|
Entirely
quoted
from:
Proclaimed by General
Assembly resolution
1386(XIV) of 20 November 1959
Whereas
the
peoples
of the United Nations have, in the Charter, reaffirmed their faith in
fundamental human rights and in the dignity and worth of the human
person, and have determined to promote social progress and better
standards of life in larger freedom,
Whereas
the United Nations
has, in the
Universal
Declaration of Human Rights, proclaimed that everyone is entitled to
all the rights and freedoms set forth therein, without distinction of
any kind, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other
status,
Whereas
the child, by
reason of his
physical and mental
immaturity, needs special safeguards and care, including appropriate
legal protection, before as well as after birth,
Whereas
the need for such
special
safeguards has been
stated in the Geneva Declaration of the Rights of the Child of 1924,
and recognized in the Universal Declaration of Human Rights and in the
statutes of specialized agencies and international organizations
concerned with the welfare of children,
Whereas
mankind owes to
the child the
best it has to
give,
Now therefore,
The General Assembly
Proclaims
this Declaration of the Rights
of the
Child
to the end that he may have a happy childhood and enjoy for his own
good and for the good of society the rights and freedoms herein set
forth, and calls upon parents, upon men and women as
individuals, and
upon voluntary organizations, local authorities and national
Governments to recognize these rights and strive for their observance
by legislative and other measures progressively taken in accordance
with the following principles:
Principle 1
The
child shall enjoy all the rights set forth in this
Declaration. Every child, without any exception whatsoever, shall be
entitled to these rights, without distinction or discrimination on
account of race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status,
whether of himself or of his family.
Principle 2
The
child shall enjoy special protection, and shall be given
opportunities and facilities, by law and by other means, to enable him
to develop physically, mentally, morally, spiritually and socially in a
healthy and normal manner and in conditions of freedom and dignity. In
the enactment of laws for this purpose, the best interests of the child
shall be the paramount consideration.
Principle 3
The child shall be entitled from
his birth
to a name and a
nationality.
Principle 4
The
child shall enjoy the benefits of social security. He
shall be entitled to grow and develop in health; to this end, special
care and protection shall be provided both to him and to his mother,
including adequate pre-natal and post-natal care. The child shall have
the right to adequate nutrition, housing, recreation and medical
services.
Principle 5
The
child who is physically, mentally or socially handicapped
shall be given the special treatment, education and care required by
his particular condition.
Principle 6
The
child, for the full and harmonious development of his
personality, needs love and understanding. He shall, wherever possible,
grow up in the care and under the responsibility of his parents, and,
in any case, in an atmosphere of affection and of moral and material
security; a child of tender years shall not, save in exceptional
circumstances, be separated from his mother. Society and the public
authorities shall have the duty to extend particular care to children
without a family and to those without adequate means of support.
Payment of State and other assistance towards the maintenance of
children of large families is desirable.
Principle 7
The
child is entitled to receive education, which shall be
free and compulsory, at least in the elementary stages. He shall be
given an education which will promote his general culture and enable
him, on a basis of equal opportunity, to develop his abilities, his
individual judgement, and his sense of moral and social responsibility,
and to become a useful member of society.
The
best interests of the child shall be the guiding principle
of those responsible for his education and guidance; that
responsibility lies in the first place with his parents.
The
child shall have full opportunity for play and recreation,
which should be directed to the same purposes as education; society and
the public authorities shall endeavour to promote the enjoyment of this
right.
Principle 8
The child
shall in all
circumstances be among the first to
receive protection and relief.
Principle 9
The
child shall
be protected against all forms of neglect,
cruelty and exploitation. He shall not be the subject of traffic, in
any form.
The
child shall not be admitted to employment before an
appropriate minimum age; he
shall in
no case be caused or permitted to
engage in any occupation or employment which would prejudice his health
or education, or interfere with his physical, mental or moral
development.
Principle 10
The child shall be protected from
practices
which may foster
racial, religious and any other form of discrimination. He shall be
brought up in a spirit of understanding, tolerance, friendship among
peoples, peace and universal brotherhood, and in full consciousness
that his energy and talents should be devoted to the service of his
fellow men.
![]()
©
Copyright
1997 - 2002
Office of the United
Nations High
Commissioner for Human Rights
Geneva,
Switzerland
Convention on
the Rights of the Child
Adopted
and
opened for signature, ratification and accession by General Assembly
resolution 44/25 of 20 November 1989
entry
into force
2 September
1990, in accordance with article 49
Preamble
The
States Parties to the
present Convention,
Considering
that, in
accordance with the principles proclaimed in the Charter of the United
Nations, recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation
of freedom, justice and peace in the world,
Bearing
in mind that the
peoples of the United Nations have, in the Charter, reaffirmed their
faith in fundamental human rights and in the dignity and worth of the
human person, and have determined to promote social progress and better
standards of life in larger freedom,
Recognizing
that the United
Nations has, in the Universal Declaration of Human Rights and in the
International Covenants on Human Rights, proclaimed and agreed that
everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin,
property, birth or other status,
Recalling
that, in the
Universal Declaration of Human Rights, the United Nations has
proclaimed that childhood is entitled to special care and assistance,
Convinced
that the family, as
the fundamental group of society and the natural environment for the
growth and well-being of all its members and particularly children,
should be afforded the necessary protection and assistance so that it
can fully assume its responsibilities within the community,
Recognizing
that the child,
for the full and harmonious development of his or her personality,
should grow up in a family environment, in an atmosphere of happiness,
love and understanding,
Considering
that the child
should be fully prepared to live an individual life in society, and
brought up in the spirit of the ideals proclaimed in the Charter of the
United Nations, and in particular in the spirit of peace, dignity,
tolerance, freedom, equality and solidarity,
Bearing
in mind that the need
to extend particular care to the child has been stated in the Geneva
Declaration of the Rights of the Child of 1924 and in the Declaration
of the Rights of the Child adopted by the General Assembly on 20
November 1959 and recognized in the Universal Declaration of Human
Rights, in the International Covenant on Civil and Political Rights (in
particular in articles 23 and 24), in the International Covenant on
Economic, Social and Cultural Rights (in particular in article 10) and
in the statutes and relevant instruments of specialized agencies and
international organizations concerned with the welfare of children, '
Bearing
in mind that, as
indicated in the Declaration of the Rights of the Child, "the child, by
reason of his physical and mental immaturity, needs special safeguards
and care, including appropriate legal protection, before as well as
after birth",
Recalling
the provisions of
the Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children, with Special Reference to Foster
Placement and Adoption Nationally and Internationally; the United
Nations Standard Minimum Rules for the Administration of Juvenile
Justice (The Beijing Rules) ; and the Declaration on the Protection of
Women and Children in Emergency and Armed Conflict,
Recognizing
that, in all
countries in the world, there are children living in exceptionally
difficult conditions, and that such children need special consideration,
Taking
due account of the
importance of the traditions and cultural values of each people for the
protection and harmonious development of the child,
Recognizing
the importance of
international co-operation for improving the living conditions of
children in every country, in particular in the developing countries,
Have
agreed as follows:
PART
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 (ordre public), public
health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the present Convention.
