104/1991 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
Change: 41/2010 Coll., m.s.
The Federal Ministry of Foreign Affairs says that the 20 June. November
1989 was in New York adopted the Convention on the rights of the child. On behalf of the Czech and
Slovak Federal Republic, the Convention was signed in New York on
September 30, 1990.
With the Convention expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
Republic has ratified it. Instrument of ratification was deposited with the
the Secretary-General of the UNITED NATIONS, the depositary of the Convention, on 7 December. January 1, 1991.
Convention entered into force on the basis of its article 49, paragraph. 1 day 2.
September 1990. For the Czech and Slovak Federal Republic entered in the
force in accordance with its article 49, paragraph. 2 day 6. February 1991.
Czech translation of the Convention shall be published at the same time.
CONVENTION
on the rights of the child
States which are party to this Convention,
considering that, in accordance with the principles proclaimed in the Charter of the United Nations
It is the recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family, the Foundation of freedom, justice and peace in the
the world,
Bearing in mind that the peoples of the United Nations Charter reaffirmed its
faith in fundamental human rights, in the dignity and worth of the human person and
They expressed their determination to promote social progress and improve the
standards of living in larger freedom,
Recognizing that the United Nations, in the Universal Declaration of human rights and in the
the International Covenants on human rights, proclaimed and agreed on the
the fact that each of those rights in them, and without any
distinction according to 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
have argued that childhood is entitled to special care and assistance,
convinced that the family, as the basic unit of society and the natural
environment for the growth and well-being of all its members and particularly children, should have the
entitled to the necessary protection and assistance so that it can fully meet
its role in society,
Recognizing that, in the interest of full and harmonious development of the personality of the child must
growing up in a family environment, in an atmosphere of happiness, love and understanding,
considering that the child should be fully prepared to live in a society
own life 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 the need to secure the child the special care was
embodied in the Geneva Declaration of the rights of the child of 1924 and in the Declaration of the rights of
a child adopted by the United Nations in 1959 and recognized in the General
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 documents of the expert organisací and
international organizations concerned with the care of the welfare of children,
Bearing in mind that, as stated in the Declaration of the rights of the child adopted by the
The United Nations General Assembly 20. November 1959
"the child for his physical and mental immaturity, needs special safeguards
care and appropriate legal protection before birth and after ",
Recalling the provisions of the Declaration on social and legal protection and policy
ensuring the well-being of children, with special regard to the national and
the international adjustment of placement foster care, Minimum
the standard rules of the UNITED NATIONS relating to the performance of the judiciary with the participation
minors (the Beijing Rules), the Declaration on the protection of women and children for
emergencies and armed conflicts,
Recognizing that, in all countries of the world are children living in exceptionally
difficult conditions and that these children require special attention,
taking due account of the importance of the traditions and cultural values of each
nation for the protection and harmonious development of the child,
Recognizing the importance of international cooperation for the improvement of living
the conditions of children in every country, and particularly in developing countries,
agree on the following:
PART I
Article 1
For the purposes of this Convention, a child means every human being under the age of
of eighteen years, unless under the rule of law, to the child, not
the age of majority is reached earlier.
Article 2
1. the States which are Contracting Parties to this Convention undertake to
to respect and ensure the rights laid down in the present Convention to each child
persons under their jurisdiction, without any discrimination, in accordance with
race, colour, sex, language, religion, political or
other opinion, national, ethnic or social origin,
assets, physical or mental incapacity, birth and other status
the child's or his or her parents or legal representatives.
2. the States which are party to the Convention, shall take all necessary
measures to ensure that the child is protected against all forms of discrimination
or punishment, deriving from the status, activities, expressed
the opinions or beliefs of his parents, legal representatives or members of the
family.
Article 3
1. interest of the child shall be a primary consideration in any activity
concerning children, whether undertaken by public or private
social care facilities, courts, administrative or legislative authorities.
2. the States which are party to the Convention, to undertake to ensure
the child such protection and care as is necessary for his welfare, while
take into account the rights and obligations of the parents, legal representatives or
other individuals legally responsible for him, and for it all
the necessary legislative and administrative measures.
3. States which are party to the Convention, shall ensure that the institutions,
services and facilities responsible for the care and protection of children meet the
the standards laid down by the competent authorities, in particular in the areas of
safety and health, in the number and suitability of their staff, as well as
and competent supervision.
Article 4
States that are party to the Convention, shall take all necessary
legislative, administrative and other measures for the implementation of the rights recognised by this
the Convention. As regards the economic, social and cultural rights, States,
that are party to the Convention, such measures are carried out in
to the maximum extent of its means and, if necessary, in the framework of the
international cooperation.
