UN CHILD CONVENTION PART I

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CONVENTION ON THE RIGHTS OF THE CHILD, POSTED IN 2 PARTS FOR
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PART I
 
 
UNGA Doc A/RES/44/25 (12 December 1989) with Annex
 
 
             CONVENTION ON THE RIGHTS OF THE CHILD *
 
  The General Assembly,
 
  Recalling its previous resolutions, especially resolutions
33/166 of 20 December 1978 and 43/112 of 8 December 1988, and
those of the Commission on Human Rights and the Economic and
Social Council related to the question of a convention on the
rights of the child,
 
  Taking note, in particular, of Commission on Human Rights
resolution 1989/57 of 8 March 1989, by which the Commission
decided to transmit the draft convention on the rights of the
child, through the Economic and Social Council, to the General
Assembly, and Economic and Social Council resolution 1989/79
of 24 May 1989,
 
  Reaffirming that children's rights require special
protection and call for continuous improvement of the
situation of children all over the world, as well as for their
development and education in conditions of peace and security,
 
  Profoundly concerned that the situation of children in many
parts of the world remains critical as a result of inadequate
social conditions, natural disasters, armed conflicts,
exploitation, illiteracy, hunger and disability, and convinced
that urgent and effective national and international action is
called for, 
 
  Mindful of the important role of the United Nations
Children's Fund and of that of the United Nations in promoting
the well-being of children and their development,
 
  Convinced that an international convention on the rights of
the child, as a standard-setting accomplishment of the United
Nations in the field of human rights, would make a positive
contribution to protecting children's rights and ensuring
their well-being, 
 
  Bearing in mind that 1989 marks the thirtieth anniversary of
the Declaration of the Rights of the Child and the tenth
anniversary of the International Year of the Child,
 
  1. Expresses its appreciation to the Commission on Human
Rights for having concluded the elaboration of the draft
convention on the rights of the child;
 
  2. Adopts and opens for signature, ratification and
accession the Convention on the Rights of the Child contained
in the annex to the present resolution;
 
  3. Calls upon all Member States to consider signing and
ratifying or acceding to the Convention as a matter of
priority and expresses the hope that it will come into force
at an early date;
 
  4. Requests the Secretary-General to provide all the
facilities and assistance necessary for dissemination of
information on the Convention;
 
  5. Invites United Nations agencies and organizations, as
well as intergoverrunental and non-governmental organizations,
to intensify their efforts with a view to disseminating
information on the Convention and to promoting its
understanding;
 
  6. Requests the Secretary-General to submit to the General
Assembly at its forty-fifth session a report on the status of
the Convention on the Rights of the Child;
 
  7. Decides to consider the report of the Secretary-General
at its forty-fifth session under an item entitled
"Implementation of the Convention on the Rights of the Child".
 
  61st plenary meeting
 
  20 November 1989
 
  ANNEX
 

                   Convention on the Rights of the Child
 
 
 
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 speedily
re-establishing 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 2,
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 co-operation, 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  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 cooperating
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.
 
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, iner 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 breast-feeding,
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.