CONVENTION ON THE RIGHTS OF THE CHILD

CONVENTION ON THE RIGHTS OF THE CHILD
The General Assembly,Recalling its previous resolutions, especially resolutions 33/166 of 20December 1978 and 43/112 of 8 December 1988, and those of the Commission onHuman Rights and the Economic and Social Council related to the question ofa convention on the rights of the child,Taking note, in particular, of Commission on Human Rights resolution1989/57 of 8 March 1989, by which the Commission decided to transmit thedraft convention on the rights of the child, through the Economic andSocial Council, to the General Assembly, and Economic and Social Councilresolution 1989/79 of 24 May 1989,Reaffirming that children's rights require special protection and callfor continuous improvement of the situation of children all over the world,as well as for their development and education in conditions of peace andsecurity,Profoundly concerned that the situation of children in many parts of theworld remains critical as a result of inadequate social conditions, naturaldisasters, armed conflicts, exploitation, illiteracy, hunger anddisability, and convinced that urgent and effective national andinternational action is called for,Mindful of the important role of the United Nations Children's Fund andof that of the United Nations in promoting the well-being of children andtheir development,Convinced that an international convention on the rights of the child, asa standard-setting accomplishment of the United Nations in the field ofhuman rights, would make a positive contribution to protecting children'srights and ensuring their well-being,Bearing in mind that 1989 marks the thirtieth anniversary of theDeclaration of the Rights of the Child and the tenth anniversary of theInternational Year of the Child,1. Expresses its appreciation to the Commission on Human Rights forhaving concluded the elaboration of the draft convention on the rights ofthe child;2. Adopts and opens for signature, ratification and accession theConvention on the Rights of the Child contained in the annex to the presentresolution;3. Calls upon all Member States to consider signing and ratifying oracceding to the Convention as a matter of priority and expresses the hopethat it will come into force at an early date;4. Requests the Secretary-General to provide all the facilities andassistance necessary for dissemination of information on the Convention;5. Invites United Nations agencies and organizations, as well asintergoverrunental and non-governmental organizations, to intensify theirefforts with a view to disseminating information on the Convention and topromoting its understanding;6. Requests the Secretary-General to submit to the General Assembly atits forty-fifth session a report on the status of the Convention on theRights of the Child;7. Decides to consider the report of the Secretary-General at itsforty-fifth session under an item entitled "Implementation of theConvention on the Rights of the Child".61st plenary meeting20 November 1989ANNEXConvention on the Rights of the ChildPREAMBLEThe States Parties to the present Convention,Considering that, in accordance with the principles proclaimed in theCharter of the United Nations, recognition of the inherent dignity and ofthe equal and inalienable rights of all members of the human family is thefoundation of freedom, justice and peace in the world,Bearing in mind that the peoples of the United Nations have, in theCharter, reaffirmed their faith in fundamental human rights and in thedignity and worth of the human person, and have determined to promotesocial progress and better standards of life in larger freedom,Recognizing that the United Nations has, in the Universal Declaration ofHuman Rights and in the International Covenants on Human Rights, proclaimedand agreed that everyone is entitled to all the rights and freedoms setforth 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 UnitedNations has proclaimed that childhood is entitled to special care andassistance,Convinced that the family, as the fundamental group of society and thenatural environment for the growth and well-being of all its members andparticularly children, should be afforded the necessary protection andassistance so that it can fully assume its responsibilities within thecommunity,Recognizing that the child, for the full and harmonious development ofhis or her personality, should grow up in a family environment, in anatmosphere of happiness, love and understanding,Considering that the child should be fully prepared to live an individuallife in society, and brought up in the spirit of the ideals proclaimed inthe Charter of the United Nations, and in particular in the spirit ofpeace, dignity, tolerance, freedom, equality and solidarity,Bearing in mind that the need to extend particular care to the child hasbeen stated in the Geneva Declaration of the Rights of the Child of 1924and in the Declaration of the Rights of the Child adopted by the GeneralAssembly on 20 November 1959 and recognized in the Universal Declaration ofHuman Rights, in the International Covenant on Civil and Political Rights(in particular in articles 23 and 24), in the International Covenant onEconomic, Social and Cultural Rights (in particular in article 10) and inthe statutes and relevant instruments of specialized agencies andinternational organizations concerned with the welfare of children,Bearing in mind that, as indicated in the Declaration of the Rights ofthe 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 LegalPrinciples relating to the Protection and Welfare of Children, with SpecialReference to Foster Placement and Adoption Nationally and Internationally;the United Nations Standard Minimum Rules for the Administration ofJuvenile justice (The Beijing Rules); and the Declaration on the Protectionof Women and Children in Emergency and Armed Conflict,Recognizing that, in all countries in the world, there are childrenliving in exceptionally difficult conditions, and that such children