Article 5
States which are party to this Convention undertake to respect the
the responsibilities, rights and duties of parents or, in appropriate cases,
and in accordance with local custom, the members of the extended family or community, legal
agents or other persons legally responsible for the child, which seek to
its orientation and the streamlining of the security in the exercise of the rights under the Convention in the
accordance with its evolving capacities.
Article 6
1. The States parties recognize that every child has
the natural right to life.
2. the States which are party to the Convention, to ensure the highest
to the extent possible the preservation of life and the development of the child.
Article 7
1. Each child is registered immediately after birth, and has the right from birth
on the name, the right to a nationality, and if it is possible, the right to know
their parents and the right to their care.
2. the States which are party to the Convention, to ensure the implementation of the
These rights in accordance with their national legislation and in accordance
with their obligations under the relevant international legal
documents in this area, with particular attention to child left
without nationality.
Article 8
1. the States parties to the Convention undertake to respect the
the right of the child to preserve his/her identity, including nationality,
the name and the family in accordance with the compliance with the law and with the exclusion of
illegal interference.
2. If the child is unlawfully deprived of a partially or completely his identity,
secures him the States that are party to the Convention, the necessary assistance
and protection for her speedy recovery.
Article 9
1. the States which are party to the Convention shall ensure that a child could not
be separated from their parents against their will, unless the competent authorities of the
on the basis of a court decision and in accordance with applicable law and in
the control will determine that such separation is necessary in the interest of the child.
Such determination may be necessary in a particular case,
for example, in the case of abuse or neglect of the child's parents or
where the parents live separately and it is necessary to determine the place of residence of the child.
2. In any proceedings pursuant to paragraph 1 shall be granted to all affected
Parties the opportunity to participate in the proceedings and communicate their opinions.
3. The States parties recognize the right of the child
separated from one or both parents to maintain regular personal
contacts with both parents, unless this would be contrary to the interests of the child.
4. If the child's separation from parents is the result of any procedure
a State which is a Contracting Party to the Convention, such as binding, incarceration,
termination, deportation or death (including death arising from any
cause at a time when the person was in the custody of the State) of one or
both parents of the child, the State which is a Contracting Party to the Convention, on the
the request shall provide the parents, the child or, if appropriate, another Member of the family
the necessary information on the place of the stay away (absent) Member
(members) of the family unless the provision of such information would be contrary to the interest of the
of the child. States that are party to the Convention, in addition, shall ensure
that the submission of such a request in itself did not have any adverse consequences
for the person (the person concerned).
Article 10
1. For the purpose of family connection, and in accordance with the obligation under article. 9 (2). 1
States that are party to the Convention, to consider the request of the child or
his parents about the entry into the territory of a State which is a Contracting Party to the Convention,
or about his leaving the positive, humane, and accelerated manner. States,
that are party to the Convention, to further ensure that the submission of such
the request did not have any adverse consequences for the applicant or members of his
family.
2. A child whose parents reside in different States, to the exceptional
circumstances, the right to maintain regular personal contacts and direct contacts with the
both parents. For this purpose, and in accordance with its commitment under article. 9
paragraph. 1 States that are parties to the Convention recognize the right of the child
and his parents to leave any country, even his own, and to enter into the
their own country. The right to leave any country shall be subject only to such
restrictions which are prescribed by law and which are necessary for the protection of national
security, public order, public health or morals or the rights of
and freedoms of others and are consistent with the other rights recognized in
This Convention.
Article 11
1. the States which are party to the Convention, the measures to combat
the illegal movement of children abroad and their non-refoulement back.
2. For this purpose, the States which are party to the Convention,
to strive for the conclusion of bilateral and multilateral agreements and access to
the existing agreements.
Article 12
1. the States which are party to the Convention, provide for the child, that
It is capable of forming their own views the right to express those views freely
Express in all matters that concern it, taking
views of the child must pay the appropriate attention corresponding to his age and the
level.
2. for this purpose, the child shall in particular be provided the opportunity to
heard in any judicial or administrative proceedings, which concerns it, and
either directly or through a representative or an appropriate body,
with the way the hearing must be in accordance with the procedural rules
the national legislation.
Article 13
1. A child has the right to freedom of expression; This right includes freedom
seek, receive and impart information and ideas of all kinds, without
regardless of frontiers, either orally, in writing or in print, through art
or any other means, at the choice of the child.
