Approved by the General Assembly of the United Nations
on November 20, 1989
Preamble
The States Parties to the present Convention
Taking into account that according to the principles expressed in the Charter of the United Nations recognition of the inherent dignity and equal rights and an integral part of all members of the human race , is the foundation of freedom , justice and peace in the world.
Given that the nations of the United Nations have expressed once again their belief in the charter of basic rights of human beings , the dignity and respect the human person , and have determined to promote social progress and better standards of life in larger freedom broad.
Admitted that the United Nations , the Universal Declaration of Human Rights and 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 , color , sex , language , religion, political , or other opinion , national or social origin , property or other status.
Considering that the Universal Declaration of Human Rights , the United Nations has stated that the children are entitled to parenting and special assistance.
Convinced that the family , as the fundamental group of society and nature 's environment for the growth and well-being of all its members and particularly children , should be given the necessary protection and assistance so that it can fully assume its responsibilities within the community.
Admitted that the child , for the full development of his personality fully and harmoniously , should grow up in a family environment in an atmosphere of happiness , love and understanding.
Considering that the child should be prepared to live an individual life and society , and raised the spirit of the ideals set forth in the Charter of the United Nations , and especially in the spirit of peace, dignity , tolerance , freedom , equality and solidarity.
Given that the need to give special care to the child has been stated in the Geneva Declaration of the Rights of the Child in 1924 and the Declaration of the Rights of the Child which was approved 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 ( especially in chapter 23 and chapter 24 ) , the International Covenant on Economic, Social and Cultural Rights ( especially article 10 ) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children.
Given 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 Principles of Social and Legal relating to the Protection and Welfare of Children , with Special Reference to Foster Placement and Adoption Nationally and Internationally; Standard Minimum Rules of the United Nations , for the Administration of Juvenile Justice ( Beijing Rules ) ; and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict ,
Admitted the importance of international cooperation for improving the livelihood of children in every country , especially in developing countries ,
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 , maturity is attained earlier .
Article 2
- 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 , regardless of race, color , sex , language , religion , political opinion or other opinion , nationality , ethnic or social origin , property, disability , birth or other status of the child or the child's parent or legal guardian of the child .
- States Parties shall take all appropriate measures to ensure that children are protected from 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
- In all actions concerning children, whether undertaken by institutions or private social welfare institutions , courts of law , administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration .
- States Parties undertake to ensure the protection and care of children as needed for well-being , taking into account the rights and duties of parents , legal guardians or other persons legally responsible for him , and for this purpose , should take all legislative and administrative measures are appropriate .
- 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 of and suitability of staff , and also their oversight authorities.
Article 4
States Parties shall undertake all appropriate legislative, administrative , and other appropriate measures for the implementation of the rights recognized in the present Convention . Regarding the rights of economic, social and cultural , the States Parties shall undertake such measures to the maximum extent possible from the sources they are available and where needed, within the framework of international cooperation .
Article 5
States Parties shall respect the responsibilities , rights and duties of parents or, if applicable, the members of the extended family or community as administered by local custom , legal guardians or other persons legally responsible responsible for the child, to provide, in a manner consistent with the evolving capacities of the child , appropriate direction and guidance in the implementation of the child 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 possible range of resistance and development of children .
Article 7
- The Child shall be registered immediately after birth and shall have the right from birth to a name , the right to obtain citizenship , and as far as possible , the right to know and be cared for by their parents .
- States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under international instruments relevant in this field , especially if the child would otherwise be stateless .
Article 8
- States Parties undertake to respect the child's right to maintain its identity , including nationality , name and family relations as recognized by law without unlawful interference .
- Where a child is illegally deprived of some or all of the elements of her identity, States Parties shall provide appropriate assistance and protection, with a view to speedily re-establishing his identity .
Article 9
- 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 yudicial review determine, in accordance with applicable law and procedures, that such separation is necessary in the interests of The best child . Such determination may be necessary in a particular case such as one involving abuse or neglect of children by parents , or cases where the parents are living separately and a decision must be made regarding the child 's residence .
- In any proceedings in accordance with the provisions of paragraph 1 of this article , all interested parties must be given the opportunity to participate in the proceedings and make their opinions known .
- 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 , unless contrary to the best interests of the child .
- Where such separation results from any action initiated by a State Party, such as the detention , imprisonment , exile , deportation or death ( including death from any cause as long as the person is in custody country ) one or both parents of the child , the State Party which concerned at the request must provide to the child or , if appropriate, other family members with basic information about the place being a member or family member that stretch of nothing except giving information that would be detrimental to the welfare 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 ( or people ) are concerned .