needspecial consideration,Taking due account of the importance of the traditions and culturalvalues of each people for the protection and harmonious development of thechild,Recognizing the importance of international co-operation for improvingthe living conditions of children in every country, in particular in thedeveloping countries,Have agreed as follows:PART IArticle 1For the purposes of the present Convention, a child means every humanbeing below the age of eighteen years unless, under the law applicable tothe child, majority is attained earlier.Article 21. States Parties shall respect and ensure the rights set forth in thepresent Convention to each child within their jurisdiction withoutdiscrimination of any kind, irrespective of the child's or his or herparent'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 thechild is protected against all forms of discrimination or punishment on thebasis of the status, activities, expressed opinions, or beliefs of thechild's parents, legal guardians, or family members.Article 31. In all actions concerning children, whether undertaken by public orprivate social welfare institutions, courts of law, administrativeauthorities or legislative bodies, the best interests of the child shall bea primary consideration.2. States Parties undertake to ensure the child such protection and care asis necessary for his or her well-being, taking into account the rights andduties of his or her parents, legal guardians, or other individuals legallyresponsible for him or her, and, to this end, shall take all appropriatelegislative and administrative measures.3. States Parties shall ensure that the institutions, services andfacilities responsible for the care or protection of children shall conformwith the standards established by competent authorities, particularly inthe areas of safety, health, in the number and suitability of their staff,as well as competent supervision.Article 4States Parties shall undertake all appropriate legislative,administrative, and other measures for the implementation of the rightsrecognized in the present Convention. With regard to economic, social andcultural rights, States Parties shall undertake such measures to themaximum extent of their available resources and, where needed, within theframework of international co-operation.Article 5States Parties shall respect the responsibilities, rights and duties ofparents or, where applicable, the members of the extended family orcommunity as provided for by local custom, legal guardians or other personslegally responsible for the child, to provide, in a manner consistent withthe evolving capacities of the child, appropriate direction and guidance inthe exercise by the child of the rights recognized in the presentConvention.Article 61. States Parties recognize that every child has the inherent right tolife.2. States Parties shall ensure to the maximum extent possible the survivaland development of the child.Article 71. The child shall be registered immediately after birth and shall have theright from birth to a name, the right to acquire a nationality and, as faras possible, the right to know and be cared for by his or her parents.2. States Parties shall ensure the implementation of these rights inaccordance with their national law and their obligations under the relevantinternational instruments in this field, in particular where the childwould otherwise be stateless.Article 81. States Parties undertake to respect the right of the child to preservehis or her identity, including nationality, name and family relations asrecognized by law without unlawful interference.2. Where a child is illegally deprived of some or all of the elements ofhis or her identity, States Parties shall provide appropriate assistanceand protection, with a view to speedily re-establishing his or heridentity.Article 91. States Parties shall ensure that a child shall not be separated from hisor her parents against their will, except when competent authoritiessubject to judicial review determine, in accordance with applicable law andprocedures, that such separation is necessary for the best interests of thechild. Such determination may be necessary in a particular case such as oneinvolving abuse or neglect of the child by the parents, or one where theparents are living separately and a decision must be made as to the child'splace of residence.2. In any proceedings pursuant to paragraph 1 of the present article, allinterested parties shall be given an opportunity to participate in theproceedings and make their views known.3. States Parties shall respect the right of the child who is separatedfrom one or both parents to maintain personal relations and direct contactwith both parents on a regular basis, except if it is contrary to thechild's best interests.@4. Where such separation results from any action initiated by a StateParty, such as the detention, imprisonment, exile, deportation or death(including death arising from any cause while the person is in the custodyof the State) of one or both parents or of the child, that State Partyshall, upon request, provide the parents, the child or, if appropriate,another member of the family with the essential information concerning thewhereabouts of the absent member(s) of the family unless the provision ofthe information would be detrimental to the well-being of the child. StatesParties shall further ensure that the submission of such a request shall ofitself entail no adverse consequences for the person(s) concerned.Article 101. In accordance with the obligation of States Parties under article 9,paragraph 1, applications by a child or his or her parents to enter orleave a State Party for the purpose of family reunification shall be dealtwith by States Parties in a positive, humane and expeditious manner. StatesParties shall further ensure that the submission of such a request shallentail no adverse consequences for the applicants and for the members oftheir family.2. A child whose parents reside in