Child's Rights Statement

Convention on the Rights of the Child, New York, 20-11-1989
Valid from 18-11-2002 to the present

Convention on the Rights of the Child
Preamble

The States Parties to this Convention

Considering that, in accordance with the principles proclaimed in the United Nations Charter, recognition of the dignity inherent in, and equal and inalienable rights, of all members of the human community is the basis for freedom, justice and peace in the world,

Mindful that in the Charter, the peoples of the United Nations have reaffirmed their faith in fundamental human rights and in the dignity and value of human beings and have decided to promote social progress and higher living standards in greater freedom,

Recognizing that the United Nations has proclaimed and agreed in the Universal Declaration of Human Rights and the International Covenants on Human Rights that everyone is entitled to all the rights and freedoms described therein, without distinction of any kind, including race, color, sex, language, religion, political or other beliefs, national or social origin, property, birth or other status,

Recalling that the United Nations has proclaimed in the Universal Declaration of Human Rights that children have the right to special care and assistance,

Convinced that the family, as the core of society and the natural environment for the development and well-being of all its members and children in particular, should be provided with the necessary protection and assistance to fully assume its responsibilities within the community,

Recognizing that, for the full and harmonious development of his or her personality, the child must grow up in a family environment, in an atmosphere of happiness, love and understanding,

Considering that the child should be fully prepared to lead an independent life in society and educated in the spirit of the ideals expressed in the United Nations Charter, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to provide special care to the child is stated in the 1924 Geneva Declaration on the Rights of the Child 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 articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular articles 23 and 24) Rights (in particular Article 10) and in the statutes and relevant acts of specialized organizations and international organizations concerned with the welfare of children,

Bearing in mind that, as stated in the Declaration of; The Rights of the Child, “the child, due to his physical and mental immaturity, needs special protection and care, including appropriate legal protection, both before and after birth”,

Recalling the provisions of the Declaration on Social and Legal Principles concerning the Protection and Welfare of Children, in particular with regard to foster care and adoption, both nationally and internationally; the United Nations Standard Minimum Rules for the Application of the Right to Youth (the Beijing Rules); and the Declaration on the Protection of Women and Children in Emergencies and Armed Conflict,

Recognizing that, in all countries of the world, there are children who live in exceptionally difficult conditions, and that these children require special attention,

Taking due account of the importance of the traditions and cultural values that each people attaches to the protection and harmonious development of the child,

Recognizing the importance of international cooperation to improve children's living conditions in every country, especially developing countries,

Have agreed as follows:

PART I

Article 1

For the purposes of this Convention, a child means any person under the age of eighteen, unless, under the law applicable to the child, the age of majority is reached earlier.

Article 2

1. States parties to this Convention shall respect and ensure the rights described in the Convention for every child under their jurisdiction without discrimination of any kind, regardless of race, color, gender, language, religion, political or other beliefs, national, ethnic or social origin, welfare, disability, birth or other circumstances of the child or his or her parent or legal guardian.

2. States Parties shall take all appropriate measures to ensure that the child is protected from all forms of discrimination or punishment based on the circumstances, activities, views, or beliefs of the child's parents, legal guardians, or family members.

Article 3

1. In all measures concerning children, whether taken by public or private social welfare institutions or by courts, administrative authorities or legislative bodies, the best interests of the child are the first consideration.

2. States Parties undertake to ensure the child the protection and care necessary for his or her well-being, taking into account the rights and obligations of his or her parents, legal guardians, or others legally responsible for the child, and shall take all appropriate legal and administrative measures to this end.

3. States Parties shall ensure that the institutions, services and facilities responsible for caring for or protecting children comply with the standards established by the competent authorities, in particular with regard to safety, health, number of staff and their suitability, as well as competent supervision.

Article 4

States Parties shall take all appropriate legal, administrative and other measures to exercise the rights recognized in this Convention. With regard to economic, social and cultural rights, States Parties shall take these measures to the fullest extent possible and, if necessary, within the framework of international cooperation.

Article 5

States Parties shall respect the responsibilities, rights and obligations of the parents or, if applicable, members of the wider family or the community as appropriate, as local custom, legal guardians or others legally responsible for the child, for providing appropriate guidance and guidance in the child's exercise of the rights recognized in this Convention, in a manner compatible with the child's developing abilities.