2. the exercise of this right may be subject to certain restrictions, but these
the restrictions will only be such as are prescribed by law and are necessary:
and to respect the rights or) the reputation of the other;
(b)) for the protection of national security or of public order, public
health or morals.
Article 14
1. States parties recognize the right of the child to
freedom of thought, conscience and religion.
2. the States which are party to the Convention, recognize the rights and
the duties of parents and legal guardians in the appropriate cases,
guide the child in the exercise of his rights in a manner that corresponds to its
emerging capabilities.
3. the Freedom to manifest religion or belief may be subject only to
such restrictions as are prescribed by law and which are necessary for the protection
public safety, order, health or morals or the fundamental rights of the
and freedoms of others.
Article 15
1. States parties recognize the right of the child to
freedom of Association and freedom of peaceful assembly.
2. the exercise of these rights may not be restricted in any way, except for those
restrictions which are prescribed by law and which are necessary in a democratic society
in the interests of national security or public safety, public
order, public health or morals or the protection of the rights and freedoms of others.
Article 16
1. No child shall be subjected to arbitrary interference with his
private life, family, home or correspondence, nor to unlawful
attacks on his honour and reputation.
2. The child has the right to legal protection against such interference or attacks.
Article 17
States that are party to the Convention, recognize the important function
the mass media and provide access to the child
information and material from various national and international sources,
in particular, which are focused on the development of social, spiritual, and
the moral well-being of the child and also his physical and mental health. For
to this end, the States which are party to the Convention, shall encourage:
and) the mass media to disseminate information and materials
are for the child socially and culturally beneficial and which correspond to the spirit of the
Article 29 of this Convention,
(b)) in the formation of international cooperation, Exchange and dissemination of such
the information and materials from a variety of cultural, national and international
resources,
(c)) the creation and distribution of children's books,
(d)), the mass media, in order to take special account of the
the linguistic needs of children belonging to a minority group or who is
the population,
(e) the creation of the relevant principles of protection) of the child from information and
materials harmful to their well-being, bearing in mind the provisions of articles
13 and 18 of the Convention.
Article 18
1. the States which are party to the Convention, shall make every effort to
It was recognized that the principle that both parents have common responsibility
for the upbringing and development of the child. The parents, or, in appropriate cases,
legal guardians, have the primary responsibility for the upbringing and development of the child.
The basic purpose of their care must be the interest of the child.
2. For the purpose of guaranteeing and promoting the rights set out in this Convention
are the States that are party to the Convention, parents and legal
representatives of the necessary assistance in performing their task of educating children and
ensure the development of institutions, facilities and services for the care of children.
3. States which are party to the Convention shall take all appropriate
measures to ensure the right of children of working parents
use the services and childcare facilities, which are intended for them.
Article 19
1. States parties shall take all appropriate
legislative, administrative, social and educational measures to protect children from
any physical or mental violence, abuse, urážením or
including sexual abuse, neglect or negligent treatment,
harassment or exploitation during times when they are in the care of one or
both parents, legal representatives or any other person who has the care
about the child.
2. The safeguard measures shall include, as appropriate, effective procedures to
the creation of social programmes to provide necessary support
and those to whom the child is entrusted, as well as other forms of prevention. For the purposes of
the detection, reporting, referral, investigation, treatment and follow-up
the monitoring of the above mentioned cases of mistreatment of children include
also according to the appropriate procedures for the intervention of the judicial authorities.
Article 20
1. A child temporarily or permanently deprived of their family environment or
the child, in its own interest cannot be left in this
the environment has the right to special protection and assistance provided by the State.
2. the States which are party to the Convention shall provide such child
in accordance with their national laws ensure alternative care.
3. such care could include, inter alia, the surrender to the education, Institute of
the "kafala" according to Islamic law, adoption and, where necessary,
the location to the appropriate child care facilities. When choosing a solution
take the necessary account of the desirability of continuity in the child's upbringing and to his
ethnic, religious, cultural and linguistic origins.
Article 21
States that are party to the Convention and which accept and (or)
permit the system of adoption shall ensure that, in the first instance took into account the
the interest of the child, and
and ensure that the) adoption of a child permitted only to
the competent authorities in accordance with applicable law and in
established on the basis of all relevant and reliable
information determines that the adoption is permissible in terms of the position of the child in the
relation to the parents, relatives and legal representatives and that, if required,
that the persons concerned have informed consent to the adoption, after such consultation, the
that may prove necessary;
(b)) recognize that adoption in a foreign country can be considered as an alternative method of
care for the child, if the child cannot be forwarded to education in care facilities
the children or the family of the adopter, or they cannot be cared for by other suitable
manner in the country of origin;
(c)) shall ensure that a child adopted in another country has benefited from the same warranties and
the rights, which would apply in the case of adoption in their own country;
(d)) shall take all measures necessary to ensure that the adoption in a foreign
the country does not lead to undue financial gain involved persons;
e) support, where necessary, the objectives of this article, the conclusion
bilateral or multilateral agreements or treaties and within the
strive to place the child in care in another country was
to be made to the competent authorities or bodies.
