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Cerca una parola nel portale | Ricerca avanzata | Indice di tutte le parole

Mappatura del portale | Ultimi aggiornamenti

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Il Piccolo Museo del Lavoro e dell'Industria

 

Annotazioni storiche e sociali

"Da qui gli Etruschi..."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Luciano Russo

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The "Human" Rights

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Special Rights of the

 

"Child" [below the Age of 18]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Rights of All [Other]

"Animals"

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Convention on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Rights of the Child 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adopted and opened for signature, ratification and accession by

General Assembly resolution 44/25 of 20 November 1989 entry into

force 2 September 1990, in accordance with article 49.

 

 

The Convention

 

Since its adoption in 1989 after more than 60 years of advocacy,

the United Nations Convention on the Rights of the Child has been

ratified more quickly and by more governments (all except Somalia

and the US) than any other human rights instrument.

 

This Convention is also the only international human rights treaty

that expressly gives non-governmental organisations (NGOs) a role

in monitoring its implementation (under Article 45a).

 

The basic premise of the Convention is that children (all human

beings below the age of 18) are born with fundamental freedoms

and the inherent rights of all human beings.

 

Many governments have enacted legislation, created mechanisms

and put into place a range of creative measures to ensure the

protection and realisation of the rights of those under the age of

18.

 

Each government must also report back on children's rights in

their country.

 

 

Optional Protocols

 

Two Optional Protocols to the Convention on the Rights of the

Child exist:

 

The Optional Protocol on the sale of children, child prostitution

and child pornography, dated 18 January 2002 (A/RES/54/263,

dated 25 May 2000)

 

The Optional Protocol on the involvement of children in armed

conflict Adopted (A/RES/54/263, dated 25 May 2000)

 

 

Guiding principles of the Convention

 

 

Definition of the child

(Article 1)

 

The Convention defines a 'child' as a person below the age of 18,

unless the laws of a particular country set the legal age for

adulthood younger.

 

The Committee on the Rights of the Child, the monitoring body for

the Convention, has encouraged States to review the age of

majority if it is set below 18 and to increase the level of protection

for all children under 18.

 

Non-discrimination

(Article 2)

 

The Convention applies to all children, whatever their race,

religion or abilities;

whatever they think or say, whatever type of family they come

from.

 

It doesn't matter where children live, what language they speak,

what their parents do, whether they are boys or girls, what their

culture is, whether they have a disability or whether they are rich

or poor.

 

No child should be treated unfairly on any basis.

 

 

Best interests of the child

(Article 3)

 

The best interests of children must be the primary concern in

making decisions that may affect them.

 

All adults should do what is best for children.

 

When adults make decisions, they should think about how their

decisions will affect children.

 

This particularly applies to budget, policy and law makers.

 

 

Right to life, survival and development

(Article 6)

 

Children have the right to live.

 

Governments should ensure that children survive and develop

healthily.



Respect for the views of the child

(Article 12)

 

When adults are making decisions that affect children, children

have the right to say what they think should happen and have their

opinions taken into account.

 

This does not mean that children can now tell their parents what

to do.

 

This Convention encourages adults to listen to the opinions of

children and involve them in decision-making -- not give children

authority over adults.

 

Article 12 does not interfere with parents' right and responsibility

to express their views on matters affecting their children.

 

Moreover, the Convention recognises that the level of a child's

participation in decisions must be appropriate to the child's level

of maturity.

 

Children's ability to form and express their opinions develops with

age and most adults will naturally give the views of teenagers

greater weight than those of a preschooler, whether in family, legal

or administrative decisions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Committee on the Rights of the Child

 

The Committee on the Rights of the Child is a body of experts

monitoring the implementation of the CRC by States Parties to the

Convention.

 

The Committee holds regular sessions per year to review States

Parties reports on progress made in fulfilling their obligations

under the Convention and its Optional Protocols.

 

The Committee can make suggestions and issue recommendations

to governments and the General Assembly on ways to meet the

Convention's objectives.

 

Information and links on the Committee's activities:

 

 

CRC sessions

 

The Committee meets three times a year for a period of three

weeks in January, May-June and September.

 

Each session, the Committee examines reports from about 10

States Parties, dicusses issues with a government delegation and

issues recommendations (called "Concluding Observations").

 

NGOs are invited to submit "Alternative Reports" to States Parties

reports to give a different perspective to the Committee.

 

All Alternative Reports are made available through the NGO Group

for the CRC and hosted on the CRIN website by session.

 

NGO reports can also be searched on the CRIN website by country,

session and author.

 

Information about past and forthcoming sessions, including State

reports and Concluding Observations can be found on the website

of the High Commissioner for Human Rights.

 

 

Days of General Discussion

 

Once a year, at its September session, the Committee holds a Day

of General Discussion (DGD) on a provision of the Convention on

the Rights of the Child in order to issue more detailed

recommendations to governments.

 

Each year, children, NGOs and experts are invited to submit

documents to inform the Committee's one-day debate with

stakeholders (UN agencies, Committee members, NGOs,

academics, lawyers, children, etc).

 

All submitted documents are posted on the CRIN website.

 

Further information on Days of General Discussion is available on

the OHCHR website.

 

 

Report to the UN General Assembly

 

Once a year, the Committee submits a report to the Third

Committee of the UN General Assembly, hears a statement from

the CRC Chair and the GA adopts a Resolution on the Rights of the

Child.

 

Read the 2006 CRC Report to the GA and the 2006 GA Resolution

on the Rights of the Child.

 

 

Regional workshops on follow up

to Concluding Observations

 

OHCHR, in cooperation with host governments, occasionally

organises regional and sub-regional workshops to follow up on

implementation of the Convention and other Treaty Bodies'

Concluding Observations.

 

CRC workshops have been held in Damascus (Syria), Bangkok

(Thailand), Doha (Qatar), Buenos Aires (Argentina), Suva (Fiji) and

San Josè (Costa Rica), and recommendations have been issued to

the regions concerned.



Information is available on

the CRIN website and the OHCHR website

 

General Comments

 

The Committee occasionally publishes its interpretation of

provisions of the Convention in the form of General Comments,

sometimes, following a Day of General Discussion debate.

 

Information is available on the CRIN website and the OHCHR

website.

 

For regular news updates on the CRC and the activities of the

Committee, visit CRIN's CRC news page.

 

 

On this page the full text of the Declaration in

Italian, English and Swedish.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"Convention on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Rights of the Child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

The States Parties to the present Convention,

 

 

Considering that, in accordance with the principles

proclaimed in the Charter of the United Nations,

recognition of the inherent dignity and of the equal

and inalienable rights of all members of the human

family is the foundation of freedom, justice and

peace in the world,

 

Bearing in mind that the peoples of the United

Nations have, in the Charter, reaffirmed their faith in

fundamental human rights and in the dignity and

worth of the human person, and have determined to

promote social progress and better standards of life

in larger freedom,

 

Recognizing that the United Nations has, in the

Universal Declaration of Human Rights and in the

International Covenants on Human Rights,

proclaimed and agreed that everyone is entitled to all

the rights and freedoms set forth therein, without

distinction of any kind, such as race, colour, sex,

language, religion, political or other opinion, national

or social origin, property, birth or other status,

 

Recalling that, in the Universal Declaration of Human

Rights, the United Nations has proclaimed that

childhood is entitled to special care and assistance,

 

Convinced that the family, as the fundamental group

of society and the natural environment for the growth

and well-being of all its members and particularly

children, should be afforded the necessary

protection and assistance so that it can fully assume

rits esponsibilities within the community,

 

Recognizing that the child, for the full and

harmonious development of his or her personality,

should grow up in a family environment, in an

atmosphere of happiness, love and understanding,

 

Considering that the child should be fully prepared

to live an individual life in society, and brought up in

the spirit of the ideals proclaimed in the Charter of

the United Nations, and in particular in the spirit of

peace, dignity, tolerance, freedom, equality and

solidarity,

 

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 United Nations 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 ten) and in the

statutes and relevant instruments of specialized

agencies and international organizations concerned

with the welfare of children,

 

Bearing in mind that, as indicated in the Declaration

of the Rights of the Child, 'the child, by reason of his

physical and mental immaturity, needs special

safeguards and care, including appropriate legal

protection, before as well as after birth',
 


Recalling the provisions of the Declaration on Social

and Legal Principles relating to the Protection and

Welfare of Children, with Special Reference to Foster

Placement and Adoption Nationally and

Internationally;

the United Nations Standard Minimum Rules for the

Administration of Juvenile Justice ('The Beijing

Rules');

and the Declaration on the Protection of Women and

Children in Emergency and Armed Conflict,

 

Recognizing that, in all countries in the world, there

are children living in exceptionally difficult

conditions, and that such children need special

consideration,

 

Taking due account of the importance of the

traditions and cultural values of each people for the

protection and harmonious development of the child,

 

Recognizing the importance of international

cooperation for improving the living conditions of

children in every country, in particular in the

developing countries,

 

 

Have agreed as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Preamble

 

The preamble recalls the basic principles of the

United Nations and specific provisions of certain

relevant human rights treaties and proclamations.