Article
11
1.
States Parties shall take
measures to combat the illicit transfer and non-return of children
abroad.
2.
To this end, States
Parties shall promote the conclusion of bilateral or multilateral
agreements or accession to existing agreements.
Article
12
1.
States Parties shall assure
to the child who is capable of forming his or her own views the right
to express those views freely in all matters affecting the child, the
views of the child being given due weight in accordance with the age
and maturity of the child.
2.
For this purpose, the
child shall in particular be provided the opportunity to be heard in
any judicial and administrative proceedings affecting the child, either
directly, or through a representative or an appropriate body, in a
manner consistent with the procedural rules of national law.
Article
13
1. The
child shall have the
right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless
of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of the child's choice.
2.
The exercise of this right
may be subject to certain restrictions, but these shall only be such as
are provided by law and are necessary:
- (a)
For respect of the
rights
or reputations of others; or
- (b)
For the protection of
national security or of public order (ordre public), or of public
health or morals.
Article
14
1. States
Parties shall respect
the right of the child to freedom of thought, conscience and religion.
2.
States Parties shall respect
the rights and duties of the parents and, when applicable, legal
guardians, to provide direction to the child in the exercise of his or
her right in a manner consistent with the evolving capacities of the
child.
3.
Freedom to manifest one's
religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order,
health or morals, or the fundamental rights and freedoms of others.
Article
15
1. States
Parties recognize the
rights of the child to freedom of association and to freedom of
peaceful assembly.
2.
No restrictions may be
placed on the exercise of these rights other than those imposed in
conformity with the law and which are necessary in a democratic society
in the interests of national security or public safety, public order
(ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others.
Article
16
1. No
child shall be subjected to
arbitrary or unlawful interference with his or her privacy, family,
home or correspondence, nor to unlawful attacks on his or her honour
and reputation.
2.
The child has the right to
the protection of the law against such interference or attacks.
Article
17
States
Parties recognize the
important function performed by the mass media and shall ensure that
the child has access to information and material from a diversity of
national and international sources, especially those aimed at the
promotion of his or her social, spiritual and moral well-being and
physical and mental health. To this end, States Parties shall:
- (a)
Encourage the mass media
to
disseminate information and material of social and cultural benefit to
the child and in accordance with the spirit of article 29;
- (b)
Encourage international
co-operation in the production, exchange and dissemination of such
information and material from a diversity of cultural, national and
international sources;
- (c)
Encourage the production
and dissemination of children's books;
- (d)
Encourage the mass media
to
have particular regard to the linguistic needs of the child who belongs
to a minority group or who is indigenous;
- (e)
Encourage the
development
of appropriate guidelines for the protection of the child from
information and material injurious to his or her well-being, bearing in
mind the provisions of articles 13 and 18.
Article
18
1. States
Parties shall use their
best efforts to ensure recognition of the principle that both parents
have common responsibilities for the upbringing and development of the
child. Parents or, as the case may be, legal guardians, have the
primary responsibility for the upbringing and development of the child.
The best interests of the child will be their basic concern.
2.
For the purpose of
guaranteeing and promoting the rights set forth in the present
Convention, States Parties shall render appropriate assistance to
parents and legal guardians in the performance of their child-rearing
responsibilities and shall ensure the development of institutions,
facilities and services for the care of children.
3.
States Parties shall take
all appropriate measures to ensure that children of working parents
have the right to benefit from child-care services and facilities for
which they are eligible.
Article
19
1. States
Parties shall take all
appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment
or exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who has the care of
the child.
2.
Such protective measures
should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the
child and for those who have the care of the child, as well as for
other forms of prevention and for identification, reporting, referral,
investigation, treatment and follow-up of instances of child
maltreatment described heretofore, and, as appropriate, for judicial
involvement.
Article
20
1. A
child temporarily or
permanently deprived of his or her family environment, or in whose own
best interests cannot be allowed to remain in that environment, shall
be entitled to special protection and assistance provided by the State.
2.
States Parties shall in
accordance with their national laws ensure alternative care for such a
child.
3.
Such care could include,
inter alia, foster placement, kafalah of Islamic law, adoption or if
necessary placement in suitable institutions for the care of children.
When considering solutions, due regard shall be paid to the
desirability of continuity in a child's upbringing and to the child's
ethnic, religious, cultural and linguistic background.