different States shall have the right tomaintain on a regular basis, save in exceptional circumstances personalrelations and direct contacts with both parents. Towards that end and inaccordance with the obligation of States Parties under article 9, paragraph2, States Parties shall respect the right of the child and his or herparents to leave any country, including their own, and to enter their owncountry. The right to leave any country shall be subject only to suchrestrictions as are prescribed by law and which are necessary to protectthe national security, public order (ordre public), public health or moralsor the rights and freedoms of others and are consistent with the otherrights recognized in the present Convention.Article 111. States Parties shall take measures to combat the illicit transfer andnon-return of children abroad.2. To this end, States Parties shall promote the conclusion of bilateral ormultilateral agreements or accession to existing agreements.Article 121. States Parties shall assure to the child who is capable of forming hisor her own views the right to express those views freely in all mattersaffecting the child, the views of the child being given due weight inaccordance with the age and maturity of the child.2. For this purpose, the child shall in particular be provided theopportunity to be heard in any judicial and administrative proceedingsaffecting the child, either directly, or through a representative or anappropriate body, in a manner consistent with the procedural rules ofnational law.Article 131. The child shall have the right to freedom of expression; this rightshall include freedom to seek, receive and impart information and ideas ofall 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, butthese 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 (ordrepublic), or of public health or morals.Article 141. States Parties shall respect the right of the child to freedom ofthought, 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 theexercise of his or her right in a manner consistent with the evolvingcapacities of the child.3. Freedom to manifest one's religion or beliefs may be subject only tosuch limitations as are prescribed by law and are necessary to protectpublic safety, order, health or morals, or the fundamental rights andfreedoms of others.Article 151. States Parties recognize the rights of the child to freedom ofassociation and to freedom of peaceful assembly.2. No restrictions may be placed on the exercise of these rights other thanthose imposed in conformity with the law and which are necessary in ademocratic society in the interests of national security or public safety,public order (ordre public), the protection of public health or morals orthe protection of the rights and freedoms of others.Article 161. No child shall be subjected to arbitrary or unlawful interference withhis or her privacy, family, home or correspondence, nor to unlawful attackson his or her honour and reputation.2. The child has the right to the protection of the law against suchinterference or attacks.Article 17States Parties recognize the important function performed by the massmedia and shall ensure that the child has access to information andmaterial from a diversity of national and international sources, especiallythose aimed at the promotion of his or her social, spiritual and moralwell-being and physical and mental health. To this end, States Partiesshall:(a) Encourage the mass media to disseminate information and material ofsocial and cultural benefit to the child and in accordance with the spiritof article 29;(b) Encourage international co-operation in the production, exchange anddissemination of such information and material from a diversity ofcultural, 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 linguisticneeds of the child who belongs to a minority group or who is indigenous;(e) Encourage the development of appropriate guidelines for theprotection of the child from information and material injurious to his orher well-being, bearing in mind the provisions of articles 13 and 18.Article 181. States Parties shall use their best efforts to ensure recognition of theprinciple that both parents have common responsibilities for the upbringingand development of the child. Parents or, as the case may be, legalguardians, have the primary responsibility for the upbringing anddevelopment of the child. The best interests of the child will be theirbasic concern.2. For the purpose of guaranteeing and promoting the rights set forth inthe present Convention, States Parties shall render appropriate assistanceto parents and legal guardians in the performance of their child-rearingresponsibilities 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 thatchildren of working parents have the right to benefit from child-careservices and facilities for which they are eligible.Article 191. States Parties shall take all appropriate legislative, administrative,social and educational measures to protect the child from all forms ofphysical or mental violence, injury or abuse, neglect or negligenttreatment, maltreatment or exploitation, including sexual abuse, while inthe care of parent(s), legal guardian(s) or any other person who has thecare of the child2. Such protective measures should, as appropriate, include effectiveprocedures for the establishment of social programmes to provide necessarysupport for the child and for those who have the care of the child, as wellas for other forms of prevention and for identification, reporting,referral, investigation, treatment and follow-up of instances of childmaltreatment described heretofore, and, as appropriate, for judicialinvolvement.Article 201. A child temporarily or permanently deprived of his or her familyenvironment, or in whose own best interests cannot be allowed to remain inthat environment, shall be entitled to special protection and assistanceprovided by the State.2. States Parties shall in accordance with their national laws ensurealternative care