 

It reaffirms the fact that children, because of their

vulnerability, need special care and protection, and it

places special emphasis on the primary caring and

protective responsibility of the family.

 

It also reaffirms the need for legal and other

protection of the child before and after birth, the

importance of respect for the cultural values of the

child's community, and the vital role of international

cooperation in securing children's rights.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART I

 

 

Substantive Provisions

 

 

Article 1

 

For the purposes of the present Convention, a child

means every human being below the age of 18 years

unless, under the law applicable to the child,

majority is attained earlier.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Definition of a child

 

A child is recognized as a person under 18, unless

national laws recognize the age of majority earlier.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 2

 

1. States Parties shall respect and ensure the rights

set forth in the present Convention to each child

within their jurisdiction without discrimination of

any kind, irrespective of the child's or his or her

parent's or legal guardian's race, colour, sex,

language, religion, political or other opinion,

national, ethnic or social origin, property,

disability, birth or other status.

 

2. States Parties shall take all appropriate measures

to ensure that the child is protected against all

forms of discrimination or punishment on the

basis of the status, activities, expressed opinions,

or beliefs of the child's parents, legal guardians, or

family members.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Non-discrimination

 

All rights apply to all children without exception.

 

It is the State's obligation to protect children from

any form of discrimination and to take positive

action to promote their rights.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 3

 

1. In all actions concerning children, whether

undertaken by public or private social welfare

institutions, courts of law, administrative

authorities or legislative bodies, the best interests

of the child shall be a primary consideration.

 

2. States Parties undertake to ensure the child such

protection and care as is necessary for his or her

well-being, taking into account the rights and

duties of his or her parents, legal guardians, or

other individuals legally responsible for him or her,

and, to this end, shall take all appropriate

legislative and administrative measures.

 

3. States Parties shall ensure that the institutions,

services and facilities responsible for the care or

protection of children shall conform with the

standards established by competent authorities,

particularly in the areas of safety, health, in the

number and suitability of their staff, as well as

competent supervision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Best interests of the child

 

All actions concerning the child shall take full

account of his or her best interests.

 

The State shall provide the child with adequate care

when parents, or others charged with that

responsibility, fail to do so.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 4

 

States Parties shall undertake all appropriate

legislative, administrative, and other measures for

the implementation of the rights recognized in the

present Convention.

 

With regard to economic, social and cultural rights,

States Parties shall undertake such measures to the

maximum extent of their available resources and,

where needed, within the framework of international

cooperation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Implementation of rights

 

The State must do all it can to implement the rights

contained in the Convention.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 5

 

States Parties shall respect the responsibilities,

rights and duties of parents or, where applicable, the

members of the extended family or community as

provided for by local custom, legal guardians or other

persons legally responsible for the child, to provide,

in a manner consistent with the evolving capacities

of the child, appropriate direction and guidance in

the exercise by the child of the rights recognized in

the present Convention.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Parental guidance and

the child's evolving capacities

 

The State must respect the rights and

responsibilities of parents and the extended family

to provide guidance for the child which is

appropriate to her or his evolving capacities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Survival and development

 

Every child has the inherent right to life, and the

State has an obligation to ensure the child's survival

and development.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Name and nationality

 

The child has the right to a name at birth.

 

The child also has the right to acquire a nationality

and, as far as possible, to know his or her parents

and be cared for by them.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 8

 

1. States Parties undertake to respect the right of the

child to preserve his or her identity, including

nationality, name and family relations as

recognized by law without unlawful interference.

 

2. Where a child is illegally deprived of some or all of

the elements of his or her identity, States Parties

shall provide appropriate assistance and

protection, with a view to speedily re-establishing

his or her identity.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Preservation of identity

 

The State has an obligation to protect, and if

necessary, re-establish basic aspects of the child's

identity.

 

This includes name, nationality and family ties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 9

 

1. States Parties shall ensure that a child shall not be

separated from his or her parents against their will,

except when competent authorities subject to

judicial review determine, in accordance with

applicable law and procedures, that such

separation is necessary for the best interests of

the child.

 

Such determination may be necessary in a

particular case such as one involving abuse or

neglect of the child by the parents, or one where

the parents are living separately and a decision

must be made as to the child's place of residence.

 

2. In any proceedings pursuant to paragraph 1 of the

present article, all interested parties shall be given

an opportunity to participate in the proceedings

and make their views known.

 

3. States Parties shall respect the right of the child

who is separated from one or both parents to

maintain personal relations and direct contact with

both parents on a regular basis, except if it is

contrary to the child's best interests.

 

4. Where such separation results from any action

initiated by a State Party, such as the detention,

imprisonment, exile, deportation or death

(including death arising from any cause while the

person is in the custody of the State) of one or

both parents or of the child, that State Party shall,

upon request, provide the parents, the child or, if

appropriate, another member of the family with the

essential information concerning the whereabouts

of the absent member(s) of the family unless the

provision of the information would be detrimental

to the well-being of the child.

 

States Parties shall further ensure that the

submission of such a request shall of itself entail

no adverse consequences for the person(s)

concerned.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Separation from parents

 

The child has a right to live with his or her parents

unless this is deemed to be incompatible with the

child's best interests.

 

The child also has the right to maintain contact with

both parents if separated from one or both.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 10

 

1. In accordance with the obligation of States Parties

under article 9, paragraph 1, applications by a

child or his or her parents to enter or leave a State

Party for the purpose of family reunification shall

be dealt with by States Parties in a positive,

humane and expeditious manner.

 

States Parties shall further ensure that the

submission of such a request shall entail no

adverse consequences for the applicants and for

the members of their family.

 

2. A child whose parents reside in different States

shall have the right to maintain on a regular basis,

save in exceptional circumstances personal

relations and direct contacts with both parents.

 

Towards that end and in accordance with the

obligation of States Parties under article 9,

paragraph 1, States Parties shall respect the right

of the child and his or her parents to leave any

country, including their own, and to enter their

own country.

 

The right to leave any country shall be subject only

to such restrictions as are prescribed by law and

which are necessary to protect the national

security, public order (ordre public), public health

or morals or the rights and freedoms of others and

are consistent with the other rights recognized in

the present Convention.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Family reunification

 

Children and their parents have the right to leave any

country and to enter their own for purposes of

reunion or the maintenance of the child-parent

relationship.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 11

 

1. States Parties shall take measures to combat the

illicit transfer and non-return of children abroad.

 

2. To this end, States Parties shall promote the

conclusion of bilateral or multilateral agreements

or accession to existing agreements.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Illicit transfer and non-return

 

The State has an obligation to prevent and remedy

the kidnapping or retention of children abroad by a

parent or third party.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 12

 

1. States Parties shall assure to the child who is

capable of forming his or her own views the right

to express those views freely in all matters

affecting the child, the views of the child being

given due weight in accordance with the age and

maturity of the child.

 

2. For this purpose, the child shall in particular be

provided the opportunity to be heard in any

judicial and administrative proceedings affecting

the child, either directly, or through a

representative or an appropriate body, in a manner

consistent with the procedural rules of national

law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

The child's opinion

 

The child has the right to express his or her opinion

freely and to have that opinion taken into account in

any matter or procedure affecting the child.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 13

 

1. The child shall have the right to freedom of

expression;

this right shall include freedom to seek, receive

and impart information and ideas of all kinds,

regardless of frontiers, either orally, in writing or

in print, in the form of art, or through any other

media of the child's choice.

 

2. The exercise of this right may be subject to certain

restrictions, but these shall only be such as are

provided by law and are necessary:

 

(a) For respect of the rights or reputations of

others;

 

or

 

(b) For the protection of national security or of

public order (ordre public), or of public health

or morals.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Freedom of expression

 

The child has the right to express his or her views,

obtain information, make ideas or information

known, regardless of frontiers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Freedom of

thought, conscience and religion

 

The State shall respect the child's right to freedom of

thought, conscience and religion, subject to

appropriate parental guidance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 15

 

1. States Parties recognize the rights of the child to

freedom of association and to freedom of peaceful

assembly.

 

2. No restrictions may be placed on the exercise of

these rights other than those imposed in

conformity with the law and which are necessary

in a democratic society in the interests of national

security or public safety, public order (ordre

public), the protection of public health or morals or

the protection of the rights and freedoms of others.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Freedom of association

 

Children have a right to meet with others, and to join

or form associations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Protection of privacy

 

Children have the right to protection from

interference with privacy, family, home and

correspondence, and from libel or slander.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 17

 

States Parties recognize the important function

performed by the mass media and shall ensure that

the child has access to information and material from

a diversity of national and international sources,

especially those aimed at the promotion of his or her

social, spiritual and moral well-being and physical

and mental health.

