Full
Text of the UN Child Rights Convention (CRC)
The Convention on the Rights of the Child was adopted and opened
for signature, ratification and accession by General Assembly
resolution 44/25 of 20 November 1989. It entered into force 2
September 1990, in accordance with article 49.
Preamble
The States Parties to the present Convention,
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and
peace in the world,
Bearing in mind that the peoples of the United Nations have,
in the Charter, reaffirmed their faith in fundamental human rights
and in the dignity and worth of the human person and have determined
to promote social progress and better standards of life in larger
freedom,
Recognizing that the United Nations has, in the Universal Declaration
of Human Rights and in the International Covenants on Human Rights,
proclaimed and agreed that everyone is entitled to all the rights
and freedoms set forth therein, without distinction of any kind,
such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status,
Recalling that, in the Universal Declaration of Human Rights,
the United Nations has proclaimed that childhood is entitled to
special care and assistance,
Convinced that the family, as the fundamental group of society
and the natural environment for the growth and well-being of all
its members and particularly children, should be afforded the
necessary protection and assistance so that it can fully assume
its responsibilities within the community,
Recognizing that the child, for the full and harmonious development
of his or her personality, should grow up in a family environment,
in an atmosphere of happiness, love and understanding,
Considering that the child should be fully prepared to live an
individual life in society and brought up in the spirit of the
ideals proclaimed in the Charter of the United Nations and in
particular in the spirit of peace, dignity, tolerance, freedom,
equality and solidarity,
Bearing in mind that the need to extend particular care to the
child has been stated in the Geneva Declaration of the Rights
of the Child of 1924 and in the Declaration of the Rights of the
Child adopted by the General Assembly on 20 November 1959 and
recognized in the Universal Declaration of Human Rights, in the
International Covenant on Civil and Political Rights (in particular
in articles 23 and 24), in the International Covenant on Economic,
Social and Cultural Rights (in particular in article 10) and in
the statutes and relevant instruments of specialized agencies
and international organizations concerned with the welfare of
children, '
Bearing in mind that, as indicated in the Declaration of the
Rights of the Child, "the child, by reason of his physical
and mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth",
Recalling the provisions of the Declaration on Social and Legal
Principles relating to the Protection and Welfare of Children,
with Special Reference to Foster Placement and Adoption Nationally
and Internationally; the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (The Beijing Rules)
; and the Declaration on the Protection of Women and Children
in Emergency and Armed Conflict,
Recognizing that, in all countries in the world, there are children
living in exceptionally difficult conditions and that such children
need special consideration,
Taking due account of the importance of the traditions and cultural
values of each people for the protection and harmonious development
of the child,
Recognizing the importance of international co-operation for
improving the living conditions of children in every country,
in particular in the developing countries,
Have agreed as follows:
Convention on the Rights of the Child
(CRC) : PART I
Article 1
For the purposes of the present Convention, a child means every
human being below the age of eighteen years unless under the law
applicable to the child, majority is attained earlier.
Article 2
1.
States Parties shall respect and ensure the rights set forth in
the present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child's or his or
her parent's or legal guardian's race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.
2. States Parties shall take
all appropriate measures to ensure that the child is protected
against all forms of discrimination or punishment on the basis
of the status, activities, expressed opinions, or beliefs of the
child's parents, legal guardians, or family members.
Article 3
1. In all actions concerning
children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consideration.
2. States Parties undertake
to ensure the child such protection and care as is necessary for
his or her well being, taking into account the rights and duties
of his or her parents, legal guardians, or other individuals legally
responsible for him or her, and, to this end, shall take all appropriate
legislative and administrative measures.
3. States Parties shall ensure
that the institutions, services and facilities responsible for
the care or protection of children shall conform with the standards
established by competent authorities, particularly in the areas
of safety, health, in the number and suitability of their staff,
as well as competent supervision.
Article 4
States Parties shall undertake all appropriate legislative, administrative
and other measures for the implementation of the rights recognized
in the present Convention. With regard to economic, social and cultural
rights, States Parties shall undertake such measures to the maximum
extent of their available resources and, where needed, within the
framework of international co-operation.
Article 5
States Parties shall respect the responsibilities, rights and
duties of parents or, where applicable, the members of the extended
family or community as provided for by local custom, legal guardians
or other persons legally responsible for the child, to provide,
in a manner consistent with the evolving capacities of the child,
appropriate direction and guidance in the exercise by the child
of the rights recognized in the present Convention.
