African
[Banjul] Charter on Human and Peoples' Rights
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African [Banjul] Charter on Human and Peoples'
Rights
African [Banjul] Charter on Human and
Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev.
5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986:
Part I: Rights and
Duties (Chapter I Human and Peoples' Rights)
|
Chapter II - Duties |
Part II: Measures of Safeguard (Chapter
I - Establishment and Organization of the African Commission on
Human and Peoples' Rights) | Chapter
II - Mandate of the Commission | Chapter
III - Procedure of the Commission |
Other Communications | Chapter
IV -- Applicable Principles
Preamble
The African States members of the Organization
of African Unity, parties to the present convention entitled "African
Charter on Human and Peoples' Rights",
Recalling Decision 115 (XVI) of the Assembly of Heads
of State and Government at its Sixteenth Ordinary Session held in
Monrovia, Liberia, from 17 to 20 July 1979 on the preparation of
a "preliminary draft on an African Charter on Human and Peoples'
Rights providing inter alia for the establishment of bodies to promote
and protect human and peoples' rights";
Considering the Charter of the Organization of African
Unity, which stipulates that "freedom, equality, justice and
dignity are essential objectives for the achievement of the legitimate
aspirations of the African peoples";
Reaffirming the pledge they solemnly made in Article
2 of the said Charter to eradicate all forms of colonialism from
Africa, to coordinate and intensify their cooperation and efforts
to achieve a better life for the peoples of Africa and to promote
international cooperation having due regard to the Charter of the
United Nations and the Universal Declaration of Human Rights;
Taking into consideration the virtues of their historical
tradition and the values of African civilization which should inspire
and characterize their reflection on the concept of human and peoples'
rights;
Recognizing on the one hand, that fundamental human
rights stem from the attributes of human beings which justifies
their national and international protection and on the other hand
that the reality and respect of peoples rights should necessarily
guarantee human rights;
Considering that the enjoyment of rights and freedoms
also implies the performance of duties on the part of everyone;
Convinced that it is henceforth essential to pay a
particular attention to the right to development and that civil
and political rights cannot be dissociated from economic, social
and cultural rights in their conception as well as universality
and that the satisfaction of economic, social and cultural rights
ia a guarantee for the enjoyment of civil and political rights;
Conscious of their duty to achieve the total liberation
of Africa, the peoples of which are still struggling for their dignity
and genuine independence, and undertaking to eliminate colonialism,
neo-colonialism, apartheid, zionism and to dismantle aggressive
foreign military bases and all forms of discrimination, particularly
those based on race, ethnic group, color, sex. language, religion
or political opinions;
Reaffirming their adherence to the principles of human
and peoples' rights and freedoms contained in the declarations,
conventions and other instrument adopted by the Organization of
African Unity, the Movement of Non-Aligned Countries and the United
Nations;
Firmly convinced of their duty to promote and protect
human and people' rights and freedoms taking into account the importance
traditionally attached to these rights and freedoms in Africa;
Have agreed as follows:
Part I: Rights and Duties
top
Chapter I -- Human and Peoples' Rights
Article 1
The Member States of the Organization of African
Unity parties to the present Charter shall recognize the rights,
duties and freedoms enshrined in this Chapter and shall undertake
to adopt legislative or other measures to give effect to them.
Article 2
Every individual shall be entitled to the enjoyment
of the rights and freedoms recognized and guaranteed in the present
Charter without distinction of any kind such as race, ethnic group,
color, sex, language, religion, political or any other opinion,
national and social origin, fortune, birth or other status.
Article 3
1. Every individual shall be equal before the
law. 2. Every individual shall be entitled to equal protection of
the law.
Article 4
Human beings are inviolable. Every human being
shall be entitled to respect for his life and the integrity of his
person. No one may be arbitrarily deprived of this right.
Article 5
Every individual shall have the right to the
respect of the dignity inherent in a human being and to the recognition
of his legal status. All forms of exploitation and degradation of
man particularly slavery, slave trade, torture, cruel, inhuman or
degrading punishment and treatment shall be prohibited.
Article 6
Every individual shall have the right to liberty
and to the security of his person. No one may be deprived of his
freedom except for reasons and conditions previously laid down by
law. In particular, no one may be arbitrarily arrested or detained.
Article 7
1. Every individual shall have the right to have
his cause heard. This comprises: (a) the right to an appeal to competent
national organs against acts of violating his fundamental rights
as recognized and guaranteed by conventions, laws, regulations and
customs in force; (b) the right to be presumed innocent until proved
guilty by a competent court or tribunal; (c) the right to defence,
including the right to be defended by counsel of his choice; (d)
the right to be tried within a reasonable time by an impartial court
or tribunal. 2. No one may be condemned for an act or omission which
did not constitute a legally punishable offence at the time it was
committed. No penalty may be inflicted for an offence for which
no provision was made at the time it was committed. Punishment is
personal and can be imposed only on the offender.
