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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
co-operation for improving the living conditions of children
in every country, in particular in the developing countries,
Have agreed as follows:
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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 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.
Article 29
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:
(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.
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Convention
on the Rights of the Child