for such a child.3. Such care could include, inter alia, foster placement, kafalah ofIslamic law, adoption or if necessary placement in suitable institutionsfor the care of children. When considering solutions, due regard shall bepaid to the desirability of continuity in a child's upbringing and to thechild's ethnic, religious, cultural and linguistic background.Article 21States Parties that recognize and/or permit the system of adoption shallensure that the best interests of the child shall be the paramountconsideration and they shall:(a) Ensure that the adoption of a child is authorized only by competentauthorities who determine, in accordance with applicable law and proceduresand on the basis of all pertinent and reliable information, that theadoption is permissible in view of the child's status concerning parents,relatives and legal guardians and that, if required, the persons concernedhave given their informed consent to the adoption on the basis of suchcounselling as may be necessary;(b) Recognize that inter-country adoption may be considered as analternative means of child's care, if the child cannot be placed in afoster or an adoptive family or cannot in any suitable manner be cared forin the child's country of origin;(c) Ensure that the child concerned by inter-country adoption enjoyssafeguards and standards equivalent to those existing in the case ofnational adoption;(d) Take all appropriate measures to ensure that, in inter-countryadoption, the placement does not result in improper financial gain forthose involved in it;(e) Promote, where appropriate, the objectives of the present article byconcluding bilateral or multilateral arrangements or agreements, andendeavour, within this framework, to ensure that the placement of the childin another country is carried out by competent authorities or organs.Article 221. States Parties shall take appropriate measures to ensure that a childwho is seeking refugee status or who is considered a refugee in accordancewith applicable international or domestic law and procedures shall, whetherunaccompanied or accompanied by his or her parents or by any other person,receive appropriate protection and humanitarian assistance in the enjoymentof applicable rights set forth in the present Convention and in otherinternational human rights or humanitarian instruments to which the saidStates are Parties.2. For this purpose, States Parties shall provide, as they considerappropriate, co-operation in any efforts by the United Nations and othercompetent intergovernmental organizations or non-governmental organizationsco-operating with the United Nations to protect and assist such a child andto trace the parents or other members of the family of any refugee child inorder to obtain information necessary for reunification with his or herfamily In cases where no parents or other members of the family can befound, the child shall be accorded the same protection as any other childpermanently or temporarily deprived of his or her family environment forany reason, as set forth in the present Convention.Article 231. States Parties recognize that a mentally or physically disabled childshould enjoy a full and decent life, in conditions which ensure dignity,promote self-reliance and facilitate the child's active participation inthe community2. States Parties recognize the right of the disabled child to special careand shall encourage and ensure the extension, subject to availableresources, to the eligible child and those responsible for his or her care,of assistance for which application is made and which is appropriate to thechild's condition and to the circumstances of the parents or others caringfor the child.3. Recognizing the special needs of a disabled child, assistance extendedin accordance with paragraph 2 of the present article shall be providedfree of charge, whenever possible, taking into account the financialresources of the parents or others caring for the child, and shall bedesigned to ensure that the disabled child has effective access to andreceives education, training, health care services, rehabilitationservices, preparation for employment and recreation opportunities in amanner conducive to the child's achieving the fullest possible socialintegration and individual development, including his or her cultural andspiritual development.4. States Parties shall promote, in the spirit of internationalco-operation, the exchange of appropriate information in the field ofpreventive health care and of medical, psychological and functionaltreatment of disabled children, including dissemination of and access toinformation concerning methods of rehabilitation, education and vocationalservices, with the aim of enabling States Parties to improve theircapabilities and skills and to widen their experience in these areas. Inthis regard, particular account shall be taken of the needs of developingcountries.Article 241. States Parties recognize the right of the child to the enjoyment of thehighest attainable standard of health and to facilities for the treatmentof illness and rehabilitation of health. States Parties shall strive toensure that no child is deprived of his or her right of access to suchhealth care services forth in the present Convention and in otherinternational human rights or humanitarian instruments to which the saidStates are Parties.2. For this purpose, States Parties shall provide, as they considerappropriate, co-operation in any efforts by the United Nations and othercompetent intergovernmental organizations or non-governmental organizationscooperating with the United Nations to protect and assist such a child andto trace the parents or other members of the family of any refugee child inorder to obtain information necessary for reunification with his or herfamily. In cases where no parents or other members of the family can befound, the child shall be accorded the same protection as any other childpermanently or temporarily deprived of his or her family environment forany