Article 22
1. the States which are party to the Convention, shall take the measures necessary to
ensure that the child applying for refugee status or
that is in accordance with the applicable international or national law and
the procedure was considered a fugitive, whether it be in the company of their parents,
other persons or unaccompanied, received the necessary protection and
humanitarian assistance in the use of the rights laid down in this Convention and other
documents in the field of international humanitarian law and human rights,
which are referred to States parties.
2. for this purpose, the States which are party to the Convention, support,
If they consider it necessary, the synergy in the efforts of the United Nations
and other competent intergovernmental organizations or non-governmental organizations
cooperating with the United Nations to protect and assist such a child
and to search for the parents or other members of the family of the child-refugee status with the
order to obtain information necessary for reunification with his family.
If the parents or other family members cannot be found,
the child the same protection as any other child for any reason
permanently or temporarily deprived of their family, as provided for by this
the Convention.
Article 23
1. States parties recognize that a mentally or
the disabled child has to enjoy a full and proper life in conditions of
securing dignity, confidence, and support to enable
the active participation of the child in society.
2. the States which are parties to the Convention recognize the right of the affected
of the child to special care, depending on the extent of existing resources
support and ensure the legitimate child and persons who take care of them
care, the assistance of the corresponding State of the child and the situation of the parents
or other persons who take care of the child.
3. Recognizing the special needs of a disabled child, assistance in accordance with the
paragraph 2 provides, free of charge, as far as possible with regard to the financial
resources of the parents or other persons for the child care, and need to
the security of the affected child's effective access to education,
professional training, health care, rehabilitation care, the preparation of the
for work and rest, and the way to achieve the
the largest engagement of the child in society and the highest degree of
development of his personality, including his cultural and spiritual development.
4. States which are party to the Convention, in the spirit of the international
cooperation support the exchange of relevant information in the field of
preventive health care and of medical, psychological and functional
treatment in the case of disabled children, including dissemination of and access to
information concerning methods of rehabilitation education and professional
training to States which are party to the Convention, to
improve their capabilities and skills and to widen their experience in
these areas. In this regard, takes special account of the needs of the
in the developing countries.
Article 24
1. States parties recognize the right of the child to
achieve the maximum attainable level of health and to the use of
therapeutic and rehabilitation equipment. States which are party to
of the Convention, shall endeavour to ensure that no child shall be deprived of his
the right of access to such health care services.
2. the States which are party to the Convention, shall monitor the implementation of the full
This law and, in particular, the necessary measures shall be:
and to the reduction of) infant and child mortality;
(b)) to ensure the necessary medical assistance and health care for all
children with an emphasis on the development of primary health care;
c) to combat disease and malnutrition, also within the framework of primary health care,
among other things also the use of readily available technology and through the provision of
enough nutritious foods and clean drinking water, taking into account the
dangers and risks of environmental pollution;
(d)) to provide appropriate care to mothers before and after childbirth;
(e)) to ensure that all components of society, in particular parents and
the children were informed about the health and nutrition of children, breastfeeding,
hygiene, sanitary conditions of children and the prevention of
accidents, and to have access to education and are supported by
When the use of these basic knowledge;
(f)) to the development of public education and services in the field of preventive health care,
counselling services for parents and family planning education.
3. States parties shall take all effective and
the necessary measures to eliminate all traditional practices prejudicial to the health of
of the children.
4. States which are party to the Convention undertake to promote
international cooperation for the gradual achievement of the full implementation of the rights of
recognised in this article. In this context, taking account of the specific
needs of developing countries.
Article 25
States which are party to this Convention recognise the right of the child, which
It was entrusted by the competent authorities to care, protection or treatment of body
or mental health of the replacement equipment, regular guest
the treatment of the child and all other circumstances connected with its
the location.
Article 26
1. the States parties to the Convention recognize the right of each
of the child to the benefits of social security, including social insurance, and
makes the necessary measures to achieve the full implementation of this right in
accordance with national law.