Article 6

1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the fullest extent possible the child's chances of survival and development.

Article 7

1. The child is registered immediately after birth and has the right from birth to a name, to acquire a nationality and, as far as possible, to know his or her parents and to be cared for by them.

2. States Parties shall ensure the realization of these rights in accordance with their domestic law and their obligations under relevant international acts in this area, in particular when the child would otherwise be stateless.

Article 8

1. States Parties undertake to respect the right of the child to maintain his or her identity, including nationality, name and family relationships as recognized by law, without unlawful interference.

2. When a child is unlawfully deprived of any or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection to promptly restore his or her identity.

Article 9

1. States Parties shall ensure that a child is not separated from his or her parents against their will unless the competent authorities decide, subject to judicial review, in accordance with applicable law and procedures, that such separation is necessary in the best interests of the child. Such a decision may be necessary in a particular case, such as where the child is abused or neglected by the parents, or when the parents are living apart and a decision has to be made regarding the child's whereabouts.

2. In proceedings under paragraph 1 of this article, all parties involved should have the opportunity to participate in the proceedings and express their views.

3. States Parties shall respect the right of the child separated from one parent or both parents to maintain regular personal relations and direct contact with both parents, unless this is contrary to the best interests of the child.

4. If such a separation results from a measure taken by a State Party, such as the detention, imprisonment, exile, deportation, or measure resulting in the death (including death of any cause while the person concerned is being held in custody by the State) of one parent or both parents or the child, that State shall, upon request, provide the parents, the child or, applicable, to another family member of the child the necessary information about where the absentee member of the family is located or where the absent members of the family are, unless providing that information would impair the child's well-being. States Parties shall further ensure that the submission of such a request does not in itself have an adverse effect on the person (s) concerned.

Article 10

1. In accordance with the obligation of States Parties under article 9, paragraph 1, requests from a child or his parents to enter or leave a State Party for family reunification shall be treated with kindness, humanity and urgency by States Parties. States Parties shall also ensure that the filing of such an application does not adversely affect applicants and their family members.

2. A child whose parents reside in different States has the right to maintain personal relationships and direct contacts with both parents on a regular basis, except in exceptional circumstances. To this 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 home country, and enter their own country. The right to leave any country is subject only to such restrictions as are provided by law and are necessary to protect national security, public order, public health or morals, or the rights and freedoms of others, and are compatible with the other rights recognized in this Convention.

Article 11

1. States Parties shall take measures to combat the unauthorised transfer of children to, and the non-return of, children from abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accede to existing agreements.

Article 12

1. States Parties shall ensure that the child who is able to form his or her own opinion has the right to express that opinion freely in all matters concerning the child, giving appropriate importance to the child's opinion in accordance with his or her age and maturity.

2. To this end, the child shall in particular be given the opportunity to be heard in any judicial and administrative proceedings concerning the child, either directly or through a representative or an appropriate institution, in a manner compatible with the procedural rules of national law.

Article 13

1. The child has the right to freedom of expression; this right includes the freedom to gather, receive and transmit information and ideas of any kind, regardless of national borders, whether orally, in written or printed form, in the form of art, or using other media of his or her choice.

2. The exercise of this right may be subject to certain restrictions, but only those provided for by law and that are necessary:

a. for respecting the rights or good name of others; or

b. to protect national security or public order, public health or morals.

Article 14

1. States Parties respect the child's right to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and obligations of parents and, where applicable, legal guardians, to direct the child in the exercise of his or her right in a manner compatible with the child's evolving abilities.

3. Everyone's freedom to express their religion or belief can only be restricted to the extent required by law and necessary to protect public safety, public order, public 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 freedom of peaceful assembly.

2. The exercise of these rights cannot be subject to any restrictions other than those imposed in accordance with the law and which are required in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.

Article 16

1. No child shall be subject to arbitrary or unlawful interference with his or her private life, family life, home or correspondence, or to any unlawful damage to his or her honor and reputation.