 

To this end, States Parties shall:

 

(a) Encourage the mass media to disseminate

information and material of social and cultural

benefit to the child and in accordance with the

spirit of article 29;

 

(b) Encourage international cooperation in the

production, exchange and dissemination of such

information and material from a diversity of

cultural, national and international sources;

 

(c) Encourage the production and dissemination of

children's books;

 

(d) Encourage the mass media to have particular

regard to the linguistic needs of the child who

belongs to a minority group or who is indigenous;

 

(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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Access to appropriate information

 

The State shall ensure the accessibility to children of

information and material from a diversity of sources,

and it shall encourage the mass media to

disseminate information which is of social and

cultural benefit to the child, and take steps to protect

him or her from harmful materials.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 18

 

1. States Parties shall use their best efforts to ensure

recognition of the principle that both parents have

common responsibilities for the upbringing and

development of the child.

 

Parents or, as the case may be, legal guardians,

have the primary responsibility for the upbringing

and development of the child.

 

The best interests of the child will be their basic

concern.

 

2. For the purpose of guaranteeing and promoting the

rights set forth in the present Convention, States

Parties shall render appropriate assistance to

parents and legal guardians in the performance of

their child-rearing responsibilities and shall ensure

the development of institutions, facilities and

services for the care of children.

 

2. 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Parental responsibilities

 

Parents have joint primary responsibility for raising

the child, and the State shall support them in this.

 

The State shall provide appropriate assistance to

parents in child-raising.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 19

 

1. States Parties shall take all appropriate legislative,

administrative, social and educational measures to

protect the child from all forms of physical or

mental violence, injury or abuse, neglect or

negligent treatment, maltreatment or exploitation,

including sexual abuse, while in the care of

parent(s), legal guardian(s) or any other person

who has the care of the child.

 

2. Such protective measures should, as appropriate,

include effective procedures for the establishment

of social programmes to provide necessary

support for the child and for those who have the

care of the child, as well as for other forms of

prevention and for identification, reporting,

referral, investigation, treatment and follow-up of

instances of child maltreatment described

heretofore, and, as appropriate, for judicial

involvement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Protection from abuse and neglect

 

The State shall protect the child from all forms of

maltreatment by parents or others responsible for

the care of the child and establish appropriate social

programmes for the prevention of abuse and the

treatment of victims.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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, Kafala 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Protection of a child without family

 

The State is obliged to provide special protection for

a child deprived of the family environment and to

ensure that appropriate alternative family care or

institutional placement is available in such cases.

 

Efforts to meet this obligation shall pay due regard

to the child's cultural 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 intercountry

adoption enjoys safeguards and standards

equivalent to those existing in the case of

national adoption;

 

(d) Take all appropriate measures to ensure that, in

intercountry 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Adoption

 

In countries where adoption is recognized and/or

allowed, it shall only be carried out in the best

interests of the child, and then only with the

authorization of competent authorities, and

safeguards for the child.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 22

 

1. States Parties shall take appropriate measures to

ensure that a child who is seeking refugee status

or who is considered a refugee in accordance with

applicable international or domestic law and

procedures shall, whether unaccompanied or

accompanied by his or her parents or by any other

person, receive appropriate protection and

humanitarian assistance in the enjoyment of

applicable rights set forth in the present

Convention and in other international human

rights or humanitarian instruments to which the

said States are Parties.

 

2. For this purpose, States Parties shall provide, as

they consider appropriate, cooperation in any

efforts by the United Nations and other competent

intergovernmental organizations or non-

governmental organizations 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 Convention.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Refugee children

 

Special protection shall be granted to a refugee child

or to a child seeking refugee status.

 

It is the State's obligation to co-operate with

competent organizations which provide such

protection and assistance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 23

 

1. States Parties recognize that a mentally or

physically disabled child should enjoy a full and

decent life, in conditions which ensure dignity,

promote self-reliance, and facilitate the child's

active participation in the community.

 

2. States Parties recognize the right of the disabled

child to special care and shall encourage and

ensure the extension, subject to available

resources, to the eligible child and those

responsible for his or her care, of assistance for

which application is made and which is

appropriate to the child's condition and to the

circumstances of the parents or others caring for

the child.

 

3. Recognizing the special needs of a disabled child,

assistance extended in accordance with paragraph

2 of the present article shall be provided free of

charge, whenever possible, taking into account the

financial resources of the parents or others caring

for the child, and shall be designed to ensure that

the disabled child has effective access to and

receives education, training, health care services,

rehabilitation services, preparation for employment

and recreation opportunities in a manner

conducive to the child's achieving the fullest

possible social integration and individual

development, including his or her cultural and

spiritual development.

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Disabled children

 

A disabled child has the right to special care,

education and training to help him or her enjoy a full

and decent life in dignity and achieve the greatest

degree of self-reliance and social integration

possible.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 24

 

1. States Parties recognize the right of the child to

the enjoyment of the highest attainable standard of

health and to facilities for the treatment of illness

and rehabilitation of health.

 

States Parties shall strive to ensure that no child is

deprived of his or her right of access to such

health care services.

 

2. States Parties shall pursue full implementation of

this right and, in particular, shall take appropriate

measures:

 

(a) To diminish infant and child mortality;

 

(b) To ensure the provision of necessary medical

assistance and health care to all children with

emphasis on the development of primary

health care;

 

(c) To combat disease and malnutrition including

within the framework of primary health care,

through inter alia the application of readily

available technology and through the provision

of adequate nutritious foods and clean drinking

water, taking into consideration the dangers

and risks of environmental pollution;

 

(d) To ensure appropriate pre-natal and post-natal

health care for mothers;

 

(e) To ensure that all segments of society, in

particular parents and children, are informed,

have access to education and are supported in

the use of basic knowledge of child health and

nutrition, the advantages of 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 Parties shall take all effective and

appropriate measures with a view to abolishing

traditional practises prejudicial to the health of

children.

 

4. States Parties undertake to promote and encourage

international cooperation with a view to achieving

progressively the full realization of the right

recognized in the present article.

 

In this regard, particular account shall be taken of

the needs of developing countries.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Health and health services

 

The child has a right to the highest standard of

health and medical care attainable.

 

States shall place special emphasis on the provision

of primary and preventive health care, public health

education and the reduction of infant mortality.

 

They shall encourage international cooperation in

this regard and strive to see that no child is deprived

of access to effective health services.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 25

 

States Parties recognize the right of a child who has

been placed by the competent authorities for the

purposes of care, protection or treatment of his or her

physical or mental health, to a periodic review of the

treatment provided to the child and all other

circumstances relevant to his or her placement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Periodic review of placement

 

A child who is placed by the State for reasons of

care, protection or treatment is entitled to have that

placement evaluated regularly.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 26

 

1. States Parties shall recognize for every child the

right to benefit from social security, including

social insurance, and shall take the necessary

measures to achieve the full realization of this right

in accordance with their national law.

 

2. The benefits should, where appropriate, be

granted, taking into account the resources and the

circumstances of the child and persons having

responsibility for the maintenance of the child, as

well as any other consideration relevant to an

application for benefits made by or on behalf of

the child.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Social security

 

The child has the right to benefit from social security

including social insurance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 27

 

1. States Parties recognize the right of every child to

a standard of living adequate for the child's

physical, mental, spiritual, moral and social

development.

 

2. The parent(s) or others responsible for the child

have the primary responsibility to secure, within

their abilities and financial capacities, the

conditions of living necessary for the child's

development.

 

3. States Parties, in accordance with national

conditions and within their means, shall take

appropriate measures to assist parents and others

responsible for the child to implement this right

and shall in case of need provide material

assistance and support programmes, particularly

with regard to nutrition, clothing and housing.

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Standard of living

 

Every child has the right to a standard of living

adequate for his or her physical, mental, spiritual,

moral and social development.

 

Parents have the primary responsibility to ensure

that the child has an adequate standard of living.

 

The State's duty is to ensure that this responsibility

can be fulfilled, and is.

 

State responsibility can include material assistance

to parents and their children.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 28

 

1. States Parties recognize the right of the child to

education, and with a view to achieving this right

progressively and on the basis of equal

opportunity, they shall, in particular:

 

(a) Make primary education compulsory and

available free to all;

 

(b) Encourage the development of different forms

of secondary education, including general and

vocational education, make them available and

accessible to every child, and take appropriate

measures such as the introduction of free

education and offering financial assistance in

case of need;

 

(c) Make higher education accessible to all on the

basis of capacity by every appropriate means;

 

(d) Make educational and vocational information

and guidance available and accessible to all

children;

 

(e) Take measures to encourage regular attendance

at schools and the reduction of drop-out rates.