2. These benefits shall provide with regard to resources and
the possibility of the child and the persons who take care of them, as well as with regard to the
all the other aspects, which are linked to applications for
These advantages brought by the child, or for the benefit of the child.
Article 27
1. States parties recognize the right of each
of the child to the level necessary for his physical, mental, spiritual,
the moral and social development.
2. the parent (s) or any other person for the child care, within
their abilities and financial possibilities of the basic responsibility for the
the living conditions of security necessary for the development of the child.
3. States which are party to the Convention, in accordance with the conditions
the State, within their capabilities, and makes the necessary arrangements for the
the provision of assistance to parents and other persons who take care of the child, to
the implementation of this right and, in case of need provide material
assistance and support programmes, in particular in the area of food security
clothing and housing.
4. States which are party to the Convention shall take all measures
necessary to ensure restoration of child care by parents or other
persons that bear the financial responsibility for the child, whether on the territory of the State,
which is a Contracting Party to the Convention, or in another country. In particular in those
cases where persons that bear the financial responsibility for the child, live in
another State than child, States that are party to the Convention,
support access to international agreements or the conclusion of such agreements
and also achieve other relevant agreements.
Article 28
1. States parties shall recognize the right of the child, the Convention on the
education and with a view to the progressive implementation of this law and on the basis of
equal opportunities, in particular:
and for all the children) introduced free and compulsory primary education;
(b) encourage the development of different forms of) secondary education, including
General and vocational education, shall be acceptable and available for each
child and take other appropriate measures such as the introduction of
free education and, if necessary, the provision of financial
the aid;
(c)) expose all children information and advisory service in the area
education and vocational training;
(e)) adopted measures to encourage regular school attendance and to reduce the
the number of those who do not complete school.
2. the States which are party to the Convention shall take all measures
necessary to ensure that discipline in school was provided by way of
manner consistent with the child's human dignity and in accordance with this Convention.
3. States which are party to the Convention, develop and support
international cooperation in matters relating to education, in particular with
to contribute to the Elimination of ignorance and illiteracy throughout the world and with the
to facilitate access to scientific and technical knowledge and modern methods
teaching. In the context of the special account shall be taken of the development of the country.
Article 29
1. The States parties agree that education
the child has to be directed to:
and the development of the personality of the child), his talents and mental and physical
the ability of the widest possible volume;
(b) focused on strengthening the education of) respect for human rights and fundamental
freedoms, and the principles enshrined in the Charter of the United Nations;
(c) the education aimed at strengthening), respect for the child's parents, to their own
culture, language and values, for the national values of the country of residence,
as well as the country of origin, and to other civilizations;
(d) the preparation of the child for responsible) life in a free society in a spirit of
understanding, peace, tolerance, gender equality and friendship among
all peoples, ethnic, national and religious groups and
persons of indigenous origin;
(e) the education aimed at strengthening) respect for the natural environment.
2. No part of this article or article 28 shall be construed in a manner
restricting the freedom of individuals and organizations to establish and manage educational
of the institution. in all circumstances, however, it is necessary to ensure compliance with the
the principles laid down in paragraph 1 of this article and of the conditions as to
education provided by these institutions reflect the minimum
the standards laid down by the State.
Article 30
In those States where there are ethnic, religious or linguistic
minorities or persons of indigenous origin, must not be a child belonging to the
such a minority or who is denied the right of the population together with the
members of their group, to enjoy their own culture, to profess and practice
their own religion and use their own language.
Article 31
1. States parties recognize the right of the child to
rest and leisure, to participate in the game and recreational activities
appropriate to his age, as well as the freedom of participation in cultural life and
artistic activity.
2. the States which are party to the Convention, and ensure
the right of the child to comprehensive participation in cultural and artistic life, and
helping to ensure that children are given adequate and equal
options in the area of cultural, artistic, recreational activities and the use of
free time.
Article 32
1. States parties recognize the right of the child to
protection from economic exploitation and from performing any
work that may be hazardous or impede his education,
or that would be harmful to the child's health or physical, mental,
spiritual, moral or social development.
2. the States which are party to the Convention, and to adopt legislative,
administrative, social and educational measures to ensure the implementation of this
article. To this end, and having regard to the relevant provisions of other
international documents, the States which are party to the Convention,
in particular:
and the lowest age limit) or border for the entry into
employment;
(b)) provides for a corresponding adjustment of working hours and conditions of employment:
(c)) provides for appropriate penalties or other sanctions to effective security
the implementation of this article.