Article 8
Freedom of conscience, the profession and free
practice of religion shall be guaranteed. No one may, subject to
law and order, be submitted to measures restricting the exercise
of these freedoms.
Article 9
1. Every individual shall have the right to receive
information. 2. Every individual shall have the right to express
and disseminate his opinions within the law.
Article 10
1. Every individual shall have the right to free
association provided that he abides by the law. 2. Subject to the
obligation of solidarity provided for in 29 no one may be compelled
to join an association.
Article 11
Every individual shall have the right to assemble
freely with others. The exercise of this right shall be subject
only to necessary restrictions provided for by law in particular
those enacted in the interest of national security, the safety,
health, ethics and rights and freedoms of others.
Article 12
1. Every individual shall have the right to freedom
of movement and residence within the borders of a State provided
he abides by the law. 2. Every individual shall have the right to
leave any country including his own, and to return to his country.
This right may only be subject to restrictions, provided for by
law for the protection of national security, law and order, public
health or morality. 3. Every individual shall have the right, when
persecuted, to seek and obtain asylum in other countries in accordance
with laws of those countries and international conventions. 4. A
non-national legally admitted in a territory of a State Party to
the present Charter, may only be expelled from it by virtue of a
decision taken in accordance with the law. 5. The mass expulsion
of non-nationals shall be prohibited. Mass expulsion shall be that
which is aimed at national, racial, ethnic or religious groups.
Article 13
1. Every citizen shall have the right to participate
freely in the government of his country, either directly or through
freely chosen representatives in accordance with the provisions
of the law. 2. Every citizen shall have the right of equal access
to the public service of his country. 3. Every individual shall
have the right of access to public property and services in strict
equality of all persons before the law.
Article 14
The right to property shall be guaranteed. It
may only be encroached upon in the interest of public need or in
the general interest of the community and in accordance with the
provisions of appropriate laws.
Article 15
Every individual shall have the right to work
under equitable and satisfactory conditions, and shall receive equal
pay for equal work.
Article 16
1. Every individual shall have the right to enjoy
the best attainable state of physical and mental health. 2. States
Parties to the present Charter shall take the necessary measures
to protect the health of their people and to ensure that they receive
medical attention when they are sick.
Article 17
1. Every individual shall have the right to education.
2. Every individual may freely, take part in the cultural life of
his community. 3. The promotion and protection of morals and traditional
values recognized by the community shall be the duty of the State.
Article 18
1. The family shall be the natural unit and basis
of society. It shall be protected by the State which shall take
care of its physical health and moral.
2. The State shall have the duty to assist the family which is the
custodian of morals and traditional values recognized by the community.
3. The State shall ensure the elimination of every discrimination
against women and also ensure the protection of the rights of the
woman and the child as stipulated in international declarations
and conventions.
4. The aged and the disabled shall also have the right to special
measures of protection in keeping with their physical or moral needs.
Article 19
All peoples shall be equal; they shall enjoy
the same respect and shall have the same rights. Nothing shall justify
the domination of a people by another.
Article 20
1. All peoples shall have the right to existence.
They shall have the unquestionable and inalienable right to self-
determination. They shall freely determine their political status
and shall pursue their economic and social development according
to the policy they have freely chosen.
2. Colonized or oppressed peoples shall have the right to free themselves
from the bonds of domination by resorting to any means recognized
by the international community.
3. All peoples shall have the right to the assistance of the States
parties to the present Charter in their liberation struggle against
foreign domination, be it political, economic or cultural.
Article 21
1. All peoples shall freely dispose of their
wealth and natural resources. This right shall be exercised in the
exclusive interest of the people. In no case shall a people be deprived
of it. 2. In case of spoliation the dispossessed people shall have
the right to the lawful recovery of its property as well as to an
adequate compensation. 3. The free disposal of wealth and natural
resources shall be exercised without prejudice to the obligation
of promoting international economic cooperation based on mutual
respect, equitable exchange and the principles of international
law. 4. States parties to the present Charter shall individually
and collectively exercise the right to free disposal of their wealth
and natural resources with a view to strengthening African unity
and solidarity. 5. States parties to the present Charter shall undertake
to eliminate all forms of foreign economic exploitation particularly
that practiced by international monopolies so as to enable their
peoples to fully benefit from the advantages derived from their
national resources.