Article
21
States
Parties that recognize
and/or permit the system of adoption shall ensure that the best
interests of the child shall be the paramount consideration and they
shall:
- (a)
Ensure that the adoption
of
a child is authorized only by competent authorities who determine, in
accordance with applicable law and procedures and on the basis of all
pertinent and reliable information, that the adoption is permissible in
view of the child's status concerning parents, relatives and legal
guardians and that, if required, the persons concerned have given their
informed consent to the adoption on the basis of such counselling as
may be necessary;
- (b)
Recognize that
inter-country adoption may be considered as an alternative means of
child's care, if the child cannot be placed in a foster or an adoptive
family or cannot in any suitable manner be cared for in the child's
country of origin;
- (c)
Ensure that the child
concerned by inter-country adoption enjoys safeguards and standards
equivalent to those existing in the case of national adoption;
- (d)
Take all appropriate
measures to ensure that, in inter-country adoption, the placement does
not result in improper financial gain for those involved in it;
- (e)
Promote, where
appropriate,
the objectives of the present article by concluding bilateral or
multilateral arrangements or agreements, and endeavour, within this
framework, to ensure that the placement of the child in another country
is carried out by competent authorities or organs.
Article
22
1. States
Parties shall take
appropriate measures to ensure that a child who is seeking refugee
status or who is considered a refugee in accordance with applicable
international or domestic law and procedures shall, whether
unaccompanied or accompanied by his or her parents or by any other
person, receive appropriate protection and humanitarian assistance in
the enjoyment of applicable rights set forth in the present Convention
and in other international human rights or humanitarian instruments to
which the said States are Parties.
2.
For this purpose, States
Parties shall provide, as they consider appropriate, co-operation in
any efforts by the United Nations and other competent intergovernmental
organizations or non-governmental organizations co-operating with the
United Nations to protect and assist such a child and to trace the
parents or other members of the family of any refugee child in order to
obtain information necessary for reunification with his or her family.
In cases where no parents or other members of the family can be found,
the child shall be accorded the same protection as any other child
permanently or temporarily deprived of his or her family environment
for any reason , as set forth in the present Convention.
Article
23
1. States
Parties recognize that a
mentally or physically disabled child should enjoy a full and decent
life, in conditions which ensure dignity, promote self-reliance and
facilitate the child's active participation in the community.
2.
States Parties recognize the
right of the disabled child to special care and shall encourage and
ensure the extension, subject to available resources, to the eligible
child and those responsible for his or her care, of assistance for
which application is made and which is appropriate to the child's
condition and to the circumstances of the parents or others caring for
the child. 3. Recognizing the special needs of a disabled child,
assistance extended in accordance with paragraph 2 of the present
article shall be provided free of charge, whenever possible, taking
into account the financial resources of the parents or others caring
for the child, and shall be designed to ensure that the disabled child
has effective access to and receives education, training, health care
services, rehabilitation services, preparation for employment and
recreation opportunities in a manner conducive to the child's achieving
the fullest possible social integration and individual development,
including his or her cultural and spiritual development
4.
States Parties shall
promote, in the spirit of international cooperation, the exchange of
appropriate information in the field of preventive health care and of
medical, psychological and functional treatment of disabled children,
including dissemination of and access to information concerning methods
of rehabilitation, education and vocational services, with the aim of
enabling States Parties to improve their capabilities and skills and to
widen their experience in these areas. In this regard, particular
account shall be taken of the needs of developing countries.
Article
24
1. States
Parties recognize the
right of the child to the enjoyment of the highest attainable standard
of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no
child is deprived of his or her right of access to such health care
services.
2.
States Parties shall pursue
full implementation of this right and, in particular, shall take
appropriate measures:
- (a)
To diminish infant and
child mortality;
- (b)
To ensure the provision
of
necessary medical assistance and health care to all children with
emphasis on the development of primary health care;
- (c)
To combat disease and
malnutrition, including within the framework of primary health care,
through, inter alia, the application of readily available technology
and through the provision of adequate nutritious foods and clean
drinking-water, taking into consideration the dangers and risks of
environmental pollution;
- (d)
To ensure appropriate
pre-natal and post-natal health care for mothers;
- (e)
To ensure that all
segments
of society, in particular parents and children, are informed, have
access to education and are supported in the use of basic knowledge of
child health and nutrition, the advantages of breastfeeding, hygiene
and environmental sanitation and the prevention of accidents;
- (f)
To develop preventive
health care, guidance for parents and family planning education and
services.
3.
States Parties shall take
all effective and appropriate measures with a view to abolishing
traditional practices prejudicial to the health of children.
4.
States Parties undertake to
promote and encourage international co-operation with a view to
achieving progressively the full realization of the right recognized in
the present article. In this regard, particular account shall be taken
of the needs of developing countries.
Article
25
States
Parties recognize the right
of a child who has been placed by the competent authorities for the
purposes of care, protection or treatment of his or her physical or
mental health, to a periodic review of the treatment provided to the
child and all other circumstances relevant to his or her placement.
Article
26
1. States
Parties shall recognize
for every child the right to benefit from social security, including
social insurance, and shall take the necessary measures to achieve the
full realization of this right in accordance with their national law.
2.
The benefits should, where
appropriate, be granted, taking into account the resources and the
circumstances of the child and persons having responsibility for the
maintenance of the child, as well as any other consideration relevant
to an application for benefits made by or on behalf of the child.
Article
27
1. States
Parties recognize the
right of every child to a standard of living adequate for the child's
physical, mental, spiritual, moral and social development.
2.
The parent(s) or others
responsible for the child have the primary responsibility to secure,
within their abilities and financial capacities, the conditions of
living necessary for the child's development.
3.
States Parties, in
accordance with national conditions and within their means, shall take
appropriate measures to assist parents and others responsible for the
child to implement this right and shall in case of need provide
material assistance and support programmes, particularly with regard to
nutrition, clothing and housing.
4.