Article 33
States that are party to the Convention shall take all necessary
the measures, including legislative, administrative, social and cultural
the measures, to protect children from the illicit use of narcotic drugs and
psychotropic substances defined by the relevant international conventions and
to prevent the use of children in the illicit production and trafficking
These substances.
Article 34
States that are party to the Convention, to undertake to protect the child from the
all forms of sexual exploitation and sexual abuse. To
the security of this commitment of the States, in particular, shall take the necessary
national, bilateral and multilateral measures to
Prevention:
and the seduction of children) or coercion to any unlawful sexual activity;
(b)) the use of children in prostitution or other unlawful sexual
practices for the purpose of financial enrichment;
(c)) use of children in pornography, and in the production of pornographic materials
for the purpose of financial enrichment.
Article 35
States that are party to the Convention shall take all necessary
national, bilateral and multilateral measures to prevent the abduction of
children, selling and trafficking of children for any purpose and in
any form.
Article 36
States that are party to the Convention, protects the child against all
other forms of exploitation, which in any way harmful to the well-being of
of the child.
Article 37
States that are party to the Convention shall ensure that:
and no child shall be subjected to) torture or other cruel, inhuman
or degrading treatment or punishment. For offences committed
persons younger than 18 years of age will not be saved, the death penalty and prison sentence
life imprisonment without the possibility of release;
(b)) no child shall be deprived of liberty unlawfully or arbitrarily. The arrest,
the detention or imprisonment of a child shall be carried out in accordance with the law and uses
only as extreme measures and to the shortest necessary period of time;
(c)) with each child freedom was largely treated with humanity and with the
respect for the innate dignity of human beings, and in a way that takes account of
to the needs of the age. Above all, every child must be placed
separately from adults, unless they consider that it is not separate from
the adult is in its own interest, and with the exception of serious circumstances
must have the right to maintain a written and direct contact with his family;
(d) every child deprived of liberty) should have the right to immediate access to legal
or other appropriate assistance, as well as the right of appeal to the Court or
other competent, independent and impartial authority against a decision
about the imprisonment and in any such case the adoption of urgent
decision.
Article 38
1. States parties undertake to respect and to
ensure compliance with the standards of international humanitarian law, which
apply to them in the event of armed conflict and which affect
of the child.
2. the States which are party to the Convention shall take all feasible
measures to ensure that persons who have not reached the age of
fifteen years, directly participate in hostilities.
3. States which are party to the Convention, the present recruiting among those to
their armed forces persons under 15 years of age. In recruiting among those persons,
who have reached the age of fifteen years but under the age of eighteen years,
preferably an older person.
4. In accordance with their obligations under international humanitarian law,
which are related to the protection of civilians in armed
conflicts, States that are party to the Convention shall take all
practicable measures to ensure the protection of children affected by conflict
and care for them.
Article 39
States that are party to the Convention shall take all necessary
measures to promote the physical and mental recovery and social
reintegration of the child victim of any form of neglect, exploitation
for the purpose of financial enrichment or abuse, torture or any other
forms of cruel, inhuman or degrading treatment or punishment or the
the armed conflict. Recovery and reintegration shall take place in the place and
environment that supports health, self-respect and dignity of the child.
Article 40
1. States parties recognize the right of the child
the accused, the accused or recognized guilty of violation of criminal
the rights to such treatment, which develops the child's sense of dignity and for
the honor, which again reinforces the child's respect for human rights and fundamental
freedoms of others and takes into account the age of the child, facilitates the reintegration and
the involvement of children in economic activities in society.
2. To this end, and having regard to the relevant provisions of the
international legal documents to States which are party to the Convention,
in particular, ensure that:
and no child shall be alleged as), or having recognized guilty of violating
criminal law for acts or omissions that were not prohibited
national or international law at the time when they occurred;
(b) every child alleged as or) accused of violating the criminal law should
at least the following guarantees;
I) be deemed innocent until, when according to the law it is established
fault;
(ii)) be immediately and directly, where necessary, through its
the parents or legal representative shall be informed of the charges against him
raised, and have in the preparation of his defence and for the application of the laws, regulations or
other necessary assistance;
(iii)) that the matter be resolved without delay in accordance with the law
competent, independent and impartial authority or judicial body in a
fair process in the presence of a legal representative or other
the matching person and in the presence of the parents or legal representatives
the child, unless it is considered that their presence, particularly with respect
the age and situation of the child, is not in his interest;
(iv)) that it is not forced to testify or to confess guilt; in order to
get acquainted with the depositions of the witnesses either directly or through the other and
in order to ensure equal participation of witnesses the defence and guest
their evidence;
in) if it was decided that the child against criminal provinilo
the law, to this decision, as well as any taken in consequence
measures, in accordance with the law to review the higher final
independent and impartial authority or judicial body;
(vi)) to ensure the free assistance of an interpreter if the child
does not understand the language used in the proceedings or speak;
VII) that in all stages of the procedure was fully recognised his privacy.