reason, as set forth in the present Convention.2 States Parties shall pursue full implementation of this right and, inparticular, shall take appropriate measures:(a) To diminish infant and child mortality;(b) To ensure the provision of necessary medical assistance and healthcare to all children with emphasis on the development of primary healthcare;(c) To combat disease and malnutrition, including within the framework ofprimary health care, through, iner alia, the application of readilyavailable technology and through the provision of adequate nutritious foodsand clean drinking-water, taking into consideration the dangers and risksof environmental pollution;(d) To ensure appropriate pre-natal and post-natal health care formothers;(e) To ensure that all segments of society, in particular parents andchildren, are informed, have access to education and are supported in theuse of basic knowledge of child health and nutrition, the advantages ofbreast-feeding, hygiene and environmental sanitation and the prevention ofaccidents;(f) To develop preventive health care, guidance for parents and familyplanning education and services.@3. States Parties shall take all effective and appropriate measures with aview to abolishing traditional practices prejudicial to the health ofchildren.4. States Parties undertake to promote and encourage internationalco-operation with a view to achieving progressively the full realization ofthe right recognized in the present article. In this regard, particularaccount shall be taken of the needs of developing countries.Article 25States Parties recognize the right of a child who has been placed by thecompetent authorities for the purposes of care, protection or treatment ofhis or her physical or mental health, to a periodic review of the treatmentprovided to the child and all other circumstances relevant to his or herplacement.Article 261. States Parties shall recognize for every child the right to benefit fromsocial security, including social insurance, and shall take the necessarymeasures to achieve the full realization of this right in accordance withtheir national law.2. The benefits should, where appropriate, be granted, taking into accountthe resources and the circumstances of the child and persons havingresponsibility for the maintenance of the child, as well as any otherconsideration relevant to an application for benefits made by or on behalfof the child.Article 271. States Parties recognize the right of every child to a standard ofliving adequate for the child's physical, mental, spiritual, moral andsocial development.2. The parent(s) or others responsible for the child have the primaryresponsibility 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 theirmeans, shall take appropriate measures to assist parents and othersresponsible for the child to implement this right and shall in case of needprovide material assistance and support programmes, particularly withregard to nutrition, clothing and housing.4. States Parties shall take all appropriate measures to secure therecovery of maintenance for the child from the parents or other personshaving financial responsibility for the child, both within the State Partyand from abroad. In particular, where the person having financialresponsibility for the child lives in a State different from that of thechild, States Parties shall promote the accession to internationalagreements or the conclusion of such agreements, as well as the making ofother appropriate arrangements.Article 281. States Parties recognize the right of the child to education, and with aview to achieving this right progressively and on the basis of equalopportunity, 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 andaccessible to every child, and take appropriate measures such as theintroduction of free education and offering financial assistance in case ofneed;(c) Make higher education accessible to all on the basis of capacity byevery appropriate means;(d) Make educational and vocational information and guidance availableand accessible to all children;(e) Take measures to encourage regular attendance at schools and thereduction of drop-out rates.2. States Parties shall take all appropriate measures to ensure that schooldiscipline is administered in a manner consistent with the child's humandignity and in conformity with the present Convention.3. States Parties shall promote and encourage international co-operation inmatters relating to education, in particular with a view to contributing tothe elimination of ignorance and illiteracy throughout the world andfacilitating access to scientific and technical knowledge and modernteaching methods. In this regard, particular account shall be taken of theneeds of developing countries.Article 291. States Parties agree that the education of the child shall be directedto:(a) The development of the child's personality, talents and mental andphysical 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 owncultural identity, language and values, for the national values of thecountry in which the child is living; the country from which he or she mayoriginate, 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, andfriendship among all peoples, ethnic, national and religious groups andpersons 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 tointerfere with the liberty of individuals and bodies to establish anddirect educational institutions, subject always to the observance of theprinciples set forth in paragraph 1 of the present article and to therequirements that the education given in such institutions shall conform tosuch minimum standards as may be laid down by the State.Article 30In those States in which ethnic, religious or linguistic minorities orpersons of indigenous origin exist, a child belonging to such a minority orwho is indigenous shall not be denied the right, in community with othermembers of his or her group, to enjoy his or her own culture, to professand practise his or her own religion, or to use his or her own language.