Article 22
1. All peoples shall have the right to their
economic, social and cultural development with due regard to their
freedom and identity and in the equal enjoyment of the common heritage
of mankind. 2. States shall have the duty, individually or collectively,
to ensure the exercise of the right to development.
Article 23
1. All peoples shall have the right to national
and international peace and security. The principles of solidarity
and friendly relations implicitly affirmed by the Charter of the
United Nations and reaffirmed by that of the Organization of African
Unity shall govern relations between States. 2. For the purpose
of strengthening peace, solidarity and friendly relations, States
parties to the present Charter shall ensure that: (a) any individual
enjoying the right of asylum under 12 of the present Charter shall
not engage in subversive activities against his country of origin
or any other State party to the present Charter; (b) their territories
shall not be used as bases for subversive or terrorist activities
against the people of any other State party to the present Charter.
Article 24
All peoples shall have the right to a general
satisfactory environment favorable to their development.
Article 25
States parties to the present Charter shall have
the duty to promote and ensure through teaching, education and publication,
the respect of the rights and freedoms contained in the present
Charter and to see to it that these freedoms and rights as well
as corresponding obligations and duties are understood.
Article 26
States parties to the present Charter shall have
the duty to guarantee the independence of the Courts and shall allow
the establishment and improvement of appropriate national institutions
entrusted with the promotion and protection of the rights and freedoms
guaranteed by the present Charter.
Chapter II -- Dutiestop
Article 27
1. Every individual shall have duties towards
his family and society, the State and other legally recognized communities
and the international community. 2. The rights and freedoms of each
individual shall be exercised with due regard to the rights of others,
collective security, morality and common interest.
Article 28
Every individual shall have the duty to respect
and consider his fellow beings without discrimination, and to maintain
relations aimed at promoting, safeguarding and reinforcing mutual
respect and tolerance.
Article 29
The individual shall also have the duty: 1. to
preserve the harmonious development of the family and to work for
the cohesion and respect of the family; to respect his parents at
all times, to maintain them in case of need; 2. To serve his national
community by placing his physical and intellectual abilities at
its service; 3. Not to compromise the security of the State whose
national or resident he is; 4. To preserve and strengthen social
and national solidarity, particularly when the latter is threatened;
5. To preserve and strengthen the national independence and the
territorial integrity of his country and to contribute to its defence
in accordance with the law; 6. To work to the best of his abilities
and competence, and to pay taxes imposed by law in the interest
of the society; 7. to preserve and strengthen positive African cultural
values in his relations with other members of the society, in the
spirit of tolerance, dialogue and consultation and, in general,
to contribute to the promotion of the moral well being of society;
8. To contribute to the best of his abilities, at all times and
at all levels, to the promotion and achievement of African unity.
Part II: Measures of Safeguardtop
Chapter I -- Establishment and Organization of
the African Commission on Human and Peoples' Rights
Article 30
An African Commission on Human and Peoples' Rights,
hereinafter called "the Commission", shall be established
within the Organization of African Unity to promote human and peoples'
rights and ensure their protection in Africa.
Article 31
1. The Commission shall consist of eleven members
chosen from amongst African personalities of the highest reputation,
known for their high morality, integrity, impartiality and competence
in matters of human and peoples' rights; particular consideration
being given to persons having legal experience.
2. The members of the Commission shall serve in their personal capacity.
. . .
Article 41
The Secretary-General of the Organization of
African Unity shall appoint the Secretary of the Commission. He
shall also provide the staff and services necessary for the effective
discharge of the duties of the Commission. The Organization of African
Unity shall bear the costs of the staff and services. . . .
Chapter II -- Mandate of the
Commissiontop
Article 45
The functions of the Commission shall
be:
1. To promote Human and Peoples' Rights and in particular:
(a) to collect documents, undertake studies and researches on African
problems in the field of human and peoples' rights, organize seminars,
symposia and conferences, disseminate information, encourage national
and local institutions concerned with human and peoples' rights,
and should the case arise, give its views or make recommendations
to Governments.
(b) to formulate and lay down, principles and rules aimed at solving
legal problems relating to human and peoples' rights and fundamental
freedoms upon which African Governments may base their legislations.
(c) co-operate with other African and international institutions
concerned with the promotion and protection of human and peoples'
rights.
2. Ensure the protection of human and peoples' rights
under conditions laid down by the present Charter.
3. Interpret all the provisions of the present Charter
at the request of a State party, an institution of the OAU or an
African Organization recognized by the OAU.
4. Perform any other tasks which may be entrusted
to it by the Assembly of Heads of State and Government.
Chapter III -- Procedure of the
Commissiontop
Article 46
The Commission may resort to any appropriate
method of investigation; it may hear from the Secretary General
of the Organization of African Unity or any other person capable
of enlightening it.
