Convention on the Rights of the Child 2

Convention on the Rights of the Child

 

PART I

Article 1

For the purposes of the present Convention, a child means every human
being below the age of eighteen years unless, under the law applicable to
the child, majority is attained earlier.

Article 2

1. States Parties shall respect and ensure the rights set forth in the
present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child’s or his or her
parent’s or legal guardian’s race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the
child is protected against all forms of discrimination or punishment on the
basis of the status, activities, expressed opinions, or beliefs of the
child’s parents, legal guardians, or family members.

Article 3

1. In all actions concerning children, whether undertaken by public or
private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be
a primary consideration.

2. States Parties undertake to ensure the child such protection and care as
is necessary for his or her well-being, taking into account the rights and
duties of his or her parents, legal guardians, or other individuals legally
responsible for him or her, and, to this end, shall take all appropriate
legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and
facilities responsible for the care or protection of children shall conform
with the standards established by competent authorities, particularly in
the areas of safety, health, in the number and suitability of their staff,
as well as competent supervision.

Article 4

States Parties shall undertake all appropriate legislative,
administrative, and other measures for the implementation of the rights
recognized in the present Convention. With regard to economic, social and
cultural rights, States Parties shall undertake such measures to the
maximum extent of their available resources and, where needed, within the
framework of international co-operation.

Article 5

States Parties shall respect the responsibilities, rights and duties of
parents or, where applicable, the members of the extended family or
community as provided for by local custom, legal guardians or other persons
legally responsible for the child, to provide, in a manner consistent with
the evolving capacities of the child, appropriate direction and guidance in
the exercise by the child of the rights recognized in the present
Convention.

Article 6

1. States Parties recognize that every child has the inherent right to
life.

2. States Parties shall ensure to the maximum extent possible the survival
and development of the child.

Article 7

1. The child shall be registered immediately after birth and shall have the
right from birth to a name, the right to acquire a nationality and, as far
as possible, the right to know and be cared for by his or her parents.

2. States Parties shall ensure the implementation of these rights in
accordance with their national law and their obligations under the relevant
international instruments in this field, in particular where the child
would otherwise be stateless.

Article 8

1. States Parties undertake to respect the right of the child to preserve
his or her identity, including nationality, name and family relations as
recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of
his or her identity, States Parties shall provide appropriate assistance
and protection, with a view to speedily re-establishing his or her
identity.

Article 9

1. States Parties shall ensure that a child shall not be separated from his
or her parents against their will, except when competent authorities
subject to judicial review determine, in accordance with applicable law and
procedures, that such separation is necessary for the best interests of the
child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the
parents are living separately and a decision must be made as to the child’s
place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all
interested parties shall be given an opportunity to participate in the
proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated
from one or both parents to maintain personal relations and direct contact
with both parents on a regular basis, except if it is contrary to the
child’s best interests.
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4. Where such separation results from any action initiated by a State
Party, such as the detention, imprisonment, exile, deportation or death
(including death arising from any cause while the person is in the custody
of the State) of one or both parents or of the child, that State Party
shall, upon request, provide the parents, the child or, if appropriate,
another member of the family with the essential information concerning the
whereabouts of the absent member(s) of the family unless the provision of
the information would be detrimental to the well-being of the child. States
Parties shall further ensure that the submission of such a request shall of
itself entail no adverse consequences for the person(s) concerned.

Article 10

1. In accordance with the obligation of States Parties under article 9,
paragraph 1, applications by a child or his or her parents to enter or
leave a State Party for the purpose of family reunification shall be dealt
with by States Parties in a positive, humane and expeditious manner. States
Parties shall further ensure that the submission of such a request shall
entail no adverse consequences for the applicants and for the members of
their family.

2. A child whose parents reside in different States shall have the right to
maintain on a regular basis, save in exceptional circumstances personal
relations and direct contacts with both parents. Towards that end and in
accordance with the obligation of States Parties under article 9, paragraph
2, States Parties shall respect the right of the child and his or her
parents to leave any country , including their own, and to enter their own
country . The right to leave any country shall be subject only to such
restrictions as are prescribed by law and which are necessary to protect
the national security, public order (ordre public), public health or morals
or the rights and freedoms of others and are consistent with the other
rights recognized in the present Convention.

Article 11

1. States Parties shall take measures to combat the illicit transfer and
non-return of children abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or
multilateral agreements or accession to existing agreements.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention on the Rights of the Child, country.


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