States Parties shall take
all appropriate measures to secure the recovery of maintenance for the
child from the parents or other persons having financial responsibility
for the child, both within the State Party and from abroad. In
particular, where the person having financial responsibility for the
child lives in a State different from that of the child, States Parties
shall promote the accession to international agreements or the
conclusion of such agreements, as well as the making of other
appropriate arrangements.
Article
28
1. States
Parties recognize the
right of the child to education, and with a view to achieving this
right progressively and on the basis of equal opportunity, they shall,
in particular:
- (a)
Make primary education
compulsory and available free to all;
- (b)
Encourage the
development
of different forms of secondary education, including general and
vocational education, make them available and accessible to every
child, and take appropriate measures such as the introduction of free
education and offering financial assistance in case of need;
- (c)
Make higher education
accessible to all on the basis of capacity by every appropriate means;
- (d)
Make educational and
vocational information and guidance available and accessible to all
children;
- (e)
Take measures to
encourage
regular attendance at schools and the reduction of drop-out rates.
2.
States Parties shall take
all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and
in conformity with the present Convention.
3.
States Parties shall promote
and encourage international cooperation in matters relating to
education, in particular with a view to contributing to the elimination
of ignorance and illiteracy throughout the world and facilitating
access to scientific and technical knowledge and modern teaching
methods. In this regard, particular account shall be taken of the needs
of developing countries.
1. States
Parties agree that the
education of the child shall be directed to:
- (a)
The development of the
child's personality, talents and mental and physical abilities to their
fullest potential;
- (b)
The development of
respect
for human rights and fundamental freedoms, and for the principles
enshrined in the Charter of the United Nations;
- (c)
The development of
respect
for the child's parents, his or her own cultural identity, language and
values, for the national values of the country in which the child is
living, the country from which he or she may originate, and for
civilizations different from his or her own;
- (d)
The preparation of the
child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship
among all peoples, ethnic, national and religious groups and persons of
indigenous origin;
- (e)
The development of
respect
for the natural environment.
2.
No part of the present
article or article 28 shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principle set
forth in paragraph 1 of the present article and to the requirements
that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.
Article
30
In those
States in which ethnic,
religious or linguistic minorities or persons of indigenous origin
exist, a child belonging to such a minority or who is indigenous shall
not be denied the right, in community with other members of his or her
group, to enjoy his or her own culture, to profess and practise his or
her own religion, or to use his or her own language.
Article
31
1. States
Parties recognize the
right of the child to rest and leisure, to engage in play and
recreational activities appropriate to the age of the child and to
participate freely in cultural life and the arts.
2.
States Parties shall respect
and promote the right of the child to participate fully in cultural and
artistic life and shall encourage the provision of appropriate and
equal opportunities for cultural, artistic, recreational and leisure
activity.
Article
32
1. States
Parties recognize the
right of the child to be protected from economic exploitation and from
performing any work that is likely to be hazardous or to interfere with
the child's education, or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.
2.
States Parties shall take
legislative, administrative, social and educational measures to ensure
the implementation of the present article. To this end, and having
regard to the relevant provisions of other international instruments,
States Parties shall in particular:
- (a)
Provide for a minimum
age
or minimum ages for admission to employment;
- (b)
Provide for appropriate
regulation of the hours and conditions of employment;
- (c)
Provide for appropriate
penalties or other sanctions to ensure the effective enforcement of the
present article.
Article
33
States
Parties shall take all
appropriate measures, including legislative, administrative, social and
educational measures, to protect children from the illicit use of
narcotic drugs and psychotropic substances as defined in the relevant
international treaties, and to prevent the use of children in the
illicit production and trafficking of such substances.
Article
34
States
Parties undertake to
protect the child from all forms of sexual exploitation and sexual
abuse. For these purposes, States Parties shall in particular take all
appropriate national, bilateral and multilateral measures to prevent:
- (a)
The inducement or
coercion
of a child to engage in any unlawful sexual activity;
- (b)
The exploitative use of
children in prostitution or other unlawful sexual practices;
- (c)
The exploitative use of
children in pornographic performances and materials.
Article
35
States
Parties shall take all
appropriate national, bilateral and multilateral measures to prevent
the abduction of, the sale of or traffic in children for any purpose or
in any form.
Article
36
States
Parties shall protect the
child against all other forms of exploitation prejudicial to any
aspects of the child's welfare.
Article
37
States
Parties shall ensure that:
- (a)
No child shall be
subjected
to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without
possibility of release shall be imposed for offences committed by
persons below eighteen years of age;
- (b)
No child shall be
deprived
of his or her liberty unlawfully or arbitrarily. The arrest, detention
or imprisonment of a child shall be in conformity with the law and
shall be used only as a measure of last resort and for the shortest
appropriate period of time;
- (c)
Every child deprived of
liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account
the needs of persons of his or her age. In particular, every child
deprived of liberty shall be separated from adults unless it is
considered in the child's best interest not to do so and shall have the
right to maintain contact with his or her family through correspondence
and visits, save in exceptional circumstances;
- (d)
Every child deprived of
his
or her liberty shall have the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the legality
of the deprivation of his or her liberty before a court or other
competent, independent and impartial authority, and to a prompt
decision on any such action.
Article
38
1. States
Parties undertake to
respect and to ensure respect for rules of international humanitarian
law applicable to them in armed conflicts which are relevant to the
child.
2.
States Parties shall take
all feasible measures to ensure that persons who have not attained the
age of fifteen years do not take a direct part in hostilities.
3.
States Parties shall refrain
from recruiting any person who has not attained the age of fifteen
years into their armed forces. In recruiting among those persons who
have attained the age of fifteen years but who have not attained the
age of eighteen years, States Parties shall endeavour to give priority
to those who are oldest.
4.
In accordance with their
obligations under international humanitarian law to protect the
civilian population in armed conflicts, States Parties shall take all
feasible measures to ensure protection and care of children who are
affected by an armed conflict.