@ Article 311. States Parties recognize the right of the child to rest and leisure, toengage in play and recreational activities appropriate to the age of thechild and to participate freely in cultural life and the arts.2. States Parties shall respect and promote the right of the child toparticipate fully in cultural and artistic life and shall encourage theprovision of appropriate and equal opportunities for cultural, artistic,recreational and leisure activity.Article 321. States Parties recognize the right of the child to be protected fromeconomic exploitation and from performing any work that is likely to behazardous or to interfere with the child's education, or to be harmful tothe child's health or physical, mental, spiritual, moral or socialdevelopment.2. States Parties shall take legislative, administrative, social andeducational measures to ensure the implementation of the present article.To this end, and having regard to the relevant provisions of otherinternational instruments, States Parties shall in particular:(a) Provide for a minimum age or minimum ages for admission toemployment;(b) Provide for appropriate regulation of the hours and conditions ofemployment;(c) Provide for appropriate penalties or other sanctions to ensure the,effective enforcement of the present article.Article 33States Parties shall take all appropriate measures, includinglegislative, administrative, social and educational measures, to protectchildren from the illicit use of narcotic drugs and psychotropic substancesas defined in the relevant international treaties, and to prevent the useof children in the illicit production and trafficking of such substances.Article 34States Parties undertake to protect the child from all forms of sexualexploitation and sexual abuse. For these purposes, States Parties shall inparticular take all appropriate national, bilateral and multilateralmeasures to prevent:(a) The inducement or coercion of a child to engage in any unlawfulsexual activity;(b) The exploitative use of children in prostitution or other unlawfulsexual practices;The exploitative use of children in pornographic performances andmaterialsArticle 35States Parties shall take all appropriate national, bilateral andmultilateral measures to prevent the abduction of, the sale of or trafficin children for any purpose or in any form.Article 36States Parties shall protect the child against all other forms ofexploitation prejudicial to any aspects of the child's welfare.Article 37States Parties shall ensure that:(a) No child shall be subjected to torture or other cruel, inhuman ordegrading treatment or punishment. Neither capital punishment nor lifeimprisonment without possibility of release shall be imposed for offencescommitted by persons below eighteen years of age;(b) No child shall be deprived of his or her liberty unlawfully orarbitrarily. The arrest, detention or imprisonment of a child shall be inconformity with the law and shall be used only as a measure of last resortand for the shortest appropriate period of time;(c) Every child deprived of liberty shall be treated with humanity andrespect for the inherent dignity of the human person, and in a manner whichtakes 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 isconsidered in the child's best interest not to do so and shall have theright to maintain contact with his or her family through correspondence andvisits, save in exceptional circumstances;(d) Every child deprived of his or her liberty shall have the right toprompt access to legal and other appropriate assistance, as well as theright to challenge the legality of the deprivation of his or her libertybefore a court or other competent, independent and impartial authority, andto a prompt decision on any such action.Article 381. States Parties undertake to respect and to ensure respect for rules ofinternational humanitarian law applicable to them in armed conflicts whichare relevant to the child.2. States Parties shall take all feasible measures to ensure that personswho have not attained the age of fifteen years do not take a direct part inhostilities.3. States Parties shall refrain from recruiting any person who has notattained the age of fifteen years into their armed forces. In recruitingamong those persons who have attained the age of fifteen years but who havenot attained the age of eighteen years, States Parties shall endeavour togive priority to those who are oldest.4. In accordance with their obligations under international humanitarianlaw to protect the civilian population in armed conflicts, States Partiesshall take all feasible measures to ensure protection and care of childrenwho are affected by an armed conflict.Article 39States Parties shall take all appropriate measures to promote physicaland psychological recovery and social reintegration of a child victim of:any form of neglect, exploitation, or abuse; torture or any other form ofcruel, inhuman or degrading treatment or punishment; or armed conflicts.Such recovery and reintegration shall take place in an environment whichfosters the health, self-respect and dignity of the child.Article 401. States Parties recognize the right of every child alleged as, accusedof, or recognized as having infringed the penal law to be treated in amanner consistent with the promotion of the child's sense of dignity andworth, which reinforces the child's respect for the human rights andfundamental freedoms of others and which takes into account the child's ageand the desirability of promoting the child's reintegration and the child'sassuming a constructive role in society.2. To this end, and having regard to the relevant provisions ofinternational instruments, States Parties shall, in particular, ensurethat:(a) No child shall be alleged as, be accused of, or recognized as havinginfringed the penal law by reason of acts or omissions that were notprohibited by national or international law at the time they werecommitted;(b) Every child alleged as or accused of having