Article 6
1. States Parties recognize
that every child has the inherent right to life.
2. States Parties shall ensure
to the maximum extent possible the survival and development of
the child.
Article 7
1. The child shall be registered
immediately after birth and shall have the right from birth to
a name, the right to acquire a nationality and. as far as possible,
the right to know and be cared for by his or her parents.
2. States Parties shall ensure
the implementation of these rights in accordance with their national
law and their obligations under the relevant international instruments
in this field, in particular where the child would otherwise be
stateless.
Article 8
1.
States Parties undertake to respect the right of the child to preserve
his or her identity, including nationality, name and family relations
as recognized by law without unlawful interference.
2. Where a child is illegally
deprived of some or all of the elements of his or her identity,
States Parties shall provide appropriate assistance and protection,
with a view to re-establishing speedily his or her identity.
Article 9
1. States Parties shall ensure
that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial
review determine, in accordance with applicable law and procedures,
that such separation is necessary for the best interests of the
child. Such determination may be necessary in a particular case
such as one involving abuse or neglect of the child by the parents,
or one where the parents are living separately and a decision
must be made as to the child's place of residence.
2. In any proceedings pursuant
to paragraph 1 of the present article, all interested parties
shall be given an opportunity to participate in the proceedings
and make their views known.
3. States Parties shall respect
the right of the child who is separated from one or both parents
to maintain personal relations and direct contact with both parents
on a regular basis, except if it is contrary to the child's best
interests. 4. Where such separation results from any action initiated
by a State Party, such as the detention, imprisonment, exile,
deportation or death (including death arising from any cause while
the person is in the custody of the State) of one or both parents
or of the child, that State Party shall, upon request, provide
the parents, the child or, if appropriate, another member of the
family with the essential information concerning the whereabouts
of the absent member(s) of the family unless the provision of
the information would be detrimental to the well-being of the
child. States Parties shall further ensure that the submission
of such a request shall of itself entail no adverse consequences
for the person(s) concerned.
Article 10
1.
In accordance with the obligation of States Parties under article
9, paragraph 1, applications by a child or his or her parents to
enter or leave a State Party for the purpose of family reunification
shall be dealt with by States Parties in a positive, humane and
expeditious manner. States Parties shall further ensure that the
submission of such a request shall entail no adverse consequences
for the applicants and for the members of their family.
2. A child whose parents
reside in different States shall have the right to maintain on
a regular basis, save in exceptional circumstances personal relations
and direct contacts with both parents. Towards that end and in
accordance with the obligation of States Parties under article
9, paragraph 1, States Parties shall respect the right of the
child and his or her parents to leave any country, including their
own and to enter their own country. The right to leave any country
shall be subject only to such restrictions as are prescribed by
law and which are necessary to protect the national security,
public order (order public), public health or morals or the rights
and freedoms of others and are consistent with the other rights
recognized in the present Convention.
Article 11
1. States Parties shall take
measures to combat the illicit transfer and non-return of children
abroad.
2. To this end, States Parties
shall promote the conclusion of bilateral or multilateral agreements
or accession to existing agreements.
Article 12
1. States Parties shall assure
to the child who is capable of forming his or her own views the
right to express those views freely in all matters affecting the
child, the views of the child being given due weight in accordance
with the age and maturity of the child.
2.For this purpose, the child
shall in particular be provided the opportunity to be heard in
any judicial and administrative proceedings affecting the child,
either directly, or through a representative or an appropriate
body, in a manner consistent with the procedural rules of national
law.
Article 13
1.
The child shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of the
child's choice.
2. The exercise of this right
may be subject to certain restrictions, but these shall only be
such as are provided by law and are necessary:
» For respect of
the rights or reputations of others; or
» For the protection
of national security or of public order (order public), or of
public health or morals.
Article 14
1. States Parties shall respect
the right of the child to freedom of thought, conscience and religion.
2. States Parties shall
respect the rights and duties of the parents and, when applicable,
legal guardians, to provide direction to the child in the exercise
of his or her right in a manner consistent with the evolving capacities
of the child.
3.
Freedom to manifest one's religion or beliefs may be subject only
to such limitations as are prescribed by law and are necessary
to protect public safety, order, health or morals, or the fundamental
rights and freedoms of others.
Article 15
1. States Parties recognize
the rights of the child to freedom of association and to freedom
of peaceful assembly.
2. No restrictions may be
placed on the exercise of these rights other than those imposed
in conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety,
public order (order public), the protection of public health or
morals or the protection of the rights and freedoms of others.