2. The child has the right to be protected by law against such interference or interference.

Article 17

States Parties recognize the important function of the mass media and ensure that the child has access to information and material from a variety of national and international sources, in particular information and materials aimed at promoting his or her social, psychological 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 that is of social and cultural benefit to the child and that is consistent with the scope of article 29;

b) Encourage international cooperation in the production, exchange and dissemination of such information and material from a variety of cultural, national and international sources;

c. to encourage the production and distribution of children's books;

d. to encourage the mass media to take particular account of the language needs of the child who is a minority or native population;

e. to encourage the development of appropriate guidelines for protecting the child from information and material that is harmful to his or her well-being, subject to the provisions of articles 13 and 18.

Article 18

1. States Parties shall do everything in their power to ensure recognition of the principle that both parents bear joint responsibility for the upbringing and development of the child. Parents or legal guardians, as the case may be, have primary responsibility for the child's education and development. The child's best interest is their first concern.

2. In order to ensure and promote the application of the rights set out in this Convention, States Parties shall provide appropriate assistance to parents and legal guardians in exercising their child-rearing responsibilities and shall ensure the development of child care institutions, facilities and services.

3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to use childcare services and facilities for which they are eligible.

Article 19

1. States Parties shall take all appropriate legal, administrative and social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, physical or mental neglect or negligent treatment, abuse or exploitation, including sexual abuse, while the child is in the care of the parent (s), legal guardian (s) or anyone else caring for the child.

2. These protection measures should include, where appropriate, effective procedures for the introduction of social programmes to provide the necessary support for the child and those caring for the child, as well as procedures for other forms of prevention and detection, reporting, referral, investigation, treatment and follow-up of cases of child abuse as described above, and, where applicable, for recourse to courts.

Article 20

1. A child who temporarily or permanently misses living in the family to which they belong, or who cannot be allowed to stay in the family in his or her own interests, is entitled to special protection and assistance from the state.

2. States Parties shall ensure, in accordance with their national law, another form of care for that child.

3. This care may include, among other things, placement in foster care, kafalah under Islamic law, adoption, or, if necessary, placement in appropriate childcare facilities. When considering solutions, appropriate account shall be taken of the desirability of continuity in the child's education and the child's ethnic, religious and cultural background, as well as his or her language background.

Article 21

States parties that recognize and/or allow the method of adoption shall ensure that the best interests of the child are the primary consideration and:

a. ensure that the adoption of a child is permitted only if competent authorities, in accordance with applicable laws and procedures and on the basis of all relevant and reliable information, determine that the adoption can be authorized in view of the child's relationships with his or her parents, family members and legal guardians, and if required, those involved, after being fully informed, have agreed to do so;

b. recognize that intercountry adoption can be considered as another solution for caring for the child if the child cannot be placed in a foster or adoptive family and cannot be cared for in any other appropriate way in his or her country of origin;

c. ensure that the child involved in an intercountry adoption has guarantees and standards that are equivalent to those that exist when adopted in the home country;

d. take all appropriate measures to ensure that, in the event of intercountry adoption, the placement does not result in improper financial benefit for those involved;

e) promote, as appropriate, the achievement of the purposes of this article by entering into bilateral or multilateral arrangements or agreements and shall endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or institutions.

Article 22

1. States Parties shall take appropriate measures to ensure that a child who wishes to obtain refugee status or who is considered a refugee in accordance with applicable international or national law and procedures, whether accompanied by his or her parents or someone else, receives appropriate protection and humanitarian assistance in enjoying the applicable rights described in this Convention and in other international human rights or humanitarian acts. acts to which the said States are parties.

2. To this end, States Parties shall cooperate, as they deem appropriate, in all efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to protect and assist that child and to track down the parents or other family members of a child who is a refugee in order to obtain the necessary information for the reunification of the child with the family to which he belongs. In cases where no parents or other family members can be found, the child shall be granted the same protection as any other child who, for any reason, permanently or temporarily, is deprived of family life, as described in this Convention.

Article 23

1. States Parties recognize that a mentally or physically handicapped child should have a full and decent life, in conditions that ensure the child's dignity, promote independence and facilitate active participation in community life.

2. States Parties recognize the disabled child's right to special care and shall encourage and ensure that the eligible child and those responsible for his or her care receive, subject to available resources, assistance that has been requested and that is appropriate to the child's condition and the circumstances of the parents or others caring for the child.

