Convention on the Rights of the Child

 

Article 39

States Parties shall take all appropriate measures to promote physical
and psychological recovery and social reintegration of a child victim of:
any form of neglect, exploitation, or abuse; torture or any other form of
cruel, inhuman or degrading treatment or punishment; or armed conflicts.
Such recovery and reintegration shall take place in an environment which
fosters the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child alleged as, accused
of, or recognized as having infringed the penal law to be treated in a
manner consistent with the promotion of the child’s sense of dignity and
worth, which reinforces the child’s respect for the human rights and
fundamental freedoms of others and which takes into account the child’s age
and the desirability of promoting the child’s reintegration and the child’s
assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of
international instruments, States Parties shall, in particular, ensure
that:

(a) No child shall be alleged as, be accused of, or recognized as having
infringed the penal law by reason of acts or omissions that were not
prohibited by national or international law at the time they were
committed;

(b) Every child alleged as or accused of having infringed the penal law
has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or
her, and, if appropriate, through his or her parents or legal guardians,
and to have legal or other appropriate assistance in the preparation and
presentation of his or her defence;

(iii) To have the matter determined without delay by a competent,
independent and impartial authority or judicial body in a fair hearing
according to law, in the presence of legal or other appropriate assistance
and, unless it is considered not to be in the best interest of the child,
in particular, taking into account his or her age or situation, his or her
parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess quilt; to examine
or have examined adverse witnesses and to obtain the participation and
examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision
and any measures imposed in consequence thereof reviewed by a higher
competent, independent and impartial authority or judicial body according
to law;

(vi) To have the free assistance of an interpreter if the child cannot
understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages of the
proceedings.

3. States Parties shall seek to promote the establishment of laws,
procedures, authorities and institutions specifically applicable to
children alleged as, accused of, or recognized as having infringed the
penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be
presumed not to have the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such
children without resorting to judicial proceedings, providing that human
rights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision
orders; counselling; probation; foster care; Education and vocational
training programmes and other alternatives to institutional care shall be
available to ensure that children are dealt with in a manner appropriate to
their well-being and proportionate both to their circumstances and the
offence.

Article 41

Nothing in the present Convention shall affect any provisions which are
more conducive to the realization of the rights of the child and which may
be contained in:

(a) The law of a State Party; or

(b) International law in force for that State.

PART II

Article 42

States Parties undertake to make the principles and provisions of the
Convention widely known, by appropriate and active means, to adults and
children alike.

Article 43

1. For the purpose of examining the progress made by States Parties in
achieving the realization of the obligations undertaken in the present
Convention, there shall be established a Committee on the Rights of the
Child, which shall carry out the functions hereinafter provided.

2. The Committee shall consist of ten experts of high moral standing and
recognized competent in the field covered by this Convention. The members
of the Committee shall be elected by States Parties from among their
nationals and shall serve in their personal capacity, consideration being
given to equitable geographical distribution, as well as to the principal
legal systems.

3. The members of the Committee shall be elected by secret ballot from a
list of persons nominated by States Parties. Each State Party may nominate
one person from among its own nationals.

4. The initial election to the Committee shall be held no later than six
months after the date of the entry into force of the present Convention and
thereafter every second year. At least four months before the date of each
election, the Secretary-General of the United Nations shall address a
letter to States Parties inviting them to submit their nominations within
two months. The Secretary-General shall subsequently prepare a list in
alphabetical order of all persons thus nominated, indicating States Parties
which have nominated them, and shall submit it to the States Parties to the
present Convention.

5. The elections shall be held at meetings of States Parties convened by
the Secretary-General at United Nations Headquarters. At those meetings,
for which two thirds of States Parties shall constitute a quorum, the
persons elected to the Committee shall be those who obtain the largest
number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.

6. The members of the Committee shall be elected for a term of four years
They shall be eligible for re-election if renominated. The term of five of
the members elected at the first election shall expire at the end of two
years; immediately after the first election, the names of these five
members shall be chosen by lot by the Chairman of the meeting.

7. If a member of the Committee dies or resigns or declares that for any
other cause he or she can no longer perform the duties of the Committee,
the State Party which nominated the member shall appoint another expert
from among its nationals to serve for the remainder of the term, subject to
the approval of the Committee.

8. The Committee shall establish its own rules of procedure.

9. The Committee shall elect its officers for a period of two years.

10. The meetings of the Committee shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the
Committee The Committee shall normally meet annually. The duration of the
meetings of the Committee shall be determined, and reviewed, it necessary,
by a meeting of the States Parties to the present Convention, subject to
the approval of the General Assembly.

11. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the
Committee under the present Convention.

12. With the approval of the General Assembly, the members of the Committee
established under the present Convention shall receive emoluments from
United Nations resources on such terms and conditions as the Assembly may
decide.

 

Author: international

Mentioned in these Entries

Convention on the Rights of the Child, Education.