infringed the penal lawhas 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 orher, and, if appropriate, through his or her parents or legal guardians,and to have legal or other appropriate assistance in the preparation andpresentation 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 hearingaccording to law, in the presence of legal or other appropriate assistanceand, 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 herparents or legal guardians;(iv) Not to be compelled to give testimony or to confess quilt; to examineor have examined adverse witnesses and to obtain the participation andexamination of witnesses on his or her behalf under conditions of equality;(v) If considered to have infringed the penal law, to have this decisionand any measures imposed in consequence thereof reviewed by a highercompetent, independent and impartial authority or judicial body accordingto law;(vi) To have the free assistance of an interpreter if the child cannotunderstand or speak the language used;(vii) To have his or her privacy fully respected at all stages of theproceedings.3. States Parties shall seek to promote the establishment of laws,procedures, authorities and institutions specifically applicable tochildren alleged as, accused of, or recognized as having infringed thepenal law, and, in particular:(a) The establishment of a minimum age below which children shall bepresumed not to have the capacity to infringe the penal law;(b) Whenever appropriate and desirable, measures for dealing with suchchildren without resorting to judicial proceedings, providing that humanrights and legal safeguards are fully respected.4. A variety of dispositions, such as care, guidance and supervisionorders; counselling; probation; foster care; education and vocationaltraining programmes and other alternatives to institutional care shall beavailable to ensure that children are dealt with in a manner appropriate totheir well-being and proportionate both to their circumstances and theoffence.Article 41Nothing in the present Convention shall affect any provisions which aremore conducive to the realization of the rights of the child and which maybe contained in:(a) The law of a State Party; or(b) International law in force for that State.PART IIArticle 42States Parties undertake to make the principles and provisions of theConvention widely known, by appropriate and active means, to adults andchildren alike.Article 431. For the purpose of examining the progress made by States Parties inachieving the realization of the obligations undertaken in the presentConvention, there shall be established a Committee on the Rights of theChild, which shall carry out the functions hereinafter provided.2. The Committee shall consist of ten experts of high moral standing andrecognized competent in the field covered by this Convention. The membersof the Committee shall be elected by States Parties from among theirnationals and shall serve in their personal capacity, consideration beinggiven to equitable geographical distribution, as well as to the principallegal systems.3. The members of the Committee shall be elected by secret ballot from alist of persons nominated by States Parties. Each State Party may nominateone person from among its own nationals.4. The initial election to the Committee shall be held no later than sixmonths after the date of the entry into force of the present Convention andthereafter every second year. At least four months before the date of eachelection, the Secretary-General of the United Nations shall address aletter to States Parties inviting them to submit their nominations withintwo months. The Secretary-General shall subsequently prepare a list inalphabetical order of all persons thus nominated, indicating States Partieswhich have nominated them, and shall submit it to the States Parties to thepresent Convention.5. The elections shall be held at meetings of States Parties convened bythe Secretary-General at United Nations Headquarters. At those meetings,for which two thirds of States Parties shall constitute a quorum, thepersons elected to the Committee shall be those who obtain the largestnumber of votes and an absolute majority of the votes of therepresentatives of States Parties present and voting.6. The members of the Committee shall be elected for a term of four yearsThey shall be eligible for re-election if renominated. The term of five ofthe members elected at the first election shall expire at the end of twoyears; immediately after the first election, the names of these fivemembers 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 anyother cause he or she can no longer perform the duties of the Committee,the State Party which nominated the member shall appoint another expertfrom among its nationals to serve for the remainder of the term, subject tothe 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 NationsHeadquarters or at any other convenient place as determined by theCommittee The Committee shall normally meet annually. The duration of themeetings of the Committee shall be determined, and reviewed, it necessary,by a meeting of the States Parties to the present Convention, subject tothe approval of the General Assembly.11. The Secretary-General of the United Nations shall provide the necessarystaff and facilities for the effective performance of the functions of theCommittee under the present Convention.12. With the approval of the General Assembly, the members of the Committeeestablished under the present Convention shall receive emoluments fromUnited Nations resources on such terms and conditions as the Assembly maydecide.Article 441. States Parties undertake to submit to the Committee, through theSecretary-General of the United Nations, reports on the measures they haveadopted which give effect to the rights recognized herein and on theprogress made on the enjoyment of those rights:(a) Within two years of the entry into force of the Convention for theState Party concerned;(b) Thereafter every five