Communication From States
Article 47
If a State party to the present Charter has good
reasons to believe that another State party to this Charter has
violated the provisions of the Charter, it may draw, by written
communication, the attention of that State to the matter. This communication
shall also be addressed to the Secretary General of the OAU and
to the Chairman of the Commission. Within three months of the receipt
of the communication, the State to which the communication is addressed
shall give the enquiring State, written explanation or statement
elucidating the matter. This should include as much as possible
relevant information relating to the laws and rules of procedure
applied and applicable, and the redress already given or course
of action available.
Article 48
If within three months from the date on which
the original communication is received by the State to which it
is addressed, the issue is not settled to the satisfaction of the
two States involved through bilateral negotiation or by any other
peaceful procedure, either State shall have the right to submit
the matter to the Commission through the Chairman and shall notify
the other States involved.
Article 49
Notwithstanding the provisions of 47, if a State
party to the present Charter considers that another State party
has violated the provisions of the Charter, it may refer the matter
directly to the Commission by addressing a communication to the
Chairman, to the Secretary General of the Organization of African
Unity and the State concerned.
Article 50
The Commission can only deal with a matter submitted
to it after making sure that all local remedies, if they exist,
have been exhausted, unless it is obvious to the Commission that
the procedure of achieving these remedies would be unduly prolonged.
Article 51
1. The Commission may ask the States concerned
to provide it with all relevant information.
2. When the Commission is considering the matter, States concerned
may be represented before it and submit written or oral representation.
Article 52
After having obtained from the States concerned
and from other sources all the information it deems necessary and
after having tried all appropriate means to reach an amicable solution
based on the respect of Human and Peoples' Rights, the Commission
shall prepare, within a reasonable period of time from the notification
referred to in 48, a report stating the facts and its findings.
This report shall be sent to the States concerned and communicated
to the Assembly of Heads of State and Government.
Article 53
While transmitting its report, the Commission
may make to the Assembly of Heads of State and Government such recommendations
as it deems useful.
Article 54
The Commission shall submit to each ordinary
Session of the Assembly of Heads of State and Government a report
on its activities.
Other Communicationstop
Article 55
1. Before each Session, the Secretary of the
Commission shall make a list of the communications other than those
of States parties to the present Charter and transmit them to the
members of the Commission, who shall indicate which communications
should be considered by the Commission.
2. A communication shall be considered by the Commission if a simple
majority of its members so decide.
Article 56
Communications relating to human and peoples'
rights referred to in 55 received by the Commission, shall be considered
if they:
1. Indicate their authors even if the latter request anonymity,
2. Are compatible with the Charter of the Organization of African
Unity or with the present Charter,
3. Are not written in disparaging or insulting language directed
against the State concerned and its institutions or to the Organization
of African Unity,
4. Are not based exclusively on news discriminated through the mass
media,
5. Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged,
6. Are submitted within a reasonable period from the time local
remedies are exhausted or from the date the Commission is seized
of the matter, and
7. Do not deal with cases which have been settled by these States
involved in accordance with the principles of the Charter of the
United Nations, or the Charter of the Organization of African Unity
or the provisions of the present Charter.
Article 57
Prior to any substantive consideration, all communications
shall be brought to the knowledge of the State concerned by the
Chairman of the Commission.
Article 58
1. When it appears after deliberations of the
Commission that one or more communications apparently relate to
special cases which reveal the existence of a series of serious
or massive violations of human and peoples' rights, the Commission
shall draw the attention of the Assembly of Heads of State and Government
to these special cases.
2. The Assembly of Heads of State and Government may then request
the Commission to undertake an in-depth study of these cases and
make a factual report, accompanied by its findings and recommendations.
3. A case of emergency duly noticed by the Commission shall be submitted
by the latter to the Chairman of the Assembly of Heads of State
and Government who may request an in-depth study.
Article 59
1. All measures taken within the provisions of
the present Chapter shall remain confidential until such a time
as the Assembly of Heads of State and Government shall otherwise
decide. . . .
2. The report on the activities of the Commission shall be published
by its Chairman after it has been considered by the Assembly of
Heads of State and Government.
Chapter IV -- Applicable Principlestop
Article 60
The Commission shall draw inspiration from international
law on human and peoples' rights, particularly from the provisions
of various African instruments on human and peoples' rights, the
Charter of the United Nations, the Charter of the Organization of
African Unity, the Universal Declaration of Human Rights, other
instruments adopted by the United Nations and by African countries
in the field of human and peoples' rights as well as from the provisions
of various instruments adopted within the Specialized Agencies of
the United Nations of which the parties to the present Charter are
members.