 

2. States Parties shall take all appropriate measures

to ensure that school discipline is administered in

a manner consistent with the child's human

dignity and in conformity with the present

Convention.

 

3. States Parties shall promote and encourage

international cooperation in matters relating to

education, in particular with a view to contributing

to the elimination of ignorance and illiteracy

throughout the world and facilitating access to

scientific and technical knowledge and modern

teaching methods.

 

In this regard, particular account shall be taken of

the needs of developing countries.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Education

 

The child has a right to education, and the State's

duty is to ensure that primary education is free and

compulsory, to encourage different forms of

secondary education accessible to every child and to

make higher education available to all on the basis

of capacity.

 

School discipline shall be consistent with the child's

rights and dignity.

 

The State shall engage in international co-operation

to implement this right.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 29

 

1. States Parties agree that the education of the child

shall be directed to:

 

(a) The development of the child's personality,

talents and mental and physical abilities to

their fullest potential;

 

(b) The development of respect for human rights

and fundamental freedoms, and for the

principles enshrined in the Charter of the

United Nations;

 

(c) The development of respect for the child's

parents, his or her own cultural identity,

language and values, for the national values of

the country in which the child is living, the

country from which he or she may originate,

and for civilizations different from his or her

own;

 

(d) The preparation of the child for responsible life

in a free society, in the spirit of understanding,

peace, tolerance, equality of sexes, and

friendship among all peoples, ethnic, national

and religious groups and persons of

indigenous origin;

 

(e) The development of respect for the natural

environment.

 

2. No part of the present article or article 28 shall be

construed so as to interfere with the liberty of

individuals and bodies to establish and direct

educational institutions, subject always to the

observance of the 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Aims of education

 

Education shall aim at developing the child's

personality, talents and mental and physical abilities

to the fullest extent.

 

Education shall prepare the child for an active adult

life in a free society and foster respect for the child's

parents, his or her own cultural identity, language

and values, and for the cultural background and

values of others.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Children of minorities

or indigenous populations

 

Children of minority communities and indigenous

populations have the right to enjoy their own culture

and to practise their own religion and 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 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Leisure, recreation

and cultural activities

 

The child has the right to leisure, play and

participation in cultural and artistic activities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 32

 

1. States Parties recognize the right of the child to be

protected from economic exploitation and from

performing any work that is likely to be hazardous

or to interfere with the child's education, or to be

harmful to the child's health or physical, mental,

spiritual, moral or social development.

 

2. States Parties shall take legislative, administrative,

social and educational measures to ensure the

implementation of the present article.

 

To this end, and having regard to the relevant

provisions of other international instruments,

States Parties shall in particular:

 

(a) Provide for a minimum age or minimum ages for

admissions to employment;

 

(b) Provide for appropriate regulation of the hours

and conditions of employment;

 

(c) Provide for appropriate penalties or other

sanctions to ensure the effective enforcement

of the present article.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Child labour

 

The child has the right to be protected from work

that threatens his or her health, education or

development.

 

The State shall set minimum ages for employment

and regulate working conditions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 33

 

States Parties shall take all appropriate measures,

including legislative, administrative, social and

educational measures, to protect children from the

illicit use of narcotic drugs and psychotropic

substances as defined in the relevant international

treaties, and to prevent the use of children in the

illicit production and trafficking of such substances.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Drug abuse

 

Children have the right to protection from the use of

narcotic and psychotropic drugs, and from being

involved in their production or distribution.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 34

 

States Parties undertake to protect the child from all

forms of sexual exploitation and sexual abuse.

 

For these purposes, States Parties shall in particular

take all appropriate national, bilateral and multilateral

measures to prevent:

 

(a) The inducement or coercion of a child to engage

in any unlawful sexual activity;

 

(b) The exploitative use of children in prostitution or

other unlawful sexual practises;

 

(c) The exploitative use of children in pornographic

performances and materials.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Sexual exploitation

 

The State shall protect children from sexual

exploitation and abuse, including prostitution and

involvement in pornography.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Sale, trafficking and abduction

 

It is the State's obligation to make every effort to

prevent the sale, trafficking and abduction of

children.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 36

 

States Parties shall protect the child against all other

forms of exploitation prejudicial to any aspects of the

child's welfare.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Other forms of exploitation

 

The child has the right to protection from all forms

of exploitation prejudicial to any aspects of the

child's welfare not covered in articles 32, 33, 34 and

35.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 18 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 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Torture and deprivation of liberty

 

No child shall be subjected to torture, cruel

treatment or punishment, unlawful arrest or

deprivation of liberty.

 

Both capital punishment and life imprisonment

without the possibility of release are prohibited for

offences committed by persons below 18 years.

 

Any child deprived of liberty shall be separated from

adults unless it is considered in the child's best

interests not to do so.

 

A child who is detained shall have legal and other

assistance as well as contact with the family.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 15 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 15 years

into their armed forces.

 

In recruiting among those persons who have

attained the age of 15 years but who have not

attained the age of 18 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Armed conflicts

 

States Parties shall take all feasible measures to

ensure that children under 15 years of age have no

direct part in hostilities.

 

No child below 15 shall be recruited into the armed

forces.

 

States shall also ensure the protection and care of

children who are affected by armed conflict as

described in relevant international law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 39

 

States Parties shall take all appropriate measures to

promote physical and psychological recovery and

social reintegration of a child victim of:

 

- any form of neglect, exploitation, or abuse;

 

- torture or any other form of cruel, inhuman or

degrading treatment or punishment;

 

- or armed conflicts.

 

Such recovery and reintegration shall take place in

an environment which fosters the health, self-respect

and dignity of the child.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Rehabilitative care

 

The State has an obligation to ensure that child

victims of armed conflicts, torture, neglect,

maltreatment or exploitation receive appropriate

treatment for their recovery and social reintegration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 40

 

1. States Parties recognize the right of every child

alleged as, accused of, or recognized as having

infringed the penal law to be treated in a manner

consistent with the promotion of the child's sense

of dignity and worth, which reinforces the child's

respect for the human rights and fundamental

freedoms of others and which takes into account

the child's age and the desirability of promoting

the child's reintegration and the child's assuming

a constructive role in society.

 

2. To this end, and having regard to the relevant

provisions of international instruments, States

Parties shall, in particular, ensure that:

 

a) No child shall be alleged as, be accused of, or

recognized as having infringed the penal law by

reason of acts or omissions that were not

prohibited by national or international law at the

time they were committed;

 

b) Every child alleged as or accused of having

infringed the penal law has at least the

following guarantees:

 

   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 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 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Administration of juvenile justice

 

A child in conflict with the law has the right to

treatment which promotes the child's sense of

dignity and worth, takes the child's age into account

and aims at his or her reintegration into society.

 

The child is entitled to basic guarantees as well as

legal or other assistance for his or her defence.

 

Judicial proceedings and institutional placements

shall be avoided wherever possible.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unofficial Summary

 

Respect for higher standards

 

Wherever standards set in applicable national and

international law relevant to the rights of the child

that are higher than those in this Convention, the

higher standard shall always apply.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART II

 

 

Implementation and Monitoring

 

 

Article 42

 

States Parties undertake to make the principles and

provisions of the Convention widely known, by

appropriate and active means, to adults and children

alike.

 

Article 43

 

  1. For the purpose of examining the progress made

by States Parties in achieving the realization of

the obligations undertaken in the present

Convention, there shall be established a

Committee on the Rights of the Child, which

shall carry out the functions hereinafter

provided.

 

  2. The Committee shall consist of 10 experts of high

moral standing and recognized competence in

the field covered by this Convention.

 

The members of the Committee shall be elected

by States Parties from among their nationals and

shall serve in their personal capacity,

consideration being given to equitable

geographical distribution, as well as to the

principal legal systems.

 

  3. The members of the Committee shall be elected

by secret ballot from a list of persons nominated

by States Parties.

 

Each State Party may nominate one person from

among its own nationals.

 

  4. The initial election to the Committee shall be held

no later than six months after the date of the

entry into force of the present Convention and

thereafter every second year.

 

At least four months before the date of each

election, the Secretary-General of the United

Nations shall address a letter to States Parties

inviting them to submit their nominations within

two months.

 

The Secretary-General shall subsequently

prepare a list in alphabetical order of all persons

thus nominated, indicating States Parties which

have nominated them, and shall submit it to the

States Parties to the present Convention.

 

  5. The elections shall be held at meetings of

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 years.

 

10. The meetings of the Committee shall normally be

held at United Nations Headquarters or at any

other convenient place as determined by the

Committee.

 

The Committee shall normally meet annually.

 

The duration of the meetings of the Committee

shall be determined, and reviewed, if necessary,

by a meeting of the States Parties to the present

Convention, subject to the approval of the

General Assembly.

 

11. The Secretary-General of the United Nations shall

provide the necessary staff and facilities for the

effective performance of the functions of the

Committee under the present Convention.

