Full Text
of the UN Child Rights Convention
(CRC)
The
Convention on the Rights of
the Child was adopted and
opened for signature, ratification
and accession by General Assembly
resolution 44/25 of 20 November
1989. It entered into force
2 September 1990, in accordance
with article 49.
Preamble
The States Parties to the
present Convention,
Considering that, in accordance
with the principles proclaimed
in the Charter of the United
Nations, recognition of the
inherent dignity and of the
equal and inalienable rights
of all members of the human
family is the foundation of
freedom, justice and peace
in the world,
Bearing
in mind that the peoples of
the United Nations have, in
the Charter, reaffirmed their
faith in fundamental human
rights and in the dignity
and worth of the human person
and have determined to promote
social progress and better
standards of life in larger
freedom,
Recognizing
that the United Nations has,
in the Universal Declaration
of Human Rights and in the
International Covenants on
Human Rights, proclaimed and
agreed that everyone is entitled
to all the rights and freedoms
set forth therein, without
distinction of any kind, such
as race, colour, sex, language,
religion, political or other
opinion, national or social
origin, property, birth or
other status,
Recalling
that, in the Universal Declaration
of Human Rights, the United
Nations has proclaimed that
childhood is entitled to special
care and assistance,
Convinced
that the family, as the fundamental
group of society and the natural
environment for the growth
and well-being of all its
members and particularly children,
should be afforded the necessary
protection and assistance
so that it can fully assume
its responsibilities within
the community,
Recognizing
that the child, for the full
and harmonious development
of his or her personality,
should grow up in a family
environment, in an atmosphere
of happiness, love and understanding,
Considering
that the child should be fully
prepared to live an individual
life in society and brought
up in the spirit of the ideals
proclaimed in the Charter
of the United Nations and
in particular in the spirit
of peace, dignity, tolerance,
freedom, equality and solidarity,
Bearing
in mind that the need to extend
particular care to the child
has been stated in the Geneva
Declaration of the Rights
of the Child of 1924 and in
the Declaration of the Rights
of the Child adopted by the
General Assembly on 20 November
1959 and recognized in the
Universal Declaration of Human
Rights, in the International
Covenant on Civil and Political
Rights (in particular in articles
23 and 24), in the International
Covenant on Economic, Social
and Cultural Rights (in particular
in article 10) and in the
statutes and relevant instruments
of specialized agencies and
international organizations
concerned with the welfare
of children, '
Bearing
in mind that, as indicated
in the Declaration of the
Rights of the Child, "the
child, by reason of his physical
and mental immaturity, needs
special safeguards and care,
including appropriate legal
protection, before as well
as after birth",
Recalling
the provisions of the Declaration
on Social and Legal Principles
relating to the Protection
and Welfare of Children, with
Special Reference to Foster
Placement and Adoption Nationally
and Internationally; the United
Nations Standard Minimum Rules
for the Administration of
Juvenile Justice (The Beijing
Rules) ; and the Declaration
on the Protection of Women
and Children in Emergency
and Armed Conflict,
Recognizing
that, in all countries in
the world, there are children
living in exceptionally difficult
conditions and that such children
need special consideration,
Taking
due account of the importance
of the traditions and cultural
values of each people for
the protection and harmonious
development of the child,
Recognizing
the importance of international
co-operation for improving
the living conditions of children
in every country, in particular
in the developing countries,
Have
agreed as follows:
Convention
on the Rights of the Child
(CRC) : PART I
Article
1
For the purposes of the present
Convention, a child means
every human being below the
age of eighteen years unless
under the law applicable to
the child, majority is attained
earlier.
Article 2
1. States Parties shall respect
and ensure the rights set
forth in the present Convention
to each child within their
jurisdiction without discrimination
of any kind, irrespective
of the child's or his or her
parent's or legal guardian's
race, colour, sex, language,
religion, political or other
opinion, national, ethnic
or social origin, property,
disability, birth or other
status.
2. States Parties shall take
all appropriate measures to
ensure that the child is protected
against all forms of discrimination
or punishment on the basis
of the status, activities,
expressed opinions, or beliefs
of the child's parents, legal
guardians, or family members.
Article
3
1. In all actions concerning
children, whether undertaken
by public or private social
welfare institutions, courts
of law, administrative authorities
or legislative bodies, the
best interests of the child
shall be a primary consideration.
2.
States Parties undertake to
ensure the child such protection
and care as is necessary for
his or her well being, taking
into account the rights and
duties of his or her parents,
legal guardians, or other
individuals legally responsible
for him or her, and, to this
end, shall take all appropriate
legislative and administrative
measures.
3.
States Parties shall ensure
that the institutions, services
and facilities responsible
for the care or protection
of children shall conform
with the standards established
by competent authorities,
particularly in the areas
of safety, health, in the
number and suitability of
their staff, as well as competent
supervision.
Article 4
States Parties shall undertake
all appropriate legislative,
administrative and other measures
for the implementation of
the rights recognized in the
present Convention. With regard
to economic, social and cultural
rights, States Parties shall
undertake such measures to
the maximum extent of their
available resources and, where
needed, within the framework
of international co-operation.