Article 61
The Commission shall also take into consideration,
as subsidiary measures to determine the principles of law, other
general or special international conventions, laying down rules
expressly recognized by member states of the Organization of African
Unity, African practices consistent with international norms on
human and people's rights, customs generally accepted as law, general
principles of law recognized by African states as well as legal
precedents and doctrine.
Article 62
Each state party shall undertake to submit
every two years, from the date the present Charter comes into force,
a report on the legislative or other measures taken with a view
to giving effect to the rights and freedoms recognized and guaranteed
by the present Charter.
Abridged
top
African [Banjul] Charter on Human and
Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev.
5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986:
Article 2
Every individual shall be entitled to the enjoyment
of the rights and freedoms recognized and guaranteed in the present
Charter without distinction of any kind such as race, ethnic group,
color, sex, language, religion, political or any other opinion,
national and social origin, fortune, birth or other status.
Article 3
1. Every individual shall be equal before the
law. 2. Every individual shall be entitled to equal protection of
the law.
Article 7
1. Every individual shall have the right to have
his cause heard. This comprises: (a) the right to an appeal to competent
national organs against acts of violating his fundamental rights
as recognized and guaranteed by conventions, laws, regulations and
customs in force; (b) the right to be presumed innocent until proved
guilty by a competent court or tribunal; (c) the right to defence,
including the right to be defended by counsel of his choice; (d)
the right to be tried within a reasonable time by an impartial court
or tribunal. 2. No one may be condemned for an act or omission which
did not constitute a legally punishable offence at the time it was
committed. No penalty may be inflicted for an offence for which
no provision was made at the time it was committed. Punishment is
personal and can be imposed only on the offender.
Article 16
1. Every individual shall have the right to enjoy
the best attainable state of physical and mental health. 2. States
Parties to the present Charter shall take the necessary measures
to protect the health of their people and to ensure that they receive
medical attention when they are sick.
Article 17
1. Every individual shall have the right to education.
2. Every individual may freely, take part in the cultural life of
his community. 3. The promotion and protection of morals and traditional
values recognized by the community shall be the duty of the State.
Article 18
1. The family shall be the natural unit and basis
of society. It shall be protected by the State which shall take
care of its physical health and moral.
2. The State shall have the duty to assist the family which is the
custodian of morals and traditional values recognized by the community.
3. The State shall ensure the elimination of every discrimination
against women and also ensure the protection of the rights of the
woman and the child as stipulated in international declarations
and conventions.
4. The aged and the disabled shall also have the right to special
measures of protection in keeping with their physical or moral needs.
Convention on the Rights of the
Child top
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
Part I | Part
II | Part III
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
its responsibilities within the community,
Recognizing that the child, for the full and harmonious
development of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love and understanding,
Considering that the child should be fully prepared
to live an individual life in society, and brought up in the spirit
of the ideals proclaimed in the Charter of the United Nations, and
in particular in the spirit of peace, dignity, tolerance, freedom,
equality and solidarity,
Bearing in mind that the need to extend particular
care to the child has been stated in the Geneva Declaration of the
Rights of the Child of 1924 and in the Declaration of the Rights
of the Child adopted by the General Assembly on 20 November 1959
and recognized in the Universal Declaration of Human Rights, in
the International Covenant on Civil and Political Rights (in particular
in articles 23 and 24), in the International Covenant on Economic,
Social and Cultural Rights (in particular in article 10) and in
the statutes and relevant instruments of specialized agencies and
international organizations concerned with the welfare of children,
'
Bearing in mind that, as indicated in the Declaration
of the Rights of the Child, "the child, by reason of his physical
and mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth",
Recalling the provisions of the Declaration on Social
and Legal Principles relating to the Protection and Welfare of Children,
with Special Reference to Foster Placement and Adoption Nationally
and Internationally; the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (The Beijing Rules) ; and
the Declaration on the Protection of Women and Children in Emergency
and Armed Conflict,
Recognizing that, in all countries in the world, there
are children living in exceptionally difficult conditions, and that
such children need special consideration,
Taking due account of the importance of the traditions
and cultural values of each people for the protection and harmonious
development of the child,
Recognizing the importance of international co-operation
for improving the living conditions of children in every country,
in particular in the developing countries,
Have agreed as follows:
PART Itop
Article 1
For the purposes of the present Convention, a child means every
human being below the age of eighteen years unless under the law
applicable to the child, majority is attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set 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.
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.
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 co-operation.
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.
Article 6
1. States Parties recognize that every child has the inherent right
to life.
2. States Parties shall ensure to the maximum extent possible the
survival and development of the child.
Article 7
1. The child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a nationality
and. as far as possible, the right to know and be cared for by his
or her parents.