3. Recognizing the special needs of the disabled child, the assistance provided in accordance with paragraph 2 should, whenever possible, be provided free of charge, taking into account the financial resources of the parents or others caring for the child. This assistance should aim to ensure that the disabled child has effective access to education, training, health and rehabilitation facilities, vocational preparation, and recreational opportunities, in a way that helps the child achieve the fullest possible integration into society and personal development, including cultural and intellectual 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 medical and psychological treatment of, and treatment of, functional disorders in disabled children, including dissemination of and access to information concerning rehabilitation methods, education and vocational training, with a view to enabling States Parties to improve their abilities and skills and to enhance their experience in these areas expand. In this regard, the needs of developing countries are particularly taken into account.

Article 24

1. States Parties recognize the child's right to enjoy the fullest possible degree of health and to receive facilities for the treatment of illness and recovery of health. States Parties shall endeavour to ensure that no child is deprived of his or her right to access these health care facilities.

2. States Parties shall pursue the full implementation of this right and shall take appropriate measures, in particular:

a. to reduce infant and child mortality;

b. to ensure the provision of necessary medical assistance and health care to all children, with a focus on the development of primary health care;

c. to combat disease, malnutrition and malnutrition, including within the framework of primary health care, including by applying readily available technology and by providing food with sufficient nutritional value and clean drinking water, taking into account the dangers and risks of environmental pollution;

d. to ensure appropriate pre- and post-natal health care for mothers;

e. to ensure that all sections of society, especially parents and children, are informed about, have access to education about, and are supported in the use of fundamental knowledge of children's health and nutrition, the benefits of breastfeeding, hygiene and sanitation and accident prevention;

f. to develop preventive health care, parental guidance, and family planning facilities and information.

3. States Parties shall take all effective and appropriate measures to abolish traditional practices that are harmful to children's health.

4. States Parties undertake to promote and encourage international cooperation with a view to progressively achieving the full implementation of the law recognized in this article. In this regard, the needs of developing countries are particularly taken into account.

Article 25

States Parties recognize the right of a child who has been removed from home by the competent authorities for the care, protection or treatment of his or her physical or mental health, to have a periodic review of the treatment that the child is receiving and any other circumstances related to his or her placement.

Article 26

1. States Parties recognize the right for every child to receive the benefits of social security benefits, 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 be provided, where applicable, taking into account the means and circumstances of the child and the persons responsible for his or her maintenance, as well as any other consideration relevant to assessing a request 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, intellectual, moral and social development.

2. The parent (s) or others responsible for the child have the primary responsibility for ensuring, in their ability and within the limits of their financial means, the living conditions necessary for the child's development.

3. States Parties shall take appropriate measures, in accordance with national circumstances and resources at their disposal, to help parents and others responsible for the child to achieve this right and shall, if necessary, provide programmes of material assistance and support, in particular with regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to ensure recovery of child maintenance benefits by parents or other persons bearing financial responsibility for the child, both within the State Party and from abroad. In particular, for cases where the person bearing financial responsibility for the child lives in a State other than that of the child, States Parties shall promote 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 child's right to education and, in order to achieve this right progressively and on the basis of equal opportunities, they undertake in particular:

a. to make primary education mandatory and available free of charge to everyone;

b. to encourage the development of various forms of secondary education, including general education and vocational education, making these forms available and accessible to every child, and taking appropriate measures such as introducing free education and providing financial assistance when necessary;

c. making higher education accessible to everyone according to their abilities by all appropriate means;

d. to make information and guidance on educational and vocational choices available and accessible to all children;

e. to take measures to promote regular school attendance and to reduce the number of children leaving school early.

2. States Parties shall take all appropriate measures to ensure that the method of maintaining discipline in schools is compatible with the human dignity of the child and is consistent with this Convention.

3. States Parties shall promote and promote international cooperation in matters related to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and increasing the accessibility of scientific and technical knowledge and modern teaching methods. In this regard, particular account is taken of the needs of developing countries.

Article 29

1. States Parties agree that child education should focus on:

a. the fullest possible development of the child's personality, talents and mental and physical abilities;

b. teaching respect for human rights and fundamental freedoms, and for the principles enshrined in the United Nations Charter;

c. teaching respect for the child's parents, for his or her own cultural identity, language and values, for the national values of the child's country of residence, country of birth, and civilizations other than his or hers;

d. preparing the child for a responsible life in a free society, in the spirit of understanding, peace, tolerance, gender equality, and friendship among all peoples, ethnic, national and religious groups and individuals belonging to the original population;

e. teaching respect for the natural environment.