Article 10
- Accordance with the obligation of States Parties under article 9, paragraph 1 , the filing of a request by a child or her parents to enter or leave a State Party for the purpose of family reunification will be dealt with by States Parties in a positive way , humane and smoothly . States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and their family members .
- A child where her parents lived in another country is entitled to hold , on a regular basis except in circumstances exceptional , personal relations and direct contact 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 rights of the child and his parents to leave any country , including their own country , and to enter their own country . The right to leave any country shall be subject only to such limitations as are prescribed by law and are necessary to protect national security , public order , health , or morals or the rights and freedoms of others and are consistent with the right - other rights recognized in the present Convention .
Article 11
- States Parties shall take measures to combat the illicit trafficking of children and non-return of children who are outside the country .
- For this purpose, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements .
Article 12
- States Parties shall assure to the child who is capable of forming his own opinion , the right to express those opinions freely in all matters affecting the child , the views of the child should be given weight in accordance with the age and maturity of the child .
- For this purpose, the child shall in particular be provided the opportunity to be heard in court proceedings and administrative affecting the child , either directly , or through a representative or an appropriate body , in a manner consistent with the procedural rules national law .
Article 13
- The Son shall have the right to freedom of expression , this right includes 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 options child .
- Implementation of this right may be subject to certain restrictions , but it will only as prescribed by law and necessary :
( a) For respect of the rights or reputations of others ; or
( b ) For the protection of national security or public order , or of public health or morals .
Article 14
- States Parties shall respect the right of the child to freedom of thought , conscience and religion .
- States Parties shall respect the rights and duties of parents , and when applicable , legal guardians , to provide direction to the child in the exercise of their rights in a manner consistent with the ability of the developing child .
- Freedom to express one's religion or belief a person , be subject only to such limitations as are prescribed by law and are necessary to protect public safety , order, health or morals or the rights or fundamental freedoms of others.
Article 15
- States Parties recognize the rights of the child to freedom of assemble and freedom of peaceful assembly .
- No restrictions may be placed on the implementation of these rights , other than those imposed in accordance with the law and which are necessary in a democratic society , in the interests of national security or public safety , public order , the protection of public health or morals or the protection of the rights and freedoms of others.
Article 16
- No child shall be used as the target of intervention arbitrary or unauthorized access to personal privacy , family , home or correspondence , or of unlawful attacks on his honor and reputation .
- Children are entitled to the protection of the law against such interference or attack .
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 sources of national and international ; primarily aimed at the improvement of social welfare , spiritual and kesusilaannya and physical and mental health . For this purpose, 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 meaning of article 29 ;
( b ) Encourage international co-operation in the production , exchange and dissemination of information and material from a diversity of cultural , national sources and international ;
( 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 welfare in mind the provisions of articles 13 and 18 .
Article 18
- States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for mature jawwab and child development . Parents or , later however , legal guardians , have the primary responsibility for the maturation and development of children . Best interests of the child will be their basic concern .
- 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 .
- States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from services and child care facilities , for which they are eligible .
Article 19
- States Parties shall take all necessary 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 dive in the care of ( the ) parent , legal guardian or any other person who has the care of the child .
- These protective measures , as appropriate, should include effective procedures for the preparation of social programs to provide necessary support for those who have the care of children , and also for other forms of prevention and for identification , reporting , referral, investigation , treatment and follow-up events child abuse described before, and , as appropriate , for judicial involvement .
Article 20
- A child temporarily or remain deprived of his family environment , or which is best for its own sake is not allowed to remain in that environment , shall be entitled to special protection and assistance provided by the State .
- States Parties in accordance with their national laws ensure alternative care for such a child .
- Such care could include , inter alia , the placement of the child's parents , kafalah of Islamic law , adoption or if necessary placement in suitable institutions for the care of children . When considering resolutions has , then it should be given proper attention on a continuous desire in a child's education and the ethnic , religious , cultural and linguistic background of the child .
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 the laws and procedures applicable and based on all the information that is pertinent and reliable , that the adoption is permissible in view of the child's status concerning parents , relatives relatives and legal guardians and that, if required , the persons concerned have given their consent to the adoption by counseling as may be necessary ;
( b ) Recognize that inter-country adoption may be considered as an alternative means of child care , if the child can not be placed in a foster or an adoptive family or in any suitable manner be cared for in the child's country of origin ;
( c ) Ensure that the child concerned by inter-country adoption and protection standards commensurate with the protection and standards that exist 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 this chapter by making arrangements or agreements, bilateral or multilateral , and endeavor, within this framework kerrja , ensure that the placement of the child in another country is carried by parra authorities or organs authorized .