 

12. With the approval of the General Assembly, the

members of the Committee established under the

present Convention shall receive emoluments

from the United Nations resources on such terms

and conditions as the Assembly may decide.

 

 

Article 44

 

1. States Parties undertake to submit to the

Committee, through the Secretary-General of the

United Nations, reports on the measures they have

adopted which give effect to the rights recognized

herein and on the progress made on the enjoyment

of those rights:

 

a) Within two years of the entry into force of the

Convention for the State Party concerned,

 

b) Thereafter every five years.

 

2. Reports made under the present article shall

indicate factors and difficulties, if any, affecting

the degree of fulfilment of the obligations under

the present Convention.

 

Reports shall also contain sufficient information to

provide the Committee with a comprehensive

understanding of the implementation of the

Convention in the country concerned.

 

3. A State Party which has submitted a

comprehensive initial report to the Committee

need not in its subsequent reports submitted in

accordance with paragraph 1 (b) of the present

article repeat basic information previously

provided.

 

4. The Committee may request from States Parties

further information relevant to the implementation

of the Convention.

 

5. The Committee shall submit to the General

Assembly, through the Economic and Social

Council, every two years, reports on its activities.

 

6. States Parties shall make their reports widely

available to the public in their own countries.

 

 

Article 45

 

In order to foster the effective implementation of the

Convention and to encourage international

cooperation in the field covered by the Convention:

 

a) The specialized agencies, the United Nations

Children's Fund and other United Nations organs

shall be entitled to be represented at the

consideration of the implementation of such

provisions of the present Convention as fall within

the scope of their mandate.

 

The Committee may invite the specialized

agencies, the United Nations Children's Fund and

other competent bodies as it may consider

appropriate to provide expert advice on the

implementation of the Convention in areas falling

within the scope of their respective mandates.

 

The Committee may invite the specialized

agencies, the United Nations Children's Fund and

other United Nations organs to submit reports on

the implementation of the Convention in areas

falling within the scope of their activities;

 

b) The Committee shall transmit, as it may consider

appropriate, to the specialized agencies, the

United Nations Children's Fund and other

competent bodies, any reports from States Parties

that contain a request, or indicate a need, for

technical advice or assistance, along with the

Committee's observations and suggestions, if any,

on these requests or indications;

 

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.

 

 

Implementation and entry into force

 

The provisions of articles 42-54 notably foresee:

 

  (i) the State's obligation to make the rights

contained in this Convention widely known to

both adults and children.

 

 (ii) the setting up of a Committee on the Rights of

the Child composed of 10 experts, which will

consider reports that States Parties to the

Convention are to submit two years after

ratification and every five years thereafter.

 

The Convention enters into force - and the

Committee would therefore be set up - once 20

countries have ratified it.

 

(iii) States Parties are to make their reports widely

available to the general public.

 

(iv) The Committee may propose that special studies

be undertaken on specific issues relating to the

rights of the child, and may make its evaluations

known to each State Party concerned as well as

to the UN General Assembly.

 

 (v) In order to "foster the effective implementation of

the Convention and to encourage international

co-operation", the specialized agencies of the UN

- such as the International Labour Organisation

(ILO), World Health Organization (WHO) and

United Nations Educational, Scientific and

Cultural Organization (UNESCO) - and UNICEF

would be able to attend the meetings of the

Committee.

 

Together with any other body recognized as

'competent', including non-governmental

organizations (NGOs) in consultative status with

the UN and UN organs such as the United

Nations High Commissioner for Refugees

(UNHCR), they can submit pertinent information

to the Committee and be asked to advise on the

optimal implementation of the Convention.

 

 

 

PART III

 

 

Final Clauses

 

 

Article 46

 

The present Convention shall be open for signature

by all States.

 

Article 47

 

The present Convention is subject to ratification.

 

Instruments of ratification shall be deposited with the

Secretary-General of the United Nations.

 

 

Article 48

 

The present Convention shall remain open for

accession by any State.

 

The instruments of accession shall be deposited with

the Secretary-General of the United Nations.

 

 

Article 49

 

1. The present Convention shall enter into force on

the thirtieth day following the date of deposit with

the Secretary-General of the United Nations of the

twentieth instrument of ratification or accession.

 

2. For each State ratifying or acceding to the

Convention after the deposit of the twentieth

instrument of ratification or accession, the

Convention shall enter into force on the thirtieth

day after the deposit by such State of its

instrument of ratification or accession.

 

 

Article 50

 

1. Any State Party may propose an amendment and

file it with the Secretary-General of the United

Nations.

 

The Secretary-General shall thereupon

communicate the proposed amendment to States

Parties, with a request that they indicate whether

they favour a conference of States Parties for the

purpose of considering and voting upon the

proposals.

 

In the event that, within four months from the date

of such communication, at least one third of the

States Parties favour such a conference, the

Secretary-General shall convene the conference

under the auspices of the United Nations.

 

Any amendment adopted by a majority of States

Parties present and voting at the conference shall

be submitted to the General Assembly for

approval.

 

2. An amendment adopted in accordance with

paragraph 1 of the present article shall enter into

force when it has been approved by the General

Assembly of the United Nations and accepted by a

two-thirds majority of States Parties.

 

3. When an amendment enters into force, it shall be

binding on those States Parties which have

accepted it, other States Parties still being bound

by the provisions of the present Convention and

any earlier amendments which they have accepted.

 

 

Article 51

 

1. The Secretary-General of the United Nations shall

receive and circulate to all States the text of

reservations made by States at the time of

ratification or accession.

 

2. A reservation incompatible with the object and

purpose of the present Convention shall not be

permitted.

 

3. Reservations may be withdrawn at any time by

notification to that effect addressed to the

Secretary-General of the United Nations, who shall

then inform all States.

 

Such notification shall take effect on the date on

which it is received by the Secretary-General.

 

 

Article 52

 

A State Party may denounce the present Convention

by written notification to the Secretary-General of the

United Nations.

 

Denunciation becomes effective one year after the

date of receipt of the notification by the Secretary-

General.

 

Article 53

 

The Secretary-General of the United Nations is

designated as the depositary of the present

Convention.

 

Article 54

 

The original of the present Convention, of which the

Arabic, Chinese, English, French, Russian and

Spanish texts are equally authentic, shall be

deposited with the Secretary-General of the United

Nations.

 

In witness thereof the undersigned plenipotentiaries,

being duly authorized thereto by their respective

Governments, have signed the present Convention."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Optional Protocols

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to the Convention on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Rights of the Child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Optional Protocols complement and add to existing treaties.

 

A protocol may be on any topic relevant to the original treaty and

is used either to further address something in the original treaty,

address a new or emerging concern or add a procedure for the

operation and enforcement of the treaty.

 

 

They are "optional" because the obligations may be more

demanding than those in the original convention, so States must

independently choose whether or not to be bound by them.

 

Optional Protocols are treaties in their own right, and are open to

signature, ratification or accession.

 

 

To help stem the abuse and exploitation of children worldwide, the

United Nations General Assembly in 2000 adopted two Optional

Protocols to the Convention on the Rights of the Child to increase

the protection of children from involvement in armed conflicts and

from sale, prostitution and pornography.

 

In 2014, a third Optional Protocol was adopted, allowing children

to bring complaints directly to the Committee on the Rights of the

Child.

 

The Committee then investigates the claims and can direct

governments to take action.

 

 

As a complement to the Convention on the Rights of the Child,

interpretation of the Optional Protocol's text must always be

guided by the principles of non-discrimination, best interests of

the child, survival and development, and child participation.

 

 

Allowing children to submit

complaints, appeals and petitions

 

 

This Protocol allows the Committee on the Rights of the Child to

hear complaints that a child's rights have been violated.

 

Children from countries that ratify the Protocol can use the treaty

to seek justice if the national legal system has not been able to

provide a remedy for the violation.

 

 

The Committee is able to receive complaints from children, groups

of children or their representatives against any State that has

ratified the Protocol.

 

The Committee is also able to launch investigations into grave or

systematic violations of children's rights and States are able to

bring complaints against each other, if they accepted this

procedure.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Optional Protocol

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to the Convention on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Rights of the Child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

on the Involvement of Children

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

in Armed Conflict

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Protecting children in armed conflict

 

 

This Optional Protocol is an effort to strengthen implementation of

the Convention and increase the protection of children during

armed conflicts.

 

 

Under the Protocol, States are required to "take all feasible

measures" to ensure that members of their armed forces under the

age of 18 do not take a direct part in hostilities.

 

States must also raise the minimum age for voluntary recruitment

into the armed forces from 15 years but does not require a

minimum age of 18.

 

 

The Protocol does, however, remind States that children under 18

are entitled to special protection and so any voluntary recruitment

under the age of 18 must include sufficient safeguards.

 

It further bans compulsory recruitment below the age of 18.

