence in the field covered by this
Convention.1/ 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 Convention.
5. The elections shall be held at meetings of States Parties
convened by the Secretary-General at United Nations Headquarters.
At those meetings, for which two thirds of States Parties shall
constitute a quorum, the persons elected to the Committee shall be
those who obtain the largest number of votes and an absolute
majority of the votes of the representatives of States Parties
present and voting.
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
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, if necessary, by a meeting of the States
Parties to the present Convention, subject to the approval of the
11. The Secretary-General of the United Nations shall provide
the necessary staff and facilities for the effective performance of
the functions of the Committee under the present Convention.
12. With the approval of the General Assembly, the members of
the Committee established under the present Convention shall
receive emoluments from United Nations resources on such terms and
conditions as the Assembly may decide.
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
(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 fulfilment of the
obligations under the present Convention. Reports shall also
contain sufficient information to provide the Committee with a
comprehensive understanding of the implementation of the Convention
in the country concerned.
3. A State Party which has submitted a comprehensive initial
report to the Committee need not, in its subsequent reports
submitted in accordance with paragraph 1 (b) of the present
article, repeat basic information previously provided.
4. The Committee may request from States Parties further
information relevant to the implementation of the Convention.
5. The Committee shall submit to the General Assembly, through
the Economic and Social Council, every two years, reports on its
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
(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.
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 accepted.
1. The Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by States at
the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the
present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to
that effect addressed to the Secretary-General of the United
Nations, who shall then inform all States. Such notification shall
take effect on the date on which it is received by the
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.
1/ The General Assembly,
in its resolution 50/155 of 21 December 1995 , approved the
amendment to article 43, paragraph 2, of the Convention on the
Rights of the Child, replacing the word "ten" with the word
"eighteen". The amendment entered into force on 18 November 2002
when it had been accepted by a two-thirds majority of the States
parties (128 out of 191).