2. States Parties shall ensure the implementation of these rights
in accordance with their national law and their obligations under
the relevant international instruments in this field, in particular
where the child would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to
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 re-establishing speedily
his or her identity.
Article 9
1. States Parties shall ensure that a child shall not be separated
from his or her parents against their will, except when competent
authorities subject to judicial review determine, in accordance
with applicable law and procedures, that such separation is necessary
for the best interests of the child. Such determination may be necessary
in a particular case such as one involving abuse or neglect of the
child by the parents, or one where the parents are living separately
and a decision must be made as to the child's place of residence.
2. In any proceedings pursuant to paragraph 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.
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.
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.
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.
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.
Article 14
1. States Parties shall respect the right of the child to freedom
of thought, conscience and religion.
2. States Parties shall respect the rights and duties of the parents
and, when applicable, legal guardians, to provide direction to the
child in the exercise of his or her right in a manner consistent
with the evolving capacities of the child. 3. Freedom to manifest
one's religion or beliefs may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety,
order, health or morals, or the fundamental rights and freedoms
of others.
Article 15
1. States Parties recognize the rights of the child to freedom of
association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights
other than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national security
or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms
of others.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference
with his or her privacy, family, home or correspondence, nor to
unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against
such interference or attacks.
Article 17
States Parties recognize the important function performed by the
mass media and shall ensure that the child has access to information
and material from a diversity of national and international sources,
especially those aimed at the promotion of his or her social, spiritual
and moral well-being and physical and mental health. To this end,
States Parties shall:
(a) Encourage the mass media to disseminate information and material
of social and cultural benefit to the child and in accordance with
the spirit of article 29;
(b) Encourage international co-operation in the production,
exchange and dissemination of such information and material from
a diversity of cultural, national and international sources;
(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.
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.
3. States Parties shall take all appropriate measures to ensure
that children of working parents have the right to benefit from
child-care services and facilities for which they are eligible.
Article 19
1. States Parties shall take all appropriate legislative, administrative,
social and educational measures to protect the child from all forms
of physical or mental violence, injury or abuse, neglect or negligent
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.
Article 20
1. A child temporarily or permanently deprived of his or her family
environment, or in whose own best interests cannot be allowed to
remain in that environment, shall be entitled to special protection
and assistance provided by the State.
2. States Parties shall in accordance with their national laws ensure
alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah
of Islamic law, adoption or if necessary placement in 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.
Article 21
States Parties that recognize and/or permit the system of adoption
shall ensure that the best interests of the child shall be the paramount
consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by competent
authorities who determine, in accordance with applicable law and
procedures and on the basis of all pertinent and reliable information,
that the adoption is permissible in view of the child's status concerning
parents, relatives and legal guardians and that, if required, the
persons concerned have given their informed consent to the adoption
on the basis of such counselling as may be necessary;
(b) Recognize that inter-country adoption may be considered
as an alternative means of child's care, if the child cannot be
placed in a foster or an adoptive family or cannot in any suitable
manner be cared for in the child's country of origin; (c) Ensure
that the child concerned by inter-country adoption enjoys safeguards
and standards equivalent to those existing in the case of national
adoption;
(d) Take all appropriate measures to ensure that,
in inter-country adoption, the placement does not result in improper
financial gain for those involved in it;
(e) Promote, where appropriate,
the objectives of the present article by concluding bilateral or
multilateral arrangements or agreements, and endeavour, within this
framework, to ensure that the placement of the child in another
country is carried out by competent authorities or organs.
Article 22
1. States Parties shall take appropriate measures to ensure that
a child who is seeking refugee status or who is considered a refugee
in accordance with applicable international or domestic law and
procedures shall, whether unaccompanied or accompanied by his or
her parents or by any other person, receive appropriate protection
and humanitarian assistance in the enjoyment of applicable rights
set forth in the present Convention and in other international human
rights or humanitarian instruments to which the said States are
Parties.
2. For this purpose, States Parties shall provide, as they consider
appropriate, co-operation in any efforts by the United Nations and
other competent intergovernmental organizations or non-governmental
organizations co-operating with the United Nations to protect and
assist such a child and to trace the parents or other members of
the family of any refugee child in order to obtain information necessary
for reunification with his or her family. In cases where no parents
or other members of the family can be found, the child shall be
accorded the same protection as any other child permanently or temporarily
deprived of his or her family environment for any reason , as set
forth in the present Convention.
Article 23
1. States Parties recognize that a mentally or physically disabled
child should enjoy a full and decent life, in conditions which ensure
dignity, promote self-reliance and facilitate the child's active
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.