Article 5
States Parties shall respect
the responsibilities, rights
and duties of parents or,
where applicable, the members
of the extended family or
community as provided for
by local custom, legal guardians
or other persons legally responsible
for the child, to provide,
in a manner consistent with
the evolving capacities of
the child, appropriate direction
and guidance in the exercise
by the child of the rights
recognized in the present
Convention.
Article
6
1. States Parties recognize
that every child has the inherent
right to life.
2.
States Parties shall ensure
to the maximum extent possible
the survival and development
of the child.
Article
7
1. The child shall be registered
immediately after birth and
shall have the right from
birth to a name, the right
to acquire a nationality and.
as far as possible, the right
to know and be cared for by
his or her parents.
2.
States Parties shall ensure
the implementation of these
rights in accordance with
their national law and their
obligations under the relevant
international instruments
in this field, in particular
where the child would otherwise
be stateless.
Article 8
1. States Parties undertake
to respect the right of the
child to preserve his or her
identity, including nationality,
name and family relations
as recognized by law without
unlawful interference.
2. Where a child is illegally
deprived of some or all of
the elements of his or her
identity, States Parties shall
provide appropriate assistance
and protection, with a view
to re-establishing speedily
his or her identity.
Article
9
1. States Parties shall ensure
that a child shall not be
separated from his or her
parents against their will,
except when competent authorities
subject to judicial review
determine, in accordance with
applicable law and procedures,
that such separation is necessary
for the best interests of
the child. Such determination
may be necessary in a particular
case such as one involving
abuse or neglect of the child
by the parents, or one where
the parents are living separately
and a decision must be made
as to the child's place of
residence.
2.
In any proceedings pursuant
to paragraph 1 of the present
article, all interested parties
shall be given an opportunity
to participate in the proceedings
and make their views known.
3.
States Parties shall respect
the right of the child who
is separated from one or both
parents to maintain personal
relations and direct contact
with both parents on a regular
basis, except if it is contrary
to the child's best interests.
4. Where such separation results
from any action initiated
by a State Party, such as
the detention, imprisonment,
exile, deportation or death
(including death arising from
any cause while the person
is in the custody of the State)
of one or both parents or
of the child, that State Party
shall, upon request, provide
the parents, the child or,
if appropriate, another member
of the family with the essential
information concerning the
whereabouts of the absent
member(s) of the family unless
the provision of the information
would be detrimental to the
well-being of the child. States
Parties shall further ensure
that the submission of such
a request shall of itself
entail no adverse consequences
for the person(s) concerned.
Article 10
1. In accordance with the
obligation of States Parties
under article 9, paragraph
1, applications by a child
or his or her parents to enter
or leave a State Party for
the purpose of family reunification
shall be dealt with by States
Parties in a positive, humane
and expeditious manner. States
Parties shall further ensure
that the submission of such
a request shall entail no
adverse consequences for the
applicants and for the members
of their family.
2. A child whose parents reside
in different States shall
have the right to maintain
on a regular basis, save in
exceptional circumstances
personal relations and direct
contacts with both parents.
Towards that end and in accordance
with the obligation of States
Parties under article 9, paragraph
1, States Parties shall respect
the right of the child and
his or her parents to leave
any country, including their
own and to enter their own
country. The right to leave
any country shall be subject
only to such restrictions
as are prescribed by law and
which are necessary to protect
the national security, public
order (order 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:
»
For respect of the rights
or reputations of others;
or
» For the protection
of national security or of
public order (order 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 (order
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:
» 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;
» Encourage international
co-operation in the production,
exchange and dissemination
of such information and material
from a diversity of cultural,
national and international
sources;
» Encourage the production
and dissemination of children's
books;
» 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;
» 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:
» 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;
» 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;
» 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;
» 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
3.
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:
»
To diminish infant and child
mortality;
» To ensure the provision
of necessary medical assistance
and health care to all children
with emphasis on the development
of primary health care;
» 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;
» To ensure appropriate
pre-natal and post-natal health
care for mothers;
» 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;
» To develop preventive
health care, guidance for
parents and family planning
education and services.
» States Parties shall
take all effective and appropriate
measures with a view to abolishing
traditional practices prejudicial
to the health of children.
3.
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:
» Make primary education
compulsory and available free
to all;
» 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;
» Make higher education
accessible to all on the basis
of capacity by every appropriate
means;
» Make educational and
vocational information and
guidance available and accessible
to all children;
» 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:
»
The development of the child's
personality, talents and mental
and physical abilities to
their fullest potential;
» The development of
respect for human rights and
fundamental freedoms, and
for the principles enshrined
in the Charter of the United
Nations;
» 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;
» 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;
» 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:
»
Provide for a minimum age
or minimum ages for admission
to employment;
» Provide for appropriate
regulation of the hours and
conditions of employment;
» 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:
» The inducement or
coercion of a child to engage
in any unlawful sexual activity;
» The exploitative use
of children in prostitution
or other unlawful sexual practices;
» The exploitative use
of children in pornographic
performances and materials.
Article
35
States Parties shall take
all approp |