 

States Parties must also take legal measures to prohibit

independent armed groups from recruiting and using children

under the age of 18 in conflicts.

 

 

As a complement to the Convention on the Rights of the Child,

interpretation of the Optional Protocol's text must always be

guided by the principles of non-discrimination, best interests of

the child, survival and development, and child participation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"Optional Protocol

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to the Convention on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Rights of the Child on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Involvement of Children

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

in Armed Conflict

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

The States Parties to the present Protocol,

 

 

Encouraged by the overwhelming support for the

Convention on the Rights of the Child, demonstrating

the widespread commitment that exists to strive for

the promotion and protection of the rights of the

child,

 

Reaffirming that the rights of children require special

protection, and calling for continuous improvement

of the situation of children without distinction, as

well as for their development and education in

conditions of peace and security,

 

Disturbed by the harmful and widespread impact of

armed conflict on children and the long-term

consequences this has for durable peace, security

and development,

 

Condemning the targeting of children in situations of

armed conflict and direct attacks on objects

protected under international law, including places

generally having a significantpresence of children,

such as schools and hospitals,

 

Noting the adoption of the Statute of the International

Criminal Court and, in particular, its inclusion as a

war crime of conscripting or enlisting children under

the age of 15 years or using them to participate

actively in hostilities in both international and non-

international armed conflicts,

 

Considering, therefore, that to strengthen further the

implementation of rights recognized in the

Convention on the Rights of the Child there is a need

to increase the protection of children from

involvement in armed conflict,

 

Noting that article 1 of the Convention on the Rights

of the Child specifies that, for the purposes of that

Convention, a child means every human being below

the age of 18 years unless, under the law applicable

to the child, majority is attained earlier,

 

Convinced that an optional protocol to the

Convention raising the age of possible recruitment of

persons into armed forces and their participation in

hostilities will contribute effectively to the

implementation of the principle that the best

interests of the child are tobe a primary

consideration in all actions concerning children,

 

Noting that the twenty-sixth international Conference

of the Red Cross and Red Crescent in December 1995

recommended, inter alia, that parties to conflict take

every feasible step to ensure that children under the

age of 18 years do not take part in hostilities,

 

Welcoming the unanimous adoption, in June 1999, of

International Labour OrganizationConvention No. 182

on the Prohibition and Immediate Action for the

Elimination of the Worst Forms of Child Labour,

which prohibits, inter alia, forced or compulsory

recruitmentof children for use in armed conflict,

 

Condemning with the gravest concern the

recruitment, training and use within and across

national borders of children in hostilities by armed

groups distinct from the armed forces of a State, and

recognizing the responsibility of those who recruit,

train and use children in this regard,

 

Recalling the obligation of each party to an armed

conflict to abide by the provisions of international

humanitarian law,

 

Stressing that this Protocol is without prejudice to

the purposes and principles contained in the Charter

of the United Nations, including Article 51, and

relevant norms of humanitarian law,

 

Bearing in mind that conditions of peace and security

based on full respect of the purposes and principles

contained in the Charter and observance of

applicable human rights instruments are

indispensable for the full protection of children, in

particular during armed conflicts and foreign

occupation,

 

Recognizing the special needs of those children who

are particularly vulnerable to recruitment or use in

hostilities contrary to this Protocol owing to their

economic or social status or gender,

 

Mindful of the necessity of taking into consideration

the economic, social and political root causes of the

involvement of children in armed conflicts,

 

Convinced of the need to strengthen international

cooperation in the implementation of this Protocol,

as well as the physical and psychosocial

rehabilitation and social reintegration of children

who are victims of armed conflict,

 

Encouraging the participation of the community and,

in particular, children and child victims in the

dissemination of informational and educational

programmes concerning theimplementation of the

Protocol,

 

 

Have agreed as follows:

 

 

Article 1

 

States Parties shall take all feasible measures to

ensure that members of their armed forces who have

not attained the age of 18 years do not take a direct

part in hostilities.

 

Article 2

 

States Parties shall ensure that persons who have

not attained the age of 18 years are not compulsorily

recruited into their armed forces.

 

 

Article 3

 

1. States Parties shall raise the minimum age for the

voluntary recruitment of persons into their national

armed forces from that set out in article 38,

paragraph 3, of the Convention on the Rights of

the Child, taking account of the principles

contained in that article and recognizing that

under the Convention persons under 18 are

entitled to special protection.

 

2. Each State Party shall deposit a binding

declaration upon ratification of or accession to this

Protocol that sets forth the minimum age at which

it will permit voluntary recruitment into its national

armed forces and a description of the safeguards

that it has adopted to ensure that such recruitment

is not forced or coerced.

 

3. States Parties that permit voluntary recruitment

into their national armed forces under the age of 18

shall maintain safeguards to ensure, as a

minimum, that:

 

(a) Such recruitment is genuinely voluntary;

 

(b) Such recruitment is done with the informed

consent of the persons parents or legal

guardians;

 

(c) Such persons are fully informed of the duties

involved in such military service;

 

(d) Such persons provide reliable proof of age prior

to acceptance into national military service.

 

4. Each State Party may strengthen its declaration at

any time by notification to that effect addressed to

the Secretary-General of the United Nations, who

shall inform all States Parties.

 

Such notification shall take effect on the date on

which it is received by the Secretary-General.

 

5. The requirement to raise the age in paragraph 1 of

the present article does not apply to schools

operated by or under the control of the armed

forces of the States Parties, in keeping with

articles 28 and 29 of the Convention on the Rights

of the Child.

 

Article 4

 

1. Armed groups that are distinct from the armed

forces of a State should not, under any

circumstances, recruit or use in hostilities persons

under the age of 18 years.

 

2. States Parties shall take all feasible measures to

prevent such recruitment and use, including the

adoption of legal measures necessary to prohibit

and criminalize such practices.

 

3. The application of the present article under this

Protocol shall not affect the legal status of any

party to an armed conflict.

 

 

Article 5

 

Nothing in the present Protocol shall be construed as

precluding provisions in the law of a State Party or in

international instruments and international

humanitarian law that are more conducive to the

realization of the rights of the child.

 

 

Article 6

 

1. Each State Party shall take all necessary legal,

administrative and other measuresto ensure the

effective implementation and enforcement of the

provisions of this Protocol within its jurisdiction.

 

2. States Parties undertake to make the principles

and provisions of the present Protocol widely

known and promoted by appropriate means, to

adults and children alike.

 

3. States Parties shall take all feasible measures to

ensure that persons within their jurisdiction

recruited or used in hostilities contrary to this

Protocol are demobilized or otherwise released

from service.

 

States Parties shall, when necessary, accord to

these persons all appropriate assistance for their

physical and psychological recovery and their

social reintegration.

 

 

Article 7

 

1. States Parties shall cooperate in the

implementation of the present Protocol, including

in the prevention of any activity contrary to the

Protocol and in the rehabilitation and social

reintegration of persons who are victims of acts

contrary to this Protocol, including through

technical cooperation and financial assistance.

 

Such assistance and cooperation will be

undertaken in consultation with concerned States

Parties and relevant international organizations.

 

2. States Parties in a position to do so shall provide

such assistance through existing multilateral,

bilateral or other programmes, or, inter alia,

through a voluntary fund established in

accordance with the rules of the General

Assembly.

 

Article 8

 

1. Each State Party shall submit, within two years

following the entry into force of the Protocol for

that State Party, a report to the Committee on the

Rights of the Child providing comprehensive

information on the measures it has taken to

implement the provisions of the Protocol,

including the measures taken to implement the

provisions on participation and recruitment.

 

2. Following the submission of the comprehensive

report, each State Party shall include in the reports

they submit to the Committee on the Rights of the

Child, in accordance with article 44 of the

Convention, any further information with respect to

the implementation of the Protocol.

 

Other States Parties to the Protocol shall submit a

report every five years.

 

3. The Committee on the Rights of the Child may

request from States Parties further information

relevant to the implementation of this Protocol.

 

 

Article 9

 

1. The present Protocol is open for signature by any

State that is a party to the Convention or has

signed it.

 

2. The present Protocol is subject to ratification and

is open to accession by any State.

 

Instruments of ratification or accession shall be

deposited with the Secretary-General of the United

Nations.

 

3. The Secretary-General, in his capacity as

depositary of the Convention and the Protocol,

shall inform all States Parties to the Convention

and all States that have signed the Convention of

each instrument of declaration pursuant to

article 13.

 

Article 10

 

1. The present Protocol shall enter into force three

months after the deposit of the tenth instrument of

ratification or accession.

 

2. For each State ratifying the present Protocol or

acceding to it after its entry into force, the present

Protocol shall enter into force one month after the

date of the deposit of its own instrument of

ratification or accession.