Article 16
1. No child shall be subjected
to arbitrary or unlawful interference with his or her privacy,
family, home or correspondence, nor to unlawful attacks on his
or her honour and reputation.
2. The child has the right
to the protection of the law against such interference or attacks.
Article 17
States Parties recognize the important function performed by the
mass media and shall ensure that the child has access to information
and material from a diversity of national and international sources,
especially those aimed at the promotion of his or her social, spiritual
and moral well-being and physical and mental health. To this end,
States Parties shall:
» Encourage the mass
media to disseminate information and material of social and
cultural benefit to the child and in accordance with the spirit
of article 29;
» Encourage international
co-operation in the production, exchange and dissemination of
such information and material from a diversity of cultural,
national and international sources;
» Encourage the production
and dissemination of children's books;
» Encourage the mass
media to have particular regard to the linguistic needs of the
child who belongs to a minority group or who is indigenous;
» Encourage the development
of appropriate guidelines for the protection of the child from
information and material injurious to his or her well-being,
bearing in mind the provisions of articles 13 and 18.
Article 18
1. States Parties shall use
their best efforts to ensure recognition of the principle that
both parents have common responsibilities for the upbringing and
development of the child. Parents or, as the case may be, legal
guardians, have the primary responsibility for the upbringing
and development of the child. The best interests of the child
will be their basic concern.
2. For the purpose of guaranteeing
and promoting the rights set forth in the present Convention,
States Parties shall render appropriate assistance to parents
and legal guardians in the performance of their child-rearing
responsibilities and shall ensure the development of institutions,
facilities and services for the care of children.
3. States Parties shall take
all appropriate measures to ensure that children of working parents
have the right to benefit from child-care services and facilities
for which they are eligible.
Article 19
1.
States Parties shall take all appropriate legislative,
administrative, social and educational measures to protect the child
from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including
sexual abuse, while in the care of parent(s), legal guardian(s)
or any other person who has the care of the child.
2. Such protective measures
should, as appropriate, include effective procedures for the establishment
of social programmes to provide necessary support for the child
and for those who have the care of the child, as well as for other
forms of prevention and for identification, reporting, referral,
investigation, treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial involvement.
Article 20
1. A child temporarily or
permanently deprived of his or her family environment, or in whose
own best interests cannot be allowed to remain in that environment,
shall be entitled to special protection and assistance provided
by the State.
2. States Parties shall
in accordance with their national laws ensure alternative care
for such a child.
3. Such care could include,
inter alia, foster placement, kafalah of Islamic law, adoption
or if necessary placement in suitable institutions for the care
of children. When considering solutions, due regard shall be paid
to the desirability of continuity in a child's upbringing and
to the child's ethnic, religious, cultural and linguistic background.
Article 21
States Parties that recognize and/or permit the system of adoption
shall ensure that the best interests of the child shall be the paramount
consideration and they shall:
» Ensure that the
adoption of a child is authorized only by competent authorities
who determine, in accordance with applicable law and procedures
and on the basis of all pertinent and reliable information,
that the adoption is permissible in view of the child's status
concerning parents, relatives and legal guardians and that,
if required, the persons concerned have given their informed
consent to the adoption on the basis of such counselling as
may be necessary;
» Recognize that inter-country
adoption may be considered as an alternative means of child's
care, if the child cannot be placed in a foster or an adoptive
family or cannot in any suitable manner be cared for in the
child's country of origin; (c) Ensure that the child concerned
by inter-country adoption enjoys safeguards and standards equivalent
to those existing in the case of national adoption;
» Take all appropriate
measures to ensure that, in inter-country adoption, the placement
does not result in improper financial gain for those involved
in it;
» Promote, where appropriate,
the objectives of the present article by concluding bilateral
or multilateral arrangements or agreements and endeavour, within
this framework, to ensure that the placement of the child in
another country is carried out by competent authorities or organs.
Article 22
1. States Parties shall take
appropriate measures to ensure that a child who is seeking refugee
status or who is considered a refugee in accordance with applicable
international or domestic law and procedures shall, whether unaccompanied
or accompanied by his or her parents or by any other person, receive
appropriate protection and humanitarian assistance in the enjoyment
of applicable rights set forth in the present Convention and in
other international human rights or humanitarian instruments to
which the said States are Parties.