years.2. Reports made under the present article shall indicate factors anddifficulties, if any, affecting the degree of fulfillment of theobligations under the present Convention. Reports shall also containsufficient information to provide the Committee with a comprehensiveunderstanding of the implementation of the Convention in the countryconcerned.3. A State Party which has submitted a comprehensive initial report to theCommittee need not, in its subsequent reports submitted in accordance withparagraph 1 (b) of the present article, repeat basic information previouslyprovided.4. The Committee may request from States Parties further informationrelevant to the implementation of the Convention.5. The Committee shall submit to the General Assembly, through the Economicand Social Council, every two years, reports on its activities.6. States Parties shall make their reports widely available to the publicin their own countries.Article 45In order to foster the effective implementation of the Convention and toencourage international co-operation in the field covered by theConvention:(a) The specialized agencies, the United Nations Children's Fund, andother United Nations organs shall be entitled to be represented at theconsideration of the implementation of such provisions of the presentConvention as fall within the scope of their mandate. The Committee mayinvite the specialized agencies, the United Nations Children's Fund andother competent bodies as it may consider appropriate to provide expertadvice on the implementation of the Convention in areas falling within thescope of their respective mandates. The Committee may invite thespecialized agencies, the United Nations Children's Fund, and other UnitedNations organs to submit reports on the implementation of the Convention inareas falling within the scope of their activities;(b) The Committee shall transmit, as it may consider appropriate, to thespecialized agencies, the United Nations Children's Fund and othercompetent bodies, any reports from States Parties that contain a request,or indicate a need, for technical advice or assistance, along with theCommittee's observations and suggestions, if any, on these requests orindications;(c) The Committee may recommend to the General Assembly to request theSecretary-General to undertake on its behalf studies on specific issuesrelating to the rights of the child;(d) The Committee may make suggestions and general recommendations basedon information received pursuant to articles 44 and 45 of the presentConvention Such suggestions and general recommendations shall betransmitted to any State Party concerned and reported to the GeneralAssembly, together with comments, if any, from States Parties.PART IIIArticle 46The present Convention shall be open for signature by all States.Article 47The present Convention is subject to ratification. Instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.Article 48The present Convention shall remain open for accession by any State. Theinstruments of accession shall be deposited with the Secretary-General ofthe United Nations.Article 491. The present Convention shall enter into force on the thirtieth dayfollowing the date of deposit with the Secretary-General of the UnitedNations of the twentieth instrument of ratification or accession.2. For each State ratifying or acceding to the Convention after the depositofthe twentieth instrument of ratification or accession, the Convention shallenter into force on the thirtieth day after the deposit by such State ofits instrument of ratification or accession.Article 501. Any State Party may propose an amendment and file it with theSecretary-General of the United Nations. The Secretary-General shallthereupon communicate the proposed amendment to States Parties, with arequest that they indicate whether they favour a conference of StatesParties for the purpose of considering and voting upon the proposals. Inthe event that, within four months from the date of such communication, atleast one third of the States Parties favour such a conference, theSecretary-General shall convene the conference under the auspices of theUnited Nations. Any amendment adopted by a majority of States Partiespresent and voting at the conference shall be submitted to the GeneralAssembly for approval.2. An amendment adopted in accordance with paragraph 1 of the presentarticle shall enter into force when it has been approved by the GeneralAssembly of the United Nations and accepted by a two-thirds majority ofStates Parties.3. When an amendment enters into force, it shall be binding on those StatesParties which have accepted it, other States Parties still being bound bythe provisions of the present Convention and any earlier amendments whichthey have accepted.Article 511. The Secretary-General of the United Nations shall receive and circulateto all States the text of reservations made by States at the time ofratification or accession.2. A reservation incompatible with the object and purpose of the presentConvention shall not be permitted.3. Reservations may be withdrawn at any time by notification to that effectaddressed to the Secretary-General of the United Nations, who shall theninform all States. Such notification shall take effect an the date on whichit is received by the Secretary-General.Article 52A State Party may denounce the present Convention by written notificationto the Secretary-General of the United Nations. Denunciation becomeseffective one year after the date of receipt of the notification by theSecretary-General.Article 53The Secretary-General of the United Nations is designated as thedepositary of the present Convention.Article 54The original of the present Convention, of which the Arabic, Chinese,English, French, Russian and Spanish texts are equally authentic, shall bedeposited with the Secretary-General of the United Nations.In witness thereof the undersigned plenipotentiaries, being dulyauthorized thereto by their respective Governments, have signed the presentConvention.