 

 

Article 11

 

1. Any State Party may denounce the present

Protocol at any time by written notification to the

Secretary-General of the United Nations, who shall

thereafter inform the other States Parties to the

Convention and all States that have signed the

Convention.

 

The denunciation shall take effect one year after

the date of receipt of the notification by the

Secretary-General.

 

If, however, on the expiry of that year the

denouncing State Party is engaged in armed

conflict, the denunciation shall not take effect

before the end of the armed conflict.

 

2. Such a denunciation shall not have the effect of

releasing the State Party from its obligations under

the present Protocol in regard to any act that

occurs prior to the date on which the denunciation

becomes effective.

 

Nor shall such a denunciation prejudice in any way

the continued consideration of any matter that is

already under consideration by the Committee

prior to the date on which the denunciation

becomes effective.

 

 

Article 12

 

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 conferenceof 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 that have accepted

it, other States Parties still being bound by the

provisions of the present Protocol and any earlier

amendments that they have accepted.

 

 

Article 13

 

1. The present Protocol, of which the Arabic,

Chinese, English, French, Russian and Spanish

texts are equally authentic, shall be deposited in

the archives of the United Nations.

 

2. The Secretary-General of the United Nations shall

transmit certified copies of the present Protocol to

all States Parties to the Convention and all States

that have signed the Convention."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Optional Protocol

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to the Convention on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Rights of the Child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

on the Sale of Children

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child Prostitution and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child Pornography

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Protecting children from

sale, prostitution and pornography

 

 

The Optional Protocol on the sale of children, child prostitution

and child pornography draws special attention to the

criminalization of these serious violations of children's rights and

emphasizes the importance of increased public awareness and

international cooperation in efforts to combat them.

 

It supplements the Convention by providing States with detailed

requirements to end the sexual exploitation and abuse of children

and also protects children from being sold for non-sexual

purposes - such as other forms of forced labour, illegal adoption

and organ donation.

 

 

The Protocol provides definitions for the offences of "sale of

children", "child prostitution" and "child pornography".

 

It also creates obligations on governments to criminalize and

punish activities related to these offences.

 

It requires punishment not only for those offering or delivering

children for the purposes of sexual exploitation, transfer of organs

or children for profit or forced labour, but also for anyone

accepting the child for these activities.

 

 

The Protocol also protects the rights and interests of child victims.

 

Governments must provide legal and other support services to

child victims.

 

This obligation includes considering the best interests of the child

in any interactions with the criminal justice system.

 

Children must also be supported with necessary medical,

psychological, logistical and financial support to aid their

rehabilitation and reintegration.

 

 

As a complement to the Convention on the Rights of the Child,

interpretation of the Optional Protocol's text must always be

guided by the principles of non-discrimination, best interests of

the child, survival and development, and child participation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"Optional Protocol

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to the Convention on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the Rights of the Child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

on the Sale of Children

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child Prostitution and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child Pornography

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

The States Parties to the present Protocol,

 

 

Considering that, in order further to achieve the

purposes of the Convention on the Rights of the

Child and the implementation of its provisions,

especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it

would be appropriate to extend the measures that

States Parties should undertake in order to guarantee

the protection of the child from the sale of children,

child prostitution and child pornography,

 

Considering also that the Convention on the Rights

of the Child recognizes 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,

 

Gravely concerned at the significant and increasing

international traffic in children for the purpose of the

sale of children, child prostitution and child

pornography,

 

Deeply concerned at the widespread and continuing

practice of sex tourism, to which children are

especially vulnerable, as it directly promotes the sale

of children, child prostitution and child pornography,

 

Recognizing that a number of particularly vulnerable

groups, including girl children, are at greater risk of

sexual exploitation and that girl children are

disproportionately represented among the sexually

exploited,

 

Concerned about the growing availability of child

pornography on the Internet and other evolving

technologies, and recalling the International

Conference on Combating Child Pornography on the

Internet, held in Vienna in 1999, in particular its

conclusion calling for the worldwide criminalization

of the production, distribution, exportation,

transmission, importation, intentional possession

and advertising of child pornography, and stressing

the importance of closer cooperation and partnership

between Governments and the Internet industry,

 

Believing that the elimination of the sale of children,

child prostitution and child pornography will be

facilitated by adopting a holistic approach,

addressing the contributing factors, including

underdevelopment, poverty, economic disparities,

inequitable socio-economic structure, dysfunctioning

families, lack of education, urban-rural migration,

gender discrimination, irresponsible adult sexual

behaviour, harmful traditional practices, armed

conflicts and trafficking in children,

 

Believing also that efforts to raise public awareness

are needed to reduce consumer demand for the sale

of children, child prostitution and child pornography,

and believing further in the importance of

strengthening global partnership among all actors

and of improving law enforcement at the national

level,

 

Noting the provisions of international legal

instruments relevant to the protection of children,

including the Hague Convention on Protection of

Children and Cooperation in Respect of Intercountry

Adoption, the Hague Convention on the Civil Aspects

of International Child Abduction, the Hague

Convention on Jurisdiction, Applicable Law,

Recognition, Enforcement and Cooperation in

Respect of Parental Responsibility and Measures for

the Protection of Children, and International Labour

Organization Convention No. 182 on the Prohibition

and Immediate Action for the Elimination of the

Worst Forms of Child Labour,

 

Encouraged by the overwhelming support for the

Convention on the Rights of the Child, demonstrating

the widespread commitment that exists for the

promotion and protection of the rights of the child,

 

Recognizing the importance of the implementation of

the provisions of the Programme of Action for the

Prevention of the Sale of Children, Child Prostitution

and Child Pornography and the Declaration and

Agenda for Action adopted at the World Congress

against Commercial Sexual Exploitation of Children,

held in Stockholm from 27 to 31 August 1996, and the

other relevant decisions and recommendations of

pertinent international bodies, 

 

Taking due account of the importance of the

traditions and cultural values of each people for the

protection and harmonious development of the child,

 

 

Have agreed as follows:

 

 

Article 1

 

States Parties shall prohibit the sale of children,

child prostitution and child pornography as provided

for by the present Protocol.

 

 

Article 2

 

For the purposes of the present Protocol:

 

(a) Sale of children means any act or transaction

whereby a child is transferred by any person or

group of persons to another for remuneration or

any other consideration;

 

(b) Child prostitution means the use of a child in

sexual activities for remuneration or any other

form of consideration;
 

(c) Child pornography means any representation, by

whatever means, of a child engaged in real or

simulated explicit sexual activities or any

representation of the sexual parts of a child for

primarily sexual purposes.

 

 

Article 3

 

1. Each State Party shall ensure that, as a minimum,

the following acts and activities are fully covered

under its criminal or penal law, whether such

offences are committed domestically or

transnationally or on an individual or organized

basis:

 

(a) In the context of sale of children as defined in

article 2:

 

 (i) Offering, delivering or accepting, by

whatever means, a child for the purpose of:

 

a. Sexual exploitation of the child;

 

b. Transfer of organs of the child for profit;

 

c. Engagement of the child in forced labour;

 

(ii) Improperly inducing consent, as an

intermediary, for the adoption of a child in

violation of applicable international legal

instruments on adoption;

 

(b) Offering, obtaining, procuring or providing a

child for child prostitution,  as defined in

article 2;

 

(c) Producing, distributing, disseminating,

importing, exporting, offering, selling or

possessing for the above purposes child

pornography as defined in article 2. 

 

2. Subject to the provisions of the national law of a

State Party, the same shall apply to an attempt to

commit any of the said acts and to complicity or

participation in any of the said acts.

 

3. Each State Party shall make such offences

punishable by appropriate penalties that take into

account their grave nature.

 

4. Subject to the provisions of its national law, each

State Party shall take measures, where

appropriate, to establish the liability of legal

persons for offences established in paragraph 1 of

the present article.

 

Subject to the legal principles of the State Party,

such liability of legal persons may be criminal,

civil or administrative.

 

5. States Parties shall take all appropriate legal and

administrative measures to ensure that all persons

involved in the adoption of a child act in

conformity with applicable international legal

instruments.

 

Article 4

 

1. Each State Party shall take such measures as may

be necessary to establish its jurisdiction over the

offences referred to in article 3, paragraph 1, when

the offences are commited in its territory or on

board a ship or aircraft registered in that State.

 

2. Each State Party may take such measures as may

be necessary to establish its jurisdiction over the

offences referred to in article 3, paragraph 1, in the

following cases:

 

a) When the alleged offender is a national of that

State or a person who has his  habitual

residence in its territory;

 

b) When the victim is a national of that State. 

 

3. Each State Party shall also take such measures as

may be necessary to establish its jurisdiction over

the aforementioned offences when the alleged

offender is present in its territory and it does not

extradite him or her to another State Party on the

ground that the offence has been committed by

one of its nationals.

 

4. The present Protocol does not exclude any

criminal jurisdiction exercised in accordance with

internal law.