2. For this purpose, States
Parties shall provide, as they consider appropriate, co-operation
in any efforts by the United Nations and other competent intergovernmental
organizations or non-governmental organizations co-operating with
the United Nations to protect and assist such a child and to trace
the parents or other members of the family of any refugee child
in order to obtain information necessary for reunification with
his or her family. In cases where no parents or other members
of the family can be found, the child shall be accorded the same
protection as any other child permanently or temporarily deprived
of his or her family environment for any reason, as set forth
in the present Convention.
Article 23
1. States Parties recognize
that a mentally or physically disabled child should enjoy a full
and decent life, in conditions, which ensure dignity, promote
self-reliance and facilitate the child's active participation
in the community.
2. States Parties recognize
the right of the disabled child to special care and shall encourage
and ensure the extension, subject to available resources, to the
eligible child and those responsible for his or her care, of assistance
for which application is made and which is appropriate to the
child's condition and to the circumstances of the parents or others
caring for the child. 3. Recognizing the special needs of a disabled
child, assistance extended in accordance with paragraph 2 of the
present article shall be provided free of charge, whenever possible,
taking into account the financial resources of the parents or
others caring for the child and shall be designed to ensure that
the disabled child has effective access to and receives education,
training, health care services, rehabilitation services, preparation
for employment and recreation opportunities in a manner conducive
to the child's achieving the fullest possible social integration
and individual development, including his or her cultural and
spiritual development
3. States Parties shall promote,
in the spirit of international cooperation, the exchange of appropriate
information in the field of preventive health care and of medical,
psychological and functional treatment of disabled children, including
dissemination of and access to information concerning methods
of rehabilitation, education and vocational services, with the
aim of enabling States Parties to improve their capabilities and
skills and to widen their experience in these areas. In this regard,
particular account shall be taken of the needs of developing countries.
Article 24
1.
States Parties recognize the right of the child to the enjoyment
of the highest attainable standard of health and to facilities for
the treatment of illness and rehabilitation of health. States Parties
shall strive to ensure that no child is deprived of his or her right
of access to such health care services.
2. States Parties shall pursue
full implementation of this right and, in particular, shall take
appropriate measures:
» To diminish infant
and child mortality;
» To ensure the provision
of necessary medical assistance and health care to all children
with emphasis on the development of primary health care;
» To combat disease
and malnutrition, including within the framework of primary
health care, through, inter alia, the application of readily
available technology and through the provision of adequate nutritious
foods and clean drinking-water, taking into consideration the
dangers and risks of environmental pollution;
» To ensure appropriate
pre-natal and post-natal health care for mothers;
» To ensure that all
segments of society, in particular parents and children, are
informed, have access to education and are supported in the
use of basic knowledge of child health and nutrition, the advantages
of breastfeeding, hygiene and environmental sanitation and the
prevention of accidents;
» To develop preventive
health care, guidance for parents and family planning education
and services.
» States Parties shall
take all effective and appropriate measures with a view to abolishing
traditional practices prejudicial to the health of children.
3. States Parties undertake
to promote and encourage international co-operation with a view
to achieving progressively the full realization of the right recognized
in the present article. In this regard, particular account shall
be taken of the needs of developing countries.
Article 25
States Parties recognize the right of a child who has been placed
by the competent authorities for the purposes of care, protection
or treatment of his or her physical or mental health, to a periodic
review of the treatment provided to the child and all other circumstances
relevant to his or her placement.
Article 26
1.
States Parties shall recognize for every child the right
to benefit from social security, including social insurance and
shall take the necessary measures to achieve the full realization
of this right in accordance with their national law.
2. The benefits should, where
appropriate, be granted, taking into account the resources and
the circumstances of the child and persons having responsibility
for the maintenance of the child, as well as any other consideration
relevant to an application for benefits made by or on behalf of
the child.
Article 27
1. States Parties recognize
the right of every child to a standard of living adequate for
the child's physical, mental, spiritual, moral and social development.
2. The parent(s) or others
responsible for the child have the primary responsibility to secure,
within their abilities and financial capacities, the conditions
of living necessary for the child's development.
3. States Parties, in accordance
with national conditions and within their means, shall take appropriate
measures to assist parents and others responsible for the child
to implement this right and shall in case of need provide material
assistance and support programmes, particularly with regard to
nutrition, clothing and housing.
4. States Parties shall
take all appropriate measures to secure the recovery of maintenance
for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and
from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that
of the child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the
making of other appropriate arrangements.
Article 28
1.