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 breastfeeding, hygiene and environmental
sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for
parents and family planning education and services.
3. States Parties shall take all effective and appropriate
measures with a view to abolishing traditional practices prejudicial
to the health of children.
4. States Parties undertake to promote and encourage
international co-operation with a view to achieving progressively
the full realization of the right recognized in the present article.
In this regard, particular account shall be taken of the needs of
developing countries.
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.
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.
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.
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.
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 principle set forth in paragraph
1 of the present article and to the requirements that the education
given in such institutions shall conform to such minimum standards
as may be laid down by the State.
Article 30
In those States in which ethnic, religious or
linguistic minorities or persons of indigenous origin exist, a child
belonging to such a minority or who is indigenous shall not be denied
the right, in community with other members of his or her group,
to enjoy his or her own culture, to profess and practise his or
her own religion, or to use his or her own language.
Article 31
1. States Parties recognize the right of the
child to rest and leisure, to engage in play and recreational activities
appropriate to the age of the child and to participate freely 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.
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 admission 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.
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.
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 practices;
(c) The exploitative use of children in pornographic
performances and materials.
Article 35
States Parties shall take all appropriate national,
bilateral and multilateral measures to prevent the abduction of,
the sale of or traffic in children for any purpose or in any form.
Article 36
States Parties shall protect the child against
all other forms of exploitation prejudicial to any aspects of the
child's welfare.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman
or degrading treatment or punishment. Neither capital punishment
nor life imprisonment without possibility of release shall be imposed
for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty
unlawfully or arbitrarily. The arrest, detention or imprisonment
of a child shall be in conformity with the law and shall be used
only as a measure of last resort and for the shortest appropriate
period of time;
(c) Every child deprived of liberty shall be treated
with humanity and respect for the inherent dignity of the human
person, and in a manner which 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.
Article 38
1. States Parties undertake to respect and to ensure respect for
rules of international humanitarian law applicable to them in armed
conflicts which are relevant to the child.
2. States Parties shall take all feasible measures to ensure that
persons who have not attained the age of fifteen years do not take
a direct part in hostilities.
3. States Parties shall refrain from recruiting any
person who has not attained the age of fifteen years into their
armed forces. In recruiting among those persons who have attained
the age of fifteen years but who have not attained the age of eighteen
years, States Parties shall endeavour to give priority to those
who are oldest.
4. In accordance with their obligations under international
humanitarian law to protect the civilian population in armed conflicts,
States Parties shall take all feasible measures to ensure protection
and care of children who are affected by an armed conflict.
Article 39
States Parties shall take all appropriate measures
to promote 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.
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.
Article 41
Nothing in the present Convention shall affect
any provisions which are more conducive to the realization of the
rights of the child and which may be contained in:
(a) The law of a State party; or
(b) International law in force
for that State.
PART IItop
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 ten experts of high moral standing
and recognized competence in the field covered by this Convention.
The members of the Committee shall be elected by States Parties
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 States
Parties convened by the Secretary-General at United Nations Headquarters.
At those meetings, for which two thirds of States Parties shall
constitute a quorum, the persons elected to the Committee shall
be those who obtain the largest number of votes and an absolute
majority of the votes of the representatives of States Parties present
and voting.
6. The members of the Committee shall be elected for
a term of four years. They shall be eligible for re-election if
renominated. The term of five of the members elected at the first
election shall expire at the end of two years; immediately after
the first election, the names of these five members shall be chosen
by lot by the Chairman of the meeting.
7. If a member of the Committee dies or resigns or
declares that for any other cause he or she can no longer perform
the duties of the Committee, the State Party which nominated the
member shall appoint another expert from among its nationals to
serve for the remainder of the term, subject to the approval of
the Committee.
8. The Committee shall establish its own rules of
procedure.
9. The Committee shall elect its officers for a period
of two 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 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 co-operation in
the field covered by the Convention:
(a) The specialized agencies, the United Nations Children's Fund,
and other United Nations organs shall be entitled to be represented
at the consideration of the implementation of such provisions of
the present Convention as fall within the scope of their mandate.
The Committee may invite the specialized agencies, the United Nations
Children's Fund and other competent bodies as it may consider appropriate
to provide expert advice on the implementation of the Convention
in areas falling within the scope of their respective mandates.