 

Article 5

 

1. The offences referred to in article 3, paragraph 1,

shall be deemed to be included as extraditable

offences in any extradition treaty existing between

States Parties and shall be included as

extraditable offences in every extradition treaty

subsequently concluded between them, in

accordance with the conditions set forth in such

treaties.

 

2. If a State Party that makes extradition conditional

on the existence of a treaty receives a request for

extradition from another State Party with which it

has no extradition treaty, it may consider the

present Protocol to be a legal basis for extradition

in respect of such offences.

 

Extradition shall be subject to the conditions

provided by the law of the requested State.

 

3. States Parties that do not make extradition

conditional on the existence of a treaty shall

recognize such offences as extraditable offences

between themselves subject to the conditions

provided by the law of the requested State.

 

4. Such offences shall be treated, for the purpose of

extradition between States Parties, as if they had

been committed not only in the place in which

they occurred but also in the territories of the

States required to establish their jurisdiction in

accordance with article 4.

 

5. If an extradition request is made with respect to an

offence described in article 3, paragraph 1, and the

requested State Party does not or will not extradite

on the basis of the nationality of the offender, that

State shall take suitable measures to submit the

case to its competent authorities for the purpose of

prosecution.

 

Article 6

 

1. States Parties shall afford one another the greatest

measure of assistance in connection with

investigations or criminal or extradition

proceedings brought in respect of the offences set

forth in article 3, paragraph 1, including assistance

in obtaining evidence at their disposal necessary

for the proceedings.

 

2. States Parties shall carry out their obligations

under paragraph 1 of the present article in

conformity with any treaties or other arrangements

on mutual legal assistance that may exist between

them.

 

In the absence of such treaties or arrangements,

States Parties shall afford one another assistance

in accordance with their domestic law.

 

 

Article 7

 

States Parties shall, subject to the provisions of their

national law:

 

(a) Take measures to provide for the seizure and

confiscation, as appropriate, of:

 

 (i) Goods, such as materials, assets and other

instrumentalities used to commit or facilitate

offences under the present protocol;

 

(ii) Proceeds derived from such offences;

 

(b) Execute requests from another State Party for

seizure or confiscation of goods or proceeds

referred to in subparagraph (a) (i) and (ii);

 

(c) Take measures aimed at closing, on a temporary

or definitive basis, premises used to commit such

offences.

 

Article 8

 

1. States Parties shall adopt appropriate measures to

protect the rights and interests of child victims of

the practices prohibited under the present Protocol

at all stages of the criminal justice process, in

particular by:

 

(a) Recognizing the vulnerability of child victims

and adapting procedures to recognize their

special needs, including their special needs

as witnesses;

 

(b) Informing child victims of their rights, their role

and the scope, timing and progress of the

proceedings and of the disposition of their

cases;

 

(c) Allowing the views, needs and concerns of

child victims to be presented and considered

in proceedings where their personal interests

are affected, in a manner consistent with the

procedural rules of national law;

 

(d) Providing appropriate support services o child

tvictims throughout the legal process;

 

(e) Protecting, as appropriate, the privacy and

identity of child victims and taking measures in

accordance with national law to avoid the

inappropriate dissemination of information that

could lead to the identification of child victims;

 

 (f) Providing, in appropriate cases, for the safety

of child victims, as well as that of their families

and witnesses on their behalf, from

intimidation and retaliation;

 

(g) Avoiding unnecessary delay in the disposition

of cases and the execution of orders or decrees

granting compensation to child victims.

 

2. States Parties shall ensure that uncertainty as to

the actual age of the victim shall not prevent the

initiation of criminal investigations, including

investigations aimed at establishing the age of the

victim.

 

3. States Parties shall ensure that, in the treatment by

the criminal justice system of children who are

victims of the offences described in the present

Protocol, the best interest of the child shall be a

primary consideration.

 

4. States Parties shall take measures to ensure

appropriate training, in particular legal and

psychological training, for the persons who work

with victims of the offences prohibited under the

present Protocol.

 

5. States Parties shall, in appropriate cases, adopt

measures in order to protect the safety and

integrity of those persons and/or organizations

involved in the prevention and/or protection and

rehabilitation of victims of such offences.

 

6. Nothing in the present article shall be construed to

be prejudicial to or inconsistent with the rights of

the accused to a fair and impartial trial.

 

 

Article 9

 

1. States Parties shall adopt or strengthen,

implement and disseminate laws, administrative

measures, social policies and programmes to

prevent the offences referred to in the present

Protocol.

 

Particular attention shall be given to protect

children who are especially vulnerable to such

practices.

 

2. States Parties shall promote awareness in the

public at large, including children, through

information by all appropriate means, education

and training, about the preventive measures and

harmful effects of the offences referred to in the

present Protocol.

 

In fulfilling their obligations under this article,

States Parties shall encourage the participation of

the community and, in particular, children and

child victims, in such information and education

and training programmes, including at the

international level.

 

3. States Parties shall take all feasible measures with

the aim of ensuring all appropriate assistance to

victims of such offences, including their full social

reintegration and their full physical and

psychological recovery.

 

4. States Parties shall ensure that all child victims of

the offences described in the present Protocol

have access to adequate procedures to seek,

without discrimination, compensation for damages

from those legally responsible.

 

5. States Parties shall take appropriate measures

aimed at effectively prohibiting the production and

dissemination of material advertising the offences

described in the present Protocol.

 

 

Article 10

 

1. States Parties shall take all necessary steps to

strengthen international cooperation by

multilateral, regional and bilateral arrangements for

the prevention, detection, investigation,

prosecution and punishment of those responsible

for acts involving the sale of children, child

prostitution,child pornography and child sex

tourism.

 

States Parties shall also promote international

cooperation and coordination between their

authorities, national and international non-

governmental organizations and international

organizations.

 

2. States Parties shall promote international

cooperation to assist child victims in their physical

and psychological recovery, social reintegration

and repatriation.

 

3. States Parties shall promote the strengthening of

international cooperation in order to address the

root causes, such as poverty and

underdevelopment, contributing to the

vulnerability of children to the sale of children,

child prostitution, child pornography and child sex

tourism.

 

4. States Parties in a position to do so shall provide

financial, technical or other assistance through

existing multilateral, regional, bilateral or other

programmes.

 

Article 11

 

Nothing in the present Protocol shall affect any

provisions that are more conducive to the realization

of the rights of the child and that may be contained

in:

 

(a) The law of a State Party;

 

(b) International law in force for that State.

 

 

Article 12

 

1. Each State Party shall, within two years following

the entry into force of the present Protocol for that

State Party, submit a report to the Committee on

the Rights of the Child providing comprehensive

information on the measures it has taken to

implement the provisions of the Protocol.

 

2. Following the submission of the comprehensive

report, each State Party shall include in the reports

they submit to the Committee on the Rights of the

Child, in accordance with article 44 of the

Convention, any further information with respect to

the implementation of the present Protocol.

 

Other States Parties to the Protocol shall submit a

report every five years.

 

3. The Committee on the Rights of the Child may

request from States Parties further information

relevant to the implementation of the present

Protocol.

 

Article 13

 

1. The present Protocol is open for signature by any

State that is a party to the Convention or has

signed it.

 

2. The present Protocol is subject to ratification and

is open to accession by any State that is a party to

the Convention or has signed it.

 

Instruments of ratification or accession shall be

deposited with the Secretary-General of the United

Nations.

 

Article 14

 

1. The present Protocol shall enter into force three

months after the deposit of the tenth instrument of

ratification or accession.

 

2. For each State ratifying the present Protocol or

acceding to it after its entry into force, the Protocol

shall enter into force one month after the date of

the deposit of its own instrument of ratification or

accession.

 

Article 15

 

1. Any State Party may denounce the present

Protocol at any time by written notification to the

Secretary- General of the United Nations, who shall

thereafter inform the other States Parties to the

Convention and all States that have signed the

Convention.

 

The denunciation shall take effect one year after

the date of receipt of the notification by the

Secretary-General.

 

2. Such a denunciation shall not have the effect of

releasing the State Party from its obligations under

the present Protocol in regard to any offence that

occurs prior to the date on which the denunciation

becomes effective.

 

Nor shall such a denunciation prejudice in any way

the continued consideration of any matter that is

already under consideration by the Committee on

the Rights of the Child prior to the date on which

the denunciation becomes effective.

 

 

Article 16

 

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 of the

United Nations 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 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 that have accepted

it, other States Parties still being bound by the

provisions of the present Protocol and any earlier

amendments they have accepted.

 

 

Article 17

 

1. The present Protocol, of which the Arabic,

Chinese, English, French, Russian and Spanish

texts are equally authentic, shall be deposited in

the archives of the United Nations.

 

2. The Secretary-General of the United Nations shall

transmit certified copies of the present Protocol to

all States Parties to the Convention and all States

that have signed the Convention."