2. No part of this article or article 28 shall be interpreted as affecting the freedom of individuals and legal persons to establish and manage educational institutions, always in accordance with the principles set out in paragraph 1 of this article and the requirement that the education provided to such institutions meets the minimum standards established by the State.

Article 30

In those States where ethnic or religious minorities, linguistic minorities, or persons belonging to the indigenous population are present, the child who belongs to them is not denied the right to experience his or her culture, to profess and live in his or her own religion, or to use his or her own language with other members of his or her group.

Article 31

1. States Parties recognize the child's right to rest and leisure, to participate in games and recreational activities appropriate to the child's age, and to participate freely in cultural and artistic life.

2. States Parties shall respect the right of the child to fully participate in cultural and artistic life and promote the realization of this right, and shall encourage the provision of appropriate and equal opportunities for all cultural, artistic and recreational activities and leisure activities.

Article 32

1. States Parties recognize the right of the child to be protected from economic exploitation and from engaging in work that is likely to be dangerous or interfere with the child's education or harm the child's health or physical, mental, intellectual, moral or social development.

2. States Parties shall take legal, administrative, social and educational measures to ensure the application of this article. To this end, and taking into account the relevant provisions of other international acts, States Parties undertake in particular:

a. to prescribe a minimum age or minimum ages for admission to gainful employment;

b. to provide rules for an appropriate regulation of working hours and working conditions;

c. to prescribe appropriate penalties or other measures to ensure the actual implementation of this article.

Article 33

States Parties shall take all appropriate measures, including legal, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international conventions and to prevent the use of children in the illicit production and trafficking of such drugs and substances.

Article 34

States Parties undertake to protect the child against all forms of sexual exploitation and abuse. To this end, States Parties shall, in particular, take all appropriate national, bilateral and multilateral measures to prevent:

a. a child is urged or coerced into engaging in unlawful sexual activity;

b. children are exploited in prostitution or other unlawful sexual practices;

c. children are exploited in pornographic shows and pornographic material.

Article 35

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction, sale or trafficking of children for any purpose or form.

Article 36

States Parties shall protect the child from all other forms of exploitation that are harmful to any aspect of the child's well-being.

Article 37

States Parties shall ensure that:

a. no child is subject to torture or other cruel, inhuman or degrading treatment or punishment. Neither death penalty nor life imprisonment without the possibility of release is imposed for offences committed by persons under the age of eighteen;

b. no child is unlawfully or arbitrarily deprived of his or her liberty. The arrest, detention or detention of a child is carried out in accordance with the law and is only used as a last resort and for the shortest appropriate period;

c. every child deprived of liberty shall be treated with humanity and respect for the dignity inherent to the human person, and in such a way that the needs of a person of his or her age are taken into account. In particular, any child who has been deprived of liberty shall be separated from adults unless it is deemed in the child's best interests not to do so, and each child shall have the right to maintain contact with his or her family through correspondence and visits, except in exceptional circumstances;

d. any child deprived of liberty has the right to promptly obtain legal and other appropriate assistance, as well as the right to challenge the legality of his deprivation of liberty before a judge or other competent, independent and impartial authority, and to a prompt decision on that appeal.

Article 38

1. States Parties undertake to respect and ensure respect for rules of international humanitarian law that apply to them during armed conflicts that relate to children.

2. States Parties shall take all enforceable measures to ensure that persons under 15 years of age do not participate directly in hostilities.

3. States Parties shall refrain from incorporating or recruiting persons under 15 years of age into their armed forces. In incorporating or recruiting persons who have attained the age of fifteen but not the age of eighteen, States Parties shall endeavor to give priority to those who are the oldest.

4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflict, States Parties shall take all feasible measures to ensure the protection and care of children affected by armed conflict.

Article 39

States Parties shall take all appropriate measures to promote the physical and mental recovery and social reintegration of a child who is a victim of: any form of neglect, exploitation or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflict. This recovery and reintegration take place in an environment that is conducive to the child's health, self-esteem and dignity.