Article
39
States
Parties shall take all
appropriate measures to promote physical and psychological recovery and
social reintegration of a child victim of: any form of neglect,
exploitation, or abuse; torture or any other form of cruel, inhuman or
degrading treatment or punishment; or armed conflicts. Such recovery
and reintegration shall take place in an environment which fosters the
health, self-respect and dignity of the child.
Article
40
- 1.
States Parties recognize
the
right of every child alleged as, accused of, or recognized as having
infringed the penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, which reinforces
the child's respect for the human rights and fundamental freedoms of
others and which takes into account the child's age and the
desirability of promoting the child's reintegration and the child's
assuming a constructive role in society.
- 2.
To this end, and having
regard to the relevant provisions of international instruments, States
Parties shall, in particular, ensure that:
- (a)
No child shall be
alleged
as, be accused of, or recognized as having infringed the penal law by
reason of acts or omissions that were not prohibited by national or
international law at the time they were committed;
- (b)
Every child alleged as
or
accused of having infringed the penal law has at least the following
guarantees:
- (i)
To be presumed innocent
until proven guilty according to law;
- (ii)
To be informed promptly
and directly of the charges against him or her, and, if appropriate,
through his or her parents or legal guardians, and to have legal or
other appropriate assistance in the preparation and presentation of his
or her defence;
- (iii)
To have the matter
determined without delay by a competent, independent and impartial
authority or judicial body in a fair hearing according to law, in the
presence of legal or other appropriate assistance and, unless it is
considered not to be in the best interest of the child, in particular,
taking into account his or her age or situation, his or her parents or
legal guardians;
- (iv)
Not to be compelled to
give testimony or to confess guilt; to examine or have examined adverse
witnesses and to obtain the participation and examination of witnesses
on his or her behalf under conditions of equality;
- (v)
If considered to have
infringed the penal law, to have this decision and any measures imposed
in consequence thereof reviewed by a higher competent, independent and
impartial authority or judicial body according to law;
- (vi)
To have the free
assistance of an interpreter if the child cannot understand or speak
the language used;
- (vii)
To have his or her
privacy fully respected at all stages of the proceedings. 3. States
Parties shall seek to promote the establishment of laws, procedures,
authorities and institutions specifically applicable to children
alleged as, accused of, or recognized as having infringed the penal
law, and, in particular:
- 3.
States Parties shall seek
to
promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused
of, or recognized as having infringed the penal law and in particular:
- (a)
The establishment of a
minimum age below which children shall be presumed not to have the
capacity to infringe the penal law;
- (b)
Whenever appropriate and
desirable, measures for dealing with such children without resorting to
judicial proceedings, providing that human rights and legal safeguards
are fully respected.
- 4.
A variety of
dispositions,
such as care, guidance and supervision orders; counselling; probation;
foster care; education and vocational training programmes and other
alternatives to institutional care shall be available to ensure that
children are dealt with in a manner appropriate to their well-being and
proportionate both to their circumstances and the offence.
Article
41
Nothing
in the present Convention
shall affect any provisions which are more conducive to the realization
of the rights of the child and which may be contained in:
- (a)
The law of a State
party; or
- (b)
International law in
force
for that State.
PART
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
- 1.
For the purpose of
examining
the progress made by States Parties in achieving the realization of the
obligations undertaken in the present Convention, there shall be
established a Committee on the Rights of the Child, which shall carry
out the functions hereinafter provided.
- 2.
The Committee shall
consist
of ten experts of high moral standing and recognized competence in the
field covered by this Convention. The members of the Committee shall be
elected by States Parties from among their nationals and shall serve in
their personal capacity, consideration being given to equitable
geographical distribution, as well as to the principal legal systems.
- 3.
The members of the
Committee
shall be elected by secret ballot from a list of persons nominated by
States Parties. Each State Party may nominate one person from among its
own nationals.
- 4.
The initial election to
the
Committee shall be held no later than six months after the date of the
entry into force of the present Convention and thereafter every second
year. At least four months before the date of each election, the
Secretary-General of the United Nations shall address a letter to
States Parties inviting them to submit their nominations within two
months. The Secretary-General shall subsequently prepare a list in
alphabetical order of all persons thus nominated, indicating States
Parties which have nominated them, and shall submit it to the States
Parties to the present Convention.
- 5.
The elections shall be
held
at meetings of States Parties convened by the Secretary-General at
United Nations Headquarters. At those meetings, for which two thirds of
States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties
present and voting.
- 6.
The members of the
Committee
shall be elected for a term of four years. They shall be eligible for
re-election if renominated. The term of five of the members elected at
the first election shall expire at the end of two years; immediately
after the first election, the names of these five members shall be
chosen by lot by the Chairman of the meeting.
- 7.
If a member of the
Committee
dies or resigns or declares that for any other cause he or she can no
longer perform the duties of the Committee, the State Party which
nominated the member shall appoint another expert from among its
nationals to serve for the remainder of the term, subject to the
approval of the Committee.
- 8.
The Committee shall
establish its own rules of procedure.
- 9.
The Committee shall elect
its officers for a period of two years.
- 10.
The meetings of the
Committee shall normally be held at United Nations Headquarters or at
any other convenient place as determined by the Committee. The
Committee shall normally meet annually. The duration of the meetings of
the Committee shall be determined, and reviewed, if necessary, by a
meeting of the States Parties to the present Convention, subject to the
approval of the General Assembly.
- 11.
The Secretary-General of
the United Nations shall provide the necessary staff and facilities for
the effective performance of the functions of the Committee under the
present Convention.
- 12.
With the approval of the
General Assembly, the members of the Committee established under the
present Convention shall receive emoluments from United Nations
resources on such terms and conditions as the Assembly may decide.
Article
44
- 1.