States Parties recognize the right of the child to education and
with a view to achieving this right progressively and on the basis
of equal opportunity, they shall, in particular:
» Make primary education
compulsory and available free to all;
» Encourage the development
of different forms of secondary education, including general
and vocational education, make them available and accessible
to every child and take appropriate measures such as the introduction
of free education and offering financial assistance in case
of need;
» Make higher education
accessible to all on the basis of capacity by every appropriate
means;
» Make educational
and vocational information and guidance available and accessible
to all children;
» Take measures to
encourage regular attendance at schools and the reduction of
drop-out rates.
2. States Parties shall take
all appropriate measures to ensure that school discipline is administered
in a manner consistent with the child's human dignity and in conformity
with the present Convention.
3. States Parties shall promote
and encourage international cooperation in matters relating to
education, in particular with a view to contributing to the elimination
of ignorance and illiteracy throughout the world and facilitating
access to scientific and technical knowledge and modern teaching
methods. In this regard, particular account shall be taken of
the needs of developing countries.
Article 29
1. States Parties agree that
the education of the child shall be directed to:
» The development
of the child's personality, talents and mental and physical
abilities to their fullest potential;
» The development
of respect for human rights and fundamental freedoms, and for
the principles enshrined in the Charter of the United Nations;
» The development
of respect for the child's parents, his or her own cultural
identity, language and values, for the national values of the
country in which the child is living, the country from which
he or she may originate, and for civilizations different from
his or her own;
» The preparation
of the child for responsible life in a free society, in the
spirit of understanding, peace, tolerance, equality of sexes,
and friendship among all peoples, ethnic, national and religious
groups and persons of indigenous origin;
» The development
of respect for the natural environment.
2. No part of the present
article or article 28 shall be construed so as to interfere with
the liberty of individuals and bodies to establish and direct
educational institutions, subject always to the observance of
the principle set forth in paragraph 1 of the present article
and to the requirements that the education given in such institutions
shall conform to such minimum standards as may be laid down by
the State.
Article 30
In those States in which ethnic, religious or linguistic minorities
or persons of indigenous origin exist, a child belonging to such
a minority or who is indigenous shall not be denied the right, in
community with other members of his or her group, to enjoy his or
her own culture, to profess and practise his or her own religion,
or to use his or her own language.
Article 31
1. States Parties recognize
the right of the child to rest and leisure, to engage in play
and recreational activities appropriate to the age of the child
and to participate freely in cultural life and the arts.
2. States Parties shall respect
and promote the right of the child to participate fully in cultural
and artistic life and shall encourage the provision of appropriate
and equal opportunities for cultural, artistic, recreational and
leisure activity.
Article 32
1. States Parties recognize
the right of the child to be protected from economic exploitation
and from performing any work that is likely to be hazardous or
to interfere with the child's education, or to be harmful to the
child's health or physical, mental, spiritual, moral or social
development.
2. States Parties shall take
legislative, administrative, social and educational measures to
ensure the implementation of the present article. To this end
and having regard to the relevant provisions of other international
instruments, States Parties shall in particular:
» Provide for a minimum
age or minimum ages for admission to employment;
» Provide for appropriate
regulation of the hours and conditions of employment;
» Provide for appropriate
penalties or other sanctions to ensure the effective enforcement
of the present article.
Article 33
States Parties shall take all appropriate measures, including
legislative, administrative, social and educational measures,
to protect children from the illicit use of narcotic drugs and
psychotropic substances as defined in the relevant international
treaties and to prevent the use of children in the illicit production
and trafficking of such substances.
Article 34
States Parties undertake to protect the child from all forms of
sexual exploitation and sexual abuse. For these purposes, States
Parties shall in particular take all appropriate national, bilateral
and multilateral measures to prevent:
» The inducement
or coercion of a child to engage in any unlawful sexual activity;
» The exploitative
use of children in prostitution or other unlawful sexual practices;
» The exploitative
use of children in pornographic performances and materials.
Article 35
States Parties shall take all appropriate national, bilateral
and multilateral measures to prevent the abduction of, the sale
of or traffic in children for any purpose or in any form.
Article 36
States Parties shall protect the child against all other forms
of exploitation prejudicial to any aspects of the child's welfare.
Article 37
States Parties shall ensure that:
1. No child shall be subjected
to torture or other cruel, inhuman or degrading treatment or punishment.