3. States which are party to the Convention, shall endeavour to trace the development
laws and legal procedures, the establishment of bodies and institutions, especially
intended for the children of the accused, indicted or recognized guilty of violations of the
criminal law and, in particular, of:
and the determination of the lowest age limit), before which the achievement of children
considered ineligible to violate criminal law;
(b)), if necessary, the adoption of measures for dealing with such children without
the use of judicial procedures, provided the full observance of human rights and
legal guarantees.
4. It is necessary to create the various guarantees, such as the care service,
the rules on counselling and supervision; consultative services; the introduction of the
the trial period; foster care; education and training programmes
the security of such treatment of children, which corresponds to their well-being,
as well as to their circumstances and the offence.
Article 41
Nothing in this Convention shall not affect the provisions that to a greater extent
assist the implementation of the rights of the child and which may be contained in:
and the legal order of the State) which is a Contracting Party, or
(b)), the international law that is binding for that State.
PART II
Article 42
States that are party to the Convention, to undertake with the use of
the corresponding resources widely inform about the principles and provisions of the
of this Convention as between adults and children.
Article 43
1. For determining the progress achieved by the States which are a party to the
the Convention, in the implementation of commitments adopted by the Convention Committee for
the rights of the child, which shall perform the functions set out below.
2. the Committee shall consist of ten experts of high moral character and
recognised skills in an area that is the subject of this Convention.
Members of the Committee are elected by the States that are party to the Convention,
among their nationals and shall exercise that function as private
the person taking into account equitable geographical distribution and to the
the representation of the principal legal systems.
3. the members of the Committee shall be elected by secret ballot from a list of persons
proposed by the States that are party to the Convention. Any State which
is a Contracting Party to the Convention, may appoint one of its citizens.
4. the first elections to the Committee shall be held no later than six months from the date of
When this Convention enters into force, and thereafter every two years. At least four
months before the date of every election the Secretary-General of the United
Nations letter inviting States which are party to the Convention, in order to
two months to submit their proposals. The Secretary General then prepares
list of all the persons thus nominated, in alphabetical order, with an indication of the States,
that these individuals have put forward, and shall submit to the States which are Contracting
party to the Convention.
5. the elections shall be held at meetings of States parties
the Convention, convened by the Secretary-General of the United Nations. On
These meetings, in which two thirds of the States which are Contracting
party to the Convention, constitute a quorum of the Committee are chosen by those individuals that
receives the largest number of votes and an absolute majority of the votes of those present and
voting representatives of States that are party to the Convention.
6. the members of the Committee are elected for a term of four years. The withdrawing member
You can vote again, if it is designed. The term of Office of five members of the Committee
elected in the first election shall expire at the end of the second year; immediately after the
the first election of Chairman at the meeting of the names of these five members.
7. If a member of the Committee dies or resigns or be notified of
any reason not to continue to perform his duties in the Committee, the State,
which is a Contracting Party to the Convention and that it proposed for the candidate,
shall designate another of its citizen, who, with the consent of the Committee performs the function of
After the rest of the term.
8. the Committee shall draw up its own rules of procedure.
9. The Committee shall elect its officers for a term of two years.
10. the meetings of the Committee shall normally be held at the headquarters of the United Nations or in the
another convenient place designated by the Committee. The Committee shall meet regularly
Once a year. Determine the duration of the meetings of the Committee and, if necessary,
control the States that are party to the Convention, at its meeting,
subject to the approval by the General Assembly.
11. The Secretary-General of the United Nations shall provide the staff and facilities
needed to effectively fulfil the functions of the Committee under this Convention.
12. With the approval of the General Assembly will receive the members of the Committee established
in accordance with this Convention the remuneration from the resources of the United Nations under the terms of
decided upon by the General Assembly.
Article 44
1. the States which are party to the Convention shall undertake to submit
through the Secretary-General of the United Nations, reports on the
the measures taken to placing the rights recognised in the Convention and in the life of the
progress was achieved in the use of these rights:
and) within two years from the date on which they became party to the Convention;
(b) thereafter every five years).
2. In the reports referred to in this article, point out any fact and
difficulties relating to the degree of fulfilment of the obligations under this Convention. Messages
also contain information sufficient to ensure full
an overview of the Committee on the implementation of the Convention in the country concerned.