Article 22
- 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 the laws and procedures applicable international or domestic , whether unaccompanied or accompanied by his 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 the instruments of human rights or international humanitarian others , in which the said States are Parties .
- For this purpose, States Parties shall provide , as they consider appropriate , co-operation in any efforts by the United Nations and intergovernmental organizations other competent organizations or non - governmental , which cooperate with the United Nations to protect and assist such a child and to trace the parents or family members other than a refugee child in order to obtain information necessary for reunification with his family . In cases where no parents or other family members simply can not be found , the child shall be given the same protection as any other child permanently or temporarily deprived of his family environment for any reason , as set forth in this Convention .
Article 23
- States Parties recognize that a mentally handicapped child or physical disabilities should enjoy a full and decent life , in conditions that ensure dignity, promote self-confidence and facilitate the child's active participation in the community .
- States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources , the provision of the eligible child and those responsible for their care , assistance for which application is filed and the appropriate the state of the child and the circumstances of the parents or others caring for the child .
- By 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 who caring for the child , and should be designed to ensure that the disabled child has effective access to and receives education , training , health care services , rehabilitation services , preparation for work and recreation opportunities in a manner conducive to the achievement of the full social integration possible , and the child's individual development , including the development of culture and soul .
- 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 may be obtained 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 right to aksers to such health care services .
2 . States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures to :
( 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 primary health care ;
( c ) Fighting 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 ) Ensure health care before and after birth is right for mothers ;
( e ) 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 benefits 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 cooperation with the aim of achieving the realization of the rights recognized in the present article fully and progressively . 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 physical health or mental health or periodic review of the treatment provided to the child and all other circumstances relevant to its placement .
Article 26
- 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 .
- The benefits should , where appropriate, be granted , taking into account the sources and circumstances of the child and those responsible for maintaining and caring for the child , as well as any other consideration relevant to an application for benefits made by the child or on behalf of the child .
Article 27
- States Parties recognize the right of every child to a standard of living adequate for the rapidly developing physical , mental , spiritual , moral and social development .
- Parents or other persons responsible for the child have the primary responsibility to ensure within their abilities and financial capabilities , livelihood necessary for the child's development .
- States Parties , in accordance with national circumstances and within their means , shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall provide material assistance and support programs , particularly regarding nutrition , clothing and housing .
- States Parties shall take all appropriate measures to ensure the reimbursement for the child from the parents or other persons having financial responsibility for the child, not only in the State Party but also abroad . Especially , where the person having financial responsibility for the child lives in a State different from the State of the child , States Parties shall promote the accession to international agreements or the conclusion of such agreements , as well as the manufacture of arrangements another right .
Article 28
1 . States Parties recognize the right of the child to education , and with the aim of achieving this right progressively and on the basis of equal opportunity , they shall, in particular :
( a) Make primary education compulsory for all children and terbbuka ;
( b ) Encourage the development of forms of secondary education different , including general and vocational education , making education - the education available and accessible to every child , and take appropriate measures such as the introduction of free education and offering financial assistance if needed ;
( c ) Make higher education accessible to all children by ability with every appropriate means ;
( d ) Make educational and vocational information and guidance available and accessible to all children ;
( e ) Take measures to encourage attendance in school and decrease dropout 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 accordance with this Convention .
3 . States Parties shall promote and encourage international cooperation in matters relating to education , especially by contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and engineering knowledge and methods of teaching modern . In this regard , special attention should be paid to 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 the principles enshrined in the Charter of the United Nations ;
( c ) The development of respect for the child's parents , or her own cultural identity , language and values itself on the national values of the country in which the child is living, the country 's children may originate, and for civilizations different from his or her itself ;
( d ) 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 this article or article 28 shall be construed so as interfere with the freedom of people and agencies to create and direct educational institutions , subject always to the observance of the principles set forth in paragraph 1 of this Article and the requirements that the education given in such institutions shall meet the minimum standards as may be laid down by the State .
Article 30
In those countries in which ethnic , religious , or linguistic or persons of indigenous origin exist , a child belonging to such a minority or indigenous people can not be denied the right , in community with other members of the group.