The Committee may invite the specialized agencies, the United Nations
Children's Fund, and other United Nations organs to submit reports
on the implementation of the Convention in areas falling within
the scope of their activities;
(b) The Committee shall transmit, as it may consider
appropriate, to the specialized agencies, the United Nations Children's
Fund and other competent bodies, any reports from States Parties
that contain a request, or indicate a need, for technical advice
or assistance, along with the Committee's observations and suggestions,
if any, on these requests or indications;
(c) The Committee may recommend to the General Assembly
to request the Secretary-General to undertake on its behalf studies
on specific issues relating to the rights of the child;
(d) The Committee may make suggestions and general
recommendations based on information received pursuant to articles
44 and 45 of the present Convention. Such suggestions and general
recommendations shall be transmitted to any State Party concerned
and reported to the General Assembly, together with comments, if
any, from States Parties.
PART IIItop
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.
Convention on the Rights
of the Child - abridgedtop
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.
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.
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.
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.
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.
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.
Declaration of the Rights of the
Child top
Proclaimed by General Assembly resolution
1386(XIV) of 20 November 1959
Whereas 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,
Whereas the United Nations has, in the Universal Declaration of
Human Rights, proclaimed 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.
Whereas 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,
Whereas the need for such special safeguards has been
stated in the Geneva Declaration of the Rights of the Child of 1924,
and recognized in the Universal Declaration of Human Rights and
in the statutes of specialized agencies and international organizations
concerned with the welfare of children,
Whereas mankind owes to the child the best it has
to give,
Now therefore, The General Assembly
Proclaims this Declaration of the Rights of the Child
to the end that he may have a happy childhood and enjoy for his
own good and for the good of society the rights and freedoms herein
set forth, and calls upon parents, upon men and women as individuals,
and upon voluntary organizations, local authorities and national
Governments to recognize these rights and strive for their observance
by legislative and other measures progressively taken in accordance
with the following principles:
Principle 1
The child shall enjoy all the rights set forth
in this Declaration. Every child, without any exception whatsoever,
shall be entitled to these rights, without distinction or discrimination
on account of race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other
status, whether of himself or of his family.
Principle 2
The child shall enjoy special protection, and
shall be given opportunities and facilities, by law and by other
means, to enable him to develop physically, mentally, morally, spiritually
and socially in a healthy and normal manner and in conditions of
freedom and dignity. In the enactment of laws for this purpose,
the best interests of the child shall be the paramount consideration.
Principle 3
The child shall be entitled from his birth to
a name and a nationality.
Principle 4
The child shall enjoy the benefits of social
security. He shall be entitled to grow and develop in health; to
this end, special care and protection shall be provided both to
him and to his mother, including adequate pre-natal and post-natal
care. The child shall have the right to adequate nutrition, housing,
recreation and medical services.
Principle 5
The child who is physically, mentally or socially handicapped shall
be given the special treatment, education and care required by his
particular condition.
Principle 6
The child, for the full and harmonious development of his personality,
needs love and understanding. He shall, wherever possible, grow
up in the care and under the responsibility of his parents, and,
in any case, in an atmosphere of affection and of moral and material
security; a child of tender years shall not, save in exceptional
circumstances, be separated from his mother. Society and the public
authorities shall have the duty to extend particular care to children
without a family and to those without adequate means of support.
Payment of State and other assistance towards the maintenance of
children of large families is desirable.
Principle 7
The child is entitled to receive education, which shall be free
and compulsory, at least in the elementary stages. He shall be given
an education which will promote his general culture and enable him,
on a basis of equal opportunity, to develop his abilities, his individual
judgement, and his sense of moral and social responsibility, and
to become a useful member of society.
The best interests of the child shall be the guiding
principle of those responsible for his education and guidance; that
responsibility lies in the first place with his parents.
The child shall have full opportunity for play and
recreation, which should be directed to the same purposes as education;
society and the public authorities shall endeavour to promote the
enjoyment of this right.
Principle 8
The child shall in all circumstances be among the first to receive
protection and relief.
Principle 9
The child shall be protected against all forms of neglect, cruelty
and exploitation. He shall not be the subject of traffic, in any
form.
The child shall not be admitted to employment before
an appropriate minimum age; he shall in no case be caused or permitted
to engage in any occupation or employment which would prejudice
his health or education, or interfere with his physical, mental
or moral development.
Principle 10
The child shall be protected from practices which may foster racial,
religious and any other form of discrimination. He shall be brought
up in a spirit of understanding, tolerance, friendship among peoples,
peace and universal brotherhood, and in full consciousness that
his energy and talents should be devoted to the service of his fellow
men.
Abridged
top
Proclaimed by General Assembly resolution
1386(XIV) of 20 November 1959
Principle 2
The child shall enjoy special protection, and
shall be given opportunities and facilities, by law and by other
means, to enable him to develop physically, mentally, morally, spiritually
and socially in a healthy and normal manner and in conditions of
freedom and dignity. In the enactment of laws for this purpose,
the best interests of the child shall be the paramount consideration.
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