3. A State which is a Contracting Party to the Convention by the Committee
comprehensive introductory message, not in the the following reports submitted
on the basis of paragraph 1 (b). (b) repeat basic information provided)
previously.
4. the Committee may, from the States that are party to the Convention, should
For more information relevant to the implementation of the Convention.
5. the Committee shall, through the economic and Social Council shall submit to the General
Assembly of the United Nations every two years, a report on its activities.
6. the States which are party to the Convention, their reports make
the general public in their own country.
Article 45
To ensure the effective implementation of the Convention and to encourage international
cooperation in the field covered by this Convention:
and Professional organizations, UNICEF) and other bodies of the United Nations shall have the right
be present at the negotiations on the implementation of the provisions of this Convention, which
fall within the scope of their activities. The Committee may invite the expert
the Organization, UNICEF and other competent authorities according to their reasoning, to submit
the views of experts on the implementation of the Convention in areas falling within their
activity.
(b)), the Committee may consider progressing to professional organizations, UNICEF, and other
the competent authorities of the reports received to the States which are a party to the
the Convention, containing a request or need technical advice, showing on the
or assistance, where appropriate, supplemented by notes or suggestions to the Committee on
These requests or notifications.
(c)), the Committee may recommend to the General Assembly that requested the General
on behalf of the Secretary-General to the General Assembly carried out the investigation on
the specific issues which are related to the rights of the child.
(d)), the Committee may make suggestions and general recommendations based on the
information received pursuant to articles 44 and 45 of the Convention. These
suggestions and general recommendations shall be forwarded to the State, which is
Contracting Party to the Convention, and shall be communicated to the General Assembly at the same time with
any comments by States, which are party to the Convention.
PART III
Article 46
This Convention is open for signature by all States.
Article 47
This Convention is subject to ratification. The instruments of ratification shall be deposited with the
the Secretary-General of the United Nations.
Article 48
This Convention is subject to ratification. The instruments of ratification shall be deposited with the
the Secretary-General of the United Nations.
Article 49
1. This Convention shall enter into force on the thirtieth day after the day of deposit of the 20th
instrument of ratification or instrument of accession with the Secretary-General of the
Of the United Nations.
2. For each State which has ratified the Convention or after
deposit of the 20th instrument of ratification or instrument of accession, it shall enter
the Convention enters into force on the thirtieth day after the deposit of its instrument of ratification, or
the instrument of accession.
Article 50
1. Any State which is a Contracting Party to the Convention may propose
amendment to the Convention and submit it to the Secretary-General of the United Nations.
The Secretary General then acquainted with amendment states that
are party to the Convention, requesting that he communicated, whether they are for
the convening of the Conference of the States parties to the Convention, which would
assess the proposal and decided on it. The Secretary General shall convene the
the Conference under the auspices of the United Nations, to
at least one third of the States for its arrangement. Each amendment
adopted by a majority of the States which are party to the Convention, the present and the
voting at the Conference shall be submitted to the General Assembly of the Organization
the United Nations for approval.
2. change the consent on the basis of paragraph 1 of this article shall enter into
force, if approved by the General Assembly of the United Nations, and
adopted by a two thirds majority of the States which are a party to the
of the Convention.
3. The entry into force of the amendment, it becomes binding for the States, which are
Contracting Party to the Convention which have accepted it. The other States that are
Contracting Party to the Convention, continue to be bound by the provisions of this Convention only
and any earlier amendments that they have adopted.
Article 51
1. The Secretary-General of the United Nations receives and circulate to all States
the text of the reservations made by States at the ratification or accession to the Convention.
2. reservation, incompatible with the object and purpose of this Convention,
does not allow.
3. Reservations may be withdrawn at any time, notification to the
the Secretary-General of the United Nations, who shall inform all States.
Such notification shall be effective on the day on which it was delivered to the
the Secretary-General.
Article 52
A State which is a Contracting Party to the Convention may denounce this Convention
by written notification to the Secretary-General of the United Nations. The denunciation
will become effective one year after the date on which it was delivered to the
the Secretary-General.
Article 53
This Convention shall be deposited with the Secretary-General of the United Nations.
Article 54
With the Secretary-General of the United Nations will be saved to the original text of this
the Convention, of which the English, Arabic, Chinese, French, Russian and Spanish
texts being equally authentic.
On the evidence of the undersigned agents, who are duly
instructed by their Governments, have signed this Convention.
Done at New York on 20. November 1989.