Neither capital punishment nor life imprisonment without possibility
of release shall be imposed for offences committed by persons
below eighteen years of age;
2. No child shall be deprived
of his or her liberty unlawfully or arbitrarily. The arrest, detention
or imprisonment of a child shall be in conformity with the law
and shall be used only as a measure of last resort and for the
shortest appropriate period of time;
3. Every child deprived
of liberty shall be treated with humanity and respect for the
inherent dignity of the human person and in a manner, which takes
into account the needs of persons of his or her age. In particular,
every child deprived of liberty shall be separated from adults
unless it is considered in the child's best interest not to do
so and shall have the right to maintain contact with his or her
family through correspondence and visits, save in exceptional
circumstances;
4. Every child deprived of
his or her liberty shall have the right to prompt access to legal
and other appropriate assistance, as well as the right to challenge
the legality of the deprivation of his or her liberty before a
court or other competent, independent and impartial authority
and to a prompt decision on any such action.
Article 38
1.
States Parties undertake to respect and to ensure respect
for rules of international humanitarian law applicable to them in
armed conflicts, which are relevant to the child.
2. States Parties shall take
all feasible measures to ensure that persons who have not attained
the age of fifteen years do not take a direct part in hostilities.
3. States Parties shall refrain
from recruiting any person who has not attained the age of fifteen
years into their armed forces. In recruiting among those persons
who have attained the age of fifteen years but who have not attained
the age of eighteen years, States Parties shall endeavour to give
priority to those who are oldest.
4. In accordance with their
obligations under international humanitarian law to protect the
civilian population in armed conflicts, States Parties shall take
all feasible measures to ensure protection and care of children
who are affected by an armed conflict.
Article 39
States Parties shall take all appropriate measures to promote
physical and psychological recovery and social reintegration of
a child victim of: any form of neglect, exploitation, or abuse;
torture or any other form of cruel, inhuman or degrading treatment
or punishment; or armed conflicts. Such recovery and reintegration
shall take place in an environment, which fosters the health,
self-respect and dignity of the child.
Article 40
1.
States Parties recognize the right of every child alleged as, accused
of, or recognized as having infringed the penal law to be treated
in a manner consistent with the promotion of the child's sense of
dignity and worth, which reinforces the child's respect for the
human rights and fundamental freedoms of others and which takes
into account the child's age and the desirability of promoting the
child's reintegration and the child's assuming a constructive role
in society.
2. To this end and having
regard to the relevant provisions of international instruments,
States Parties shall, in particular, ensure that:
a) No child shall be alleged as,
be accused of, or recognized as having infringed the penal law
by reason of acts or omissions that were not prohibited by national
or international law at the time they were committed;
b) Every child alleged as or accused
of having infringed the penal law has at least the following
guarantees:
» To be presumed
innocent until proven guilty according to law;
» To be informed
promptly and directly of the charges against him or her, and,
if appropriate, through his or her parents or legal guardians
and to have legal or other appropriate assistance in the preparation
and presentation of his or her defence;
» To have the matter
determined without delay by a competent, independent and impartial
authority or judicial body in a fair hearing according to
law, in the presence of legal or other appropriate assistance
and, unless it is considered not to be in the best interest
of the child, in particular, taking into account his or her
age or situation, his or her parents or legal guardians;
» Not to be compelled
to give testimony or to confess guilt; to examine or have
examined adverse witnesses and to obtain the participation
and examination of witnesses on his or her behalf under conditions
of equality;
» If considered
to have infringed the penal law, to have this decision and
any measures imposed in consequence thereof reviewed by a
higher competent, independent and impartial authority or judicial
body according to law;
» To have the free
assistance of an interpreter if the child cannot understand
or speak the language used;
» To have his or
her privacy fully respected at all stages of the proceedings.
3. States Parties shall seek
to promote the establishment of laws, procedures, authorities
and institutions specifically applicable to children alleged as,
accused of, or recognized as having infringed the penal law, and,
in particular:
» The establishment
of a minimum age below which children shall be presumed not
to have the capacity to infringe the penal law;
» Whenever appropriate
and desirable, measures for dealing with such children without
resorting to judicial proceedings, providing that human rights
and legal safeguards are fully respected.
4. A variety of dispositions,
such as care, guidance and supervision orders; counselling; probation;
foster care; education and vocational training programmes and
other alternatives to institutional care shall be available to
ensure that children are dealt with in a manner appropriate to
their well-being and proportionate both to their circumstances
and the offence.
Article 41
Nothing in the present Convention shall affect any provisions
which are more conducive to the realization of the rights of the
child and which may be contained in:
» The law of a State
party; or
» International law
in force for that State.
CRC Part II »
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