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Text of UN Convention on the Rights of the Child
Source: http://www.savechildren.or.jp
| PREAMBLE
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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 United Nations
on 20 November 1959 and recognized in the Universal Declaration of Human
Rights, in the International Covenant on Civil and Political Rights (in
particular in articles 23 and 24), in the International Covenant on
Economic, Social and Cultural Rights (in particular in article 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 I |
| Article 1 |
For the purposes of the present Convention, a child means
every human being below the age of 18 years unless, under the law applicable
to the child, majority is attained earlier.
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| Article 2 |
- 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.
- 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.
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| Article 3 |
- 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.
- 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.
- 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.
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| 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.
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| 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.
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| Article 6 |
- States Parties recognize that every child has the
inherent right to life.
- States Parties shall ensure to the maximum extent
possible the survival and development of the child.
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| Article 7 |
- 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.
- 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.
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| Article 8 |
- 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.
- Where a child is illegally deprived of some or all of
the elements of his or her identity, States Parties shall provide
appropriate assistance and protection, with a view to speedily
re-establishing his or her identity.
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PART II
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Committee shall establish its own rules of procedure.
- The Committee shall elect its officers for a period of two
years.
- 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.
- 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.
- With the approval of the General Assembly, the members of
the Committee established under the present Convention shall receive
emoluments from the United Nations resources on such terms and conditions as
the Assembly may decide.
Article 44
- 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:
- Within two years of the entry into force of the
Convention for the State Party concerned,
- Thereafter every five years.
- 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.
- 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.
- The Committee may request from States Parties further
information relevant to the implementation of the Convention.
- The Committee shall submit to the General Assembly, through
the Economic and Social Council, every two years, reports on its activities.
- 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:
- 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;
- 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;
- 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;
- 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 III |
| Article 46 |
| The present Convention shall be open for
signature by all States.
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| Article 47 |
| The present Convention is subject to
ratification. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
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| 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.
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| Article 49 |
- 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.
- 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.
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| Article 50 |
- 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.
- 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.
- 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.
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| Article 51 |
- 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.
- A reservation incompatible with the object and purpose
of the present Convention shall not be permitted.
- 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.
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| 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.
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| Article 53 |
The Secretary-General of the United Nations
is designated as the depositary of the present Convention.
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| 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.
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| In witness thereof the undersigned
plenipotentiaries, being duly authorized thereto by their respective
Governments, have signed the present Convention. |
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