States Parties undertake
to
submit to the Committee, through the Secretary-General of the United
Nations, reports on the measures they have adopted which give effect to
the rights recognized herein and on the progress made on the enjoyment
of those rights:
- (a)
Within two years of the
entry into force of the Convention for the State Party concerned;
- (b)
Thereafter every five
years.
- 2.
Reports made under the
present article shall indicate factors and difficulties, if any,
affecting the degree of fulfilment of the obligations under the present
Convention. Reports shall also contain sufficient information to
provide the Committee with a comprehensive understanding of the
implementation of the Convention in the country concerned.
- 3.
A State Party which has
submitted a comprehensive initial report to the Committee need not, in
its subsequent reports submitted in accordance with paragraph 1 (b) of
the present article, repeat basic information previously provided.
- 4.
The Committee may request
from States Parties further information relevant to the implementation
of the Convention.
- 5.
The Committee shall
submit
to the General Assembly, through the Economic and Social Council, every
two years, reports on its activities.
- 6.
States Parties shall make
their reports widely available to the public in their own countries.
Article
45
In order
to foster the effective
implementation of the Convention and to encourage international
co-operation in the field covered by the Convention:
- (a)
The specialized
agencies,
the United Nations Children's Fund, and other United Nations organs
shall be entitled to be represented at the consideration of the
implementation of such provisions of the present Convention as fall
within the scope of their mandate. The Committee may invite the
specialized agencies, the United Nations Children's Fund and other
competent bodies as it may consider appropriate to provide expert
advice on the implementation of the Convention in areas falling within
the scope of their respective mandates. The Committee may invite the
specialized agencies, the United Nations Children's Fund, and other
United Nations organs to submit reports on the implementation of the
Convention in areas falling within the scope of their activities;
- (b)
The Committee shall
transmit, as it may consider appropriate, to the specialized agencies,
the United Nations Children's Fund and other competent bodies, any
reports from States Parties that contain a request, or indicate a need,
for technical advice or assistance, along with the Committee's
observations and suggestions, if any, on these requests or indications;
- (c)
The Committee may
recommend
to the General Assembly to request the Secretary-General to undertake
on its behalf studies on specific issues relating to the rights of the
child;
- (d)
The Committee may make
suggestions and general recommendations based on information received
pursuant to articles 44 and 45 of the present Convention. Such
suggestions and general recommendations shall be transmitted to any
State Party concerned and reported to the General Assembly, together
with comments, if any, from States Parties.
PART
III
...omissis...
Article
49
- 1.
The present Convention
shall
enter into force on the thirtieth day following the date of deposit
with the Secretary-General of the United Nations of the twentieth
instrument of ratification or accession.2. For each State ratifying or
acceding to the Convention after the deposit of the twentieth
instrument of ratification or accession, the Convention shall enter
into force on the thirtieth day after the deposit by such State of its
instrument of ratification or accession.
Article
50
...omissis...
- 3.
When an amendment enters
into force, it shall be binding on those States Parties which have
accepted it, other States Parties still being bound by the provisions
of the present Convention and any earlier amendments which they have
accepted.
Article
51
- 1.
The Secretary-General of
the
United Nations shall receive and circulate to all States the text of
reservations made by States at the time of ratification or accession.
- 2.
A
reservation incompatible
with the object and purpose of the present Convention shall not be
permitted.
- 3.
Reservations may be
withdrawn at any time by notification to that effect addressed to the
Secretary-General of the United Nations, who shall then inform all
States. Such notification shall take effect on the date on which it is
received by the Secretary-General
Article
52
...omissis...
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.
...omissis...
|
Quotations
of
the
up-dated Fact Sheet Fact Sheet No.10
(Rev.1), The Rights of
the Child
The World
Conference on Human
Rights, welcoming the early ratification of the
Convention on
the Rights of the Child by a large number of States
. . . urges
universal ratification of the Convention by 1995
and its
effective implementation by States parties through
the adoption
of all the necessary legislative, administrative and other measures and
the allocation to the maximum extent of the
available resources
. . .
VIENNA DECLARATION
AND PROGRAMME
OF ACTION(Part 1, para.21),
adopted by the World Conference on Human Rights, Vienna, 25 June 1993,
(A/CONF. 157/24 (Part 1), chap. 111).
I. A
landmark for children
and their rights
The
Convention
on the Rights of the Child was adopted by the General
Assembly of
the United Nations by its resolution 44/25 of 20 November 1989.(1)
This
was the end
of a process which had begun with the preparations for the 1979
International Year of the Child. That year, discussions started on a
draft convention submitted by the Government of Poland.
Children
had
been discussed before by the international community. Declarations on
the rights of the child had been adopted by both the League of Nations
(1924) and the United Nations (1959). Also, specific provisions
concerning children had been incorporated in a number of human rights
and humanitarian law treaties. Nevertheless, some States argued that
there was a need for a comprehensive statement on children's rights
which would be binding under international law.
That
view was
influenced by reports of grave injustices suffered by children: high
infant mortality, deficient health care, limited opportunities for
basic education. There were also alarming accounts of children being
abused and exploited as prostitutes or in harmful jobs, of children in
prison or in other difficult circumstances, and of children as refugees
and victims of armed conflict.
The
drafting of
the Convention took place in a working group set up by the United
Nations Commission on Human Rights. Government delegates formed the
core of the drafting group, but representatives of United Nations
bodies and specialized agencies, including the Office of the United
Nations High Commissioner for Refugees (UNHCR), the International
Labour Organization (ILO), the United Nations Children's Fund (UNICEF)
and the World Health Organization (WHO), as well as a number of
non-governmental organizations, took part in the deliberations. The
original draft submitted by the Polish Government was extensively
amended and expanded through the long discussions.
The
unanimous
adoption of the Convention by the General Assembly paved the way for
the next stage: ratifications by States and the setting up of a
monitoring committee. Within less than a year, by September 1990, 20
States had legally endorsed the Convention, which thereby entered into
force.