Article 40

1. States Parties recognize the right of any child suspected, prosecuted or convicted of committing a criminal offence to a method of treatment that does not affect the child's sense of dignity and self-esteem, increases the child's respect for human rights and the fundamental freedoms of others, and takes into account the child's age and the desirability of promoting the reintegration of the child and of the child's acceptance of a constructive role in society.

2. To this end, and subject to the relevant provisions of international acts, States Parties shall ensure in particular that:

a. no child is suspected, prosecuted or convicted of committing an offence for any act or omission that was not prohibited by national or international law at the time of the act or omission;

b. any child suspected of or prosecuted for committing a criminal offence has at least the following guarantees:

(i) that it is presumed innocent until proven guilty by law;

(ii) that it be notified promptly and directly of the allegations made against him or her, if applicable through his or her parents or legal guardian, and that it receives legal or other appropriate assistance in preparing and defending his or her;

(iii) that the matter is decided without delay by a competent, independent and impartial authority or court in a fair hearing in accordance with the law, in the presence of legal or otherwise expert counsel or woman, and, unless deemed not in the child's best interest, in particular in view of his or her age or circumstances, in the presence of his or her parents or legal guardians;

(iv) that it is not forced to testify or plead guilty; that it can interrogate or interrogate witnesses à charge and that it can allow witnesses to participate and interrogate on equal terms;

(v) if it is found guilty of committing an offence, that this judgment and any action imposed as a result is reviewed by a higher competent, independent and impartial authority or court in accordance with the law;

(vi) that the child receives free assistance from an interpreter if they do not understand or speak the language used;

(vii) that his or her private life is fully respected at all stages of the process.

3. States Parties shall endeavour to promote the establishment of laws, procedures, authorities and institutions specifically intended for children suspected of, prosecuted or convicted of committing a criminal offence, and, in particular:

a. the establishment of a minimum age below which children are considered incapable of committing a criminal offence;

b. the introduction, when appropriate and desirable, of measures of conduct with regard to these children without recourse to legal action, provided that human rights and legal guarantees are fully respected.

4. A variety of arrangements, such as court orders for care, guidance and supervision; counseling; juvenile probation; foster care; educational and vocational training programs and other alternatives for institutional care, should be available to ensure that conduct with children does not impair their well-being and is commensurate with both their circumstances and the offence.

Article 41

Nothing in this Convention affects provisions that contribute more to the realization of the rights of the child and are contained in:

a. the law of a State Party; or

b. the international law in force in that State.

PART II

Article 42

States Parties undertake to make the principles and provisions of this Convention widely known to adults and children alike in an appropriate and effective manner.

Article 43

1. In order to assess the progress made by States parties in fulfilling the obligations entered into in this Convention, a Committee on the Rights of the Child is established, which shall exercise the functions specified below.

2. The Committee consists of eighteen 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 act in their personal capacity, paying attention to a proportionate geographical distribution as well as to the representation of the principal legal systems.

3. The members of the Committee are elected by secret ballot from a list of persons nominated by States parties. Each State Party may nominate one person who is a national of that State.

4. The first election of the Committee shall be held no later than six months after the date of entry into force of this Convention and every two years thereafter. At least four months before the date of an election, the Secretary-General of the United Nations shall send a written request to States parties to submit their nominations within two months. The Secretary-General shall then draw up an alphabetical list of all persons so nominated, identifying the States parties that nominated them, and shall submit it to the States parties to this Convention.

5. The elections shall be held at meetings of the States parties held by the Secretary-General at the headquarters of the United Nations. At those meetings, for which two-thirds of the States parties form a quorum, those elected to the Committee are those nominees who gather the largest number of votes per se and an absolute majority of the votes of the representatives of the States parties present and who cast their votes.

6. The members of the Committee are elected for a term of four years. They can be re-elected if nominated again. The terms of office of five of the members elected in the first election shall expire after two years; immediately after the first election, these five members shall be chosen by lot by the Chairman of the Assembly.

7. If a member of the Committee dies or resigns or declares for any other reason that it is no longer able to perform the functions of the Committee, the State party that nominated the member shall appoint another expert who is a national of that State to perform the duties for the remainder of the term of office, subject to the approval of the Committee.

