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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 |
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Preamble |
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The States Parties to the present
Convention,
Considering that, in accordance with the
principles proclaimed in the Charter of the
United Nations,
recognition of the inherent dignity and of
the equal and inalienable rights of all
members of the human
family is the foundation of freedom, justice
and peace in the world, Bearing in mind that
the peoples of the United Nations have, in
the Charter,
reaffirmed their faith in
fundamental human rights and in the dignity
and worth of the human person, and have
determined to
promote social progress and better standards
of life in larger freedom,
Recognizing that the United Nations has, in
the Universal Declaration of Human Rights
and in the
International Covenants on Human Rights,
proclaimed and agreed that everyone is
entitled to all the
rights and freedoms set forth therein,
without distinction of any kind, such as
race, colour, sex,
language, religion, political or other
opinion, national or social origin,
property, birth or other status,
Recalling that, in the Universal Declaration
of Human Rights, the United Nations has
proclaimed that
childhood is entitled to special care and
assistance, Convinced that the family, as the
fundamental group of society and the natural
environment for the
growth and well-being of all its members and
particularly children, should be afforded
the necessary
protection and assistance so that it can
fully assume its responsibilities within the
community,
Recognizing that the child, for the full and
harmonious development of his or her
personality, should
grow up in a family environment, in an
atmosphere of happiness, love and
understanding,
Considering that the child should be fully
prepared to live an individual life in
society, and brought up
in the spirit of the ideals proclaimed in
the Charter of the United Nations, and in
particular in the spirit
of peace, dignity, tolerance, freedom,
equality and solidarity,
Bearing in mind that the need to extend
particular care to the child has been stated
in the Geneva
Declaration of the Rights of the Child of
1924 and in the Declaration of the Rights of
the Child adopted
by the 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 cooperation
for improving the living conditions of
children in every country, in particular in
the
developing countries,
Have agreed as follows:
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PART I
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Article 1
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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.
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Article 2 |
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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.
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Article 3
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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.
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Article 4 |
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States Parties shall undertake all
appropriate legislative, administrative, and
other measures for the
implementation of the rights recognized in
the present Convention. With regard to
economic, social
and cultural rights, States Parties shall
undertake such measures to the maximum
extent of their
available resources and, where needed,
within the framework of international
co-operation.
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Article 5 |
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States Parties shall respect the
responsibilities, rights and duties of
parents or, where applicable, the
members of the extended family or community
as provided for by local custom, legal
guardians or
other persons legally responsible for the
child, to provide, in a manner consistent
with the evolving
capacities of the child, appropriate
direction and guidance in the exercise by
the child of the rights
recognized in the present Convention.
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Article 6 |
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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.
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Article 7 |
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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.
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Article 8 |
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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.
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Article 9 |
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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.
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Article
10 |
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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.
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