In
the same month, the World Summit for
Children was held in New York on the initiative of UNICEF and six
States (Canada, Egypt, Mali, Mexico, Pakistan and Sweden). The Summit
encouraged all States to ratify the Convention. By the end of 1990, 57
had done so, thereby becoming States parties. In 1993, the World
Conference on Human Rights held at Vienna declared that the goal was
universal ratification by the end of 1995. By 31 December 1995, no less
than 185 countries had indeed ratified the Convention. This number is
unprecedented in the field of human rights.(2)
Universal and forward-looking
principles
1
a major challenge.
- . The right to life, survival and
development (art. 6): The right-to-life article includes formulations
about the right to survival and to development, which should be ensured
"to the maximum extent possible". The term "development" in this
context should be interpreted in a broad sense, adding a qualitative
dimension: not only physical health is intended, but also mental,
emotional, cognitive, social and cultural development.
- . The views of the child (art
12): Children
should be free to have opinions in all matters affecting them, and
those views should be given due weight "in accordance with the age and
maturity of the child". The underlying idea is that children have the
right to be heard and to have their views taken seriously, including in
any judicial or administrative proceedings affecting them.
2.
The Convention on the Rights of the Child has the same meaning for
people In all parts of the world. While laying down common standards,
the Convention takes into account the different cultural, social,
economic and political realities of individual States so that each
State may seek its own means to implement the rights common to
all.
3.
There are four general principles enshrined in the Convention. These
are meant to help with the interpretation of the Convention as a whole
and thereby guide national programmes of implementation. The four
principles are formulated, in particular, in articles 2, 3, 6 and 12.
4 . Non-discrimination (art. 2):
States
parties must ensure that all children within their Jurisdiction enjoy
their rights. No child should suffer discrimination. This applies to
every child, "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".
5. The essential
message is equality of
opportunity.
Girls should be given the same
opportunities as boys. Refugee children, children of foreign origin,
children of indigenous or minority groups should have the same rights
as all others. Children with disabilities should be given the same
opportunity to enjoy an adequate standard of living.
6. Best interests of the child
(art. 3):
When the authorities of a State take decisions which affect children,
the best interests of children must be a primary consideration. This
principle relates to decisions by courts of law, administrative
authorities, legislative bodies and both public and private
social-welfare institutions. This is, of course, a fundamental message
of the Convention, the implementation of which is
Highlights
of the Convention
- - Every child has the inherent right to
life, and
States shall ensure to the maximum child survival and
development.
- - Every child has the right to a name and
nationality
from birth.
- - Children shall not be separated from their parents,
except by competent authorities for their well-being.
- - States shall facilitate reunification of
families
by permitting travel into, or out of, their territories.
- - Parents have the primary responsibility
for a
child's upbringing, but States shall provide them with appropriate
assistance and develop child-care institutions.
- - States shall protect children from
physical or
mental harm and neglect, including sexual abuse or
exploitation.
- - States shall provide parentless children
with
suitable alternative care. The adoption process shall be carefully
regulated and international agreements should be sought to provide
safeguards and assure legal validity if and when adoptive parents
intend to move a child from his or her country of birth.
- - Disabled children shall have the right to
special
treatment, education and care.
- - Children are entitled to the highest
attainable
standard of health. States shall ensure that health care is provided to
all children, placing emphasis on preventive measures, health education
and reduction of infant mortality.
- - Primary education shall be free and
compulsory.
Discipline in schools shall respect the child's dignity. Education
should prepare the child for life in a spirit of understanding, peace
and tolerance.
- - Children shall have time to rest and play
and equal
opportunities for cultural and artistic activities.
- - States shall protect children from
economic
exploitation and from work that may interfere with their education or
be harmful to their health or well-being.
- - States shall protect children from the
illegal use
of drugs and involvement in drug production or trafficking.
- - All efforts shall be made to eliminate
the
abduction and trafficking of children.
- - Capital punishment or life imprisonment
shall not
be imposed for crimes committed before the age of 18.
- - Children in detention shall be separated
from
adults; they must not be tortured or suffer cruel or degrading
treatment.
- - No child under 15 shall take any part in
hostilities; children exposed to armed conflict shall receive special
protection.
- - Children of minority and indigenous
populations
shall freely enjoy their own culture, religion and language.
- - Children who have suffered mistreatment,
neglect or
exploitation shall receive appropriate treatment or training for
recovery and rehabilitation.
- - Children involved in infringements of the
penal law
shall be treated in a way that promotes their sense of dignity and
worth and aims at reintegrating them into society.
- - States shall make the rights set out in
the
Convention widely known to both adults and children.
II. Constructive monitoring
A
number of
international human rights bodies contribute to improving respect for
the rights of the child in their particular areas of competence. In
addition to the Commission on Human Rights, the Sub-Commission on
Prevention of Discrimination and Protection of Minorities and its
Working Group on Contemporary Forms of Slavery, which deals with
aspects of the exploitation and mistreatment of children, relevant
international human rights bodies include the following:
- - Human Rights
Committee;
- - Committee on
Economic,
Social and Cultural Rights:
- - Committee on
the
Elimination of Racial Discrimination;
- - Committee on
the
Elimination of Discrimination against Women;
- -
Committee against
Torture.
These
five
committees are commonly referred to as treaty bodies, since they were
established to monitor the implementation of particular United Nations
human rights treaties by States which have ratified or acceded to the
instruments in question. The creation of the Committee on the Rights of
the Child, established under article 43 of the Convention, reinforced
the activities of these bodies on behalf of children.