8. The Committee shall adopt its own rules of procedure.

9. The Committee shall elect its officers for a term of office of two years.

10. The meetings of the Committee are usually held at the headquarters of the United Nations or at any other appropriate place as determined by the Committee. As a rule, the Committee meets once a year. The duration of the meetings of the Committee shall be determined and, if necessary, revised by a meeting of the States Parties to this Convention, subject to the approval of the General Assembly.

11. The Secretary-General of the United Nations shall provide the staff and facilities necessary for the effective exercise of the functions of the Committee under this Convention.

12. With the approval of the General Assembly, the members of the Committee established under this Convention shall receive emoluments from United Nations resources under conditions to be determined by the General Assembly.

Article 44

1. The States Parties undertake to report to the Committee, through the Secretary-General of the United Nations, on the measures they have taken to implement the rights recognized in this Convention and on the progress made in enjoying those rights:

a) within two years of the entry into force of the Convention for the State Party concerned;

b. every five years thereafter.

2. The reports prepared under this article shall specify the factors and any difficulties that affect the performance of the obligations under this Convention. The reports also contain sufficient data to provide the Committee with a good understanding of the application of the Convention in the country concerned.

3. A State Party that has submitted a detailed initial report to the Committee need not repeat basic information previously provided in the subsequent reports submitted by that State in accordance with paragraph 1 (b).

4. The Committee may request States Parties for further information related to the application of the Convention.

5. The Committee submits to the General Assembly, through the Economic and Social Council, reports on its activities every two years.

6. States Parties shall ensure that their reports are generally available in their country.

Article 45

In order to promote the effective application of the Convention and to encourage international cooperation in the area covered by the Convention:

(a) The specialized agencies, the United Nations Children's Fund and other organs of the United Nations have the right to be represented in consultations on the application of those provisions of this Convention that fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent institutions as it deems appropriate to provide expert advice on the application 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 bodies to submit reports on the application of the Convention in areas in which they operate;

b) The Committee shall, as it deems appropriate, forward to the specialized agencies, the United Nations Children's Fund and other competent institutions, any reports from States Parties that contain a request for, or demonstrate a need for, technical advice or technical support, together with any comments and suggestions made by the Committee regarding such requests or needs;

c. the Committee may recommend to the General Assembly to request the Secretary-General to conduct studies on behalf of the Committee on specific issues related to the rights of the child;

d) The Committee may make suggestions and general recommendations based on information received under articles 44 and 45 of this Convention. These suggestions and general recommendations shall be forwarded to each State Party concerned and communicated to the General Assembly, together with any comments from States Parties.

PART III

Article 46

This Convention is open for signature by all States.

Article 47

This Convention should be ratified. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 48

This Convention remains open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 49

1. This 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 any State that ratifies or accedes to this Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after that State's deposit of its instrument of ratification or accession.

Article 50

1. Any State Party may propose an amendment and submit it to the Secretary-General of the United Nations. The Secretary-General shall then communicate the proposed amendment to States Parties, asking him whether they require a conference of States Parties to consider and vote on the proposals. If, within four months of the date of this communication, at least one third of the States Parties request such a conference, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present at the conference and voting shall be submitted to the General Assembly for approval.

2. An amendment adopted in accordance with paragraph 1 of this article shall enter into force when approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties.

3. When an amendment enters into force, it shall be binding on the States Parties that have accepted it, while the other States Parties shall remain bound by the provisions of this Convention and by any previous amendment they have accepted.

Article 51

1. The Secretary-General of the United Nations receives the texts of the reservations made by the States at the time of ratification or accession and distributes them to all States.

2. A reservation that is incompatible with the purpose and scope of this Convention is not allowed.

3. A reservation may be revoked at any time by a notice to that effect addressed to the Secretary-General of the United Nations, who shall subsequently inform all States. This notice shall take effect on the date of receipt by the Secretary-General.

Article 52

A State Party may denounce this Convention by notifying the Secretary-General of the United Nations in writing. The denunciation shall take effect one year after the date of receipt of the communication by the Secretary-General.

Article 53

The Secretary-General of the United Nations is appointed as the depositary of this Convention.

Article 54

The original copy of this 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 WHEREOF, the signatory plenipotentiaries, duly authorized to do so by their respective Governments, have signed this Convention.