Committee on the Rights of the Child
In
early 1991, a
meeting of representatives of States parties to the Convention on the
Rights of the Child was convened for the first election to its
monitoring body: the Committee on the Rights of the Child. Some 40
candidates had been nominated for the 10 seats. The experts elected on
this first occasion came from Barbados, Brazil, Burkina Faso, Egypt,
Peru, the Philippines, Portugal, the former Soviet Union, Sweden and
Zimbabwe. Six were women, four men. They represented a variety of
professional backgrounds, including human rights and international law,
juvenile justice, social work, medicine, journalism and governmental
and non-governmental work.
The
Committee on
the Rights of the Child currently holds three sessions a year, each of
four weeks' duration. The last week is always reserved for preparation
of the next session. The Committee is serviced by the United Nations
Centre for Human Rights in Geneva.
Under
article 44
of the Convention, States parties accept the duty to submit regular
reports to the Committee on the steps they have taken to put the
Convention into effect and on progress in the enjoyment of children's
rights in their territories. First implementation reports are to be
submitted within two years of ratification of or accession to the
Convention and thereafter every five years. The first initial reports
were due in September 1992. More than 70 State reports had reached the
Committee by December 1995.
At
its first
session, in October 1991, the Committee adopted guidelines to help
States parties writing and structuring their initial reports.(3)
Governments are recommended to prepare their reports according to these
guidelines, which stress that the report should indicate "factors and
difficulties" encountered by the State in the implementation of the
Convention-in other words, that it should be problem-oriented and
self-critical. States are also asked to specify "implementation
priorities" and "specific goals for the future". Relevant legal texts
and statistical data are to be submitted with the report.
In
establishing
its procedures, the Committee has emphasized the importance of a
constructive dialogue with government representatives. In this context,
it has also made clear that it seeks close cooperation with relevant
United Nations bodies and specialized agencies, as well as with other
competent bodies, including non-governmental organizations.
A
working group of the Committee meets prior to each of its sessions for
a preliminary examination of reports received from States parties, and
to prepare the Committee's discussions with the representatives of
reporting States. In addition to State reports, the working group
considers information provided by other human rights treaty bodies. The
Committee also receives information from mechanisms established by the
Commission on Human Rights to investigate human rights problems in
specific countries or on thematic issues, for example the Special
Rapporteurs on torture, on extrajudicial, summary or arbitrary
executions, and on violence against women. A key partner in this
context is the Special Rapporteur on the sale of children,
child
prostitution and child pornography.
General
discussions and studies
A
procedural
innovation was introduced by the Committee in January 1993 when it
recommended to the General Assembly that it request
the
Secretary-General to undertake a study on the protection of children in
armed conflicts. This request was the result of a full-day "general
discussion" on the subject organized by the Committee in 1992, in which
United Nations bodies and non-governmental organizations were invited
to participate.
General
discussions have since been held on economic exploitation of children,
on the rights of the child in the family context, on the rights of the
girl child, and on juvenile justice. Such thematic discussions are held
about once a year and may lead to requests for studies, but can also
serve as a basis for work on interpreting the articles of the
Convention.
United
Nations
bodies and specialized agencies may take part in the deliberations of
the working group and provide information. On the basis of written
information received from relevant non-governmental organizations, the
Committee has also often invited such organizations to take part in the
preparatory meetings on State reports.
The
end result
of the pre-sessional working group's discussion on a State report is a
"list of issues". This list, which gives a preliminary indication of
the issues which the Committee considers to be priorities for
discussion, is sent to the Government concerned with an invitation to
participate in a forthcoming plenary session of the Committee at which
its report will be considered. The Government is invited to respond to
the issues in writing, before the session.
This
approach
gives Governments the opportunity better to prepare themselves for the
discussion with the Committee. Other points not included in the list of
issues may emerge during the discussion, which is one reason why the
Committee prefers to discuss with high level officials, such as
ministers or deputy ministers, rather than with representatives who
lack the authority to make decisions.
Discussions
with
States parties are concrete and detailed, and tend to deal with both
results and processes. Although all Committee members usually take part
in the deliberations, in most cases two members take the lead on each
country as "rapporteurs" .
At
the very end
of the process, the Committee adopts "concluding observations", which
are a statement on its consideration of a State's report. Concluding
observations are meant to be widely publicized in the State party and
to serve as the basis for a national debate on how to improve the
enforcement of the provisions of the Convention. They therefore
constitute an essential document: Governments are expected to implement
the recommendations contained therein.
Notes
are taken
at the meetings of the Committee. The United Nations publishes both
press releases on the discussions and more detailed summary records of
the proceedings. The Committee encourages the publication of the State
party's report, the summary records and the concluding observations on
each country as a consolidated document. Some Governments whose reports
have already been discussed have undertaken to do so.
The
whole
process of discussion of States parties' reports is designed to promote
public debate. The Committee's discussions are normally open to the
public; only the preparatory discussions of the pre-sessional working
group and the drafting of the Committee's concluding observations are
conducted in private. Likewise, it is important that the national
reporting procedure be open and transparent; the Committee encourages
such an approach.
The
reporting
procedure is constructive and oriented towards intemational cooperation
and exchange of information. The aim is to define problems and discuss
what corrective measures should be taken. The Committee can also
transmit requests for assistance to the specialized United Nations
bodies and agencies, including UNHCR, ILO, UNICEF, WHO, the United
Nations Educational, Scientific and Cultural Organization (UNESCO) and
other competent bodies.
Urgent
procedure
There
is no procedure outlined in the Convention for individual complaints
from children or their representatives. The Committee may, however,
request "further information relevant to the implementation of the
Convention" (art. 44, para. 4). Such additional information may be
requested from Governments if, for instance, there are indications of
serious problems.
III.
Making children's rights a reality
General measures of implementation
In
drafting its
reporting guidelines for States, the Committee on the Rights of the
Child placed emphasis on concrete implementation measures which would
make a reality of the principles and provisions of the Convention. More
specifically, the Committee paid special attention to necessary reforms
within the spirit of the Convention and procedures for constant
scru |