Preamble Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, the recognition of the inherent dignity and 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 the reaffirmation of the beliefs of the peoples of the United Nations in fundamental human rights and personal dignity and values in the Charter, and their determination to promote social progress and a higher standard of living in broader freedoms, recognize the United Nations in the Universal Declaration of Human Rights and Proclaimed and agreed in two international conventions: Everyone is eligible for all rights and freedoms contained in these instruments, regardless of race, color, gender, language, religion, political or other point of view, national or social origin, property, birth Or other status, any difference, recalling the United Nations declared in the Universal Declaration of Human Rights: children have the right to special care and help, convinced that the family as a basic group of society, as the natural growth and happiness of all members of the family, especially children The environment should receive the necessary protection and help to fully bear its responsibility in the community Recognizing that in order to fully and harmoniously develop their personality, children should grow up in a family environment in an atmosphere of happiness, caressing and understanding, considering that children should be prepared to live independently in society, in the Charter of the United Nations Announced in the spirit of ideals, especially in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, to nurture them to grow up, bearing in mind the need to give children special care in the 1924 Geneva Declaration on the Rights of the Child and Affirmed in the Declaration of the Rights of the Child adopted at the 1959 Year 11 Month 20 Day, and also in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (especially Article 23 And the articles of association of 24), the International Covenant on Economic, Social and Cultural Rights (especially Article 10) and the specialized institutions and international organizations concerned with the welfare of children, as well as relevant articles, are recognized in mind According to the Declaration of Rights, " children are immature because they are physically and mentally Require special protection and care, including appropriate legal protection ", recalling the promulgation of the Declaration on Social and Legal Principles on Child Protection and Child Welfare, Especially Domestic and International Fostering and Adoption Measures, the United Nations Juvenile Justice The Minimum Standard Rules (Beijing Rules) and the Declaration on the Protection of Women and Children in Extraordinary Situations and Armed Conflicts recognize that there are children living in extreme hardship in countries around the world who need special care and appropriate Considering the importance of the traditional and cultural values of each nation to the protection and harmonious development of children, and the importance of international cooperation to improve the living conditions of children in each country, especially in developing countries, the following agreements are agreed: "
Part One Article 1 For the purposes of this Convention, a child means any person
under the age of 18 ,
unless the applicable law provides that the age of majority is less than 18 ".
Article 2 1. States parties shall respect the rights set forth in this
Convention and ensure that every child within their jurisdiction enjoys such
rights, regardless of the race, color, Any discrimination based on gender,
language, religion, political or other perspective, national, ethnic or social
origin, property, disability, birth or other status.
2. States parties shall take all appropriate
measures to ensure that children are protected and shall not be subjected to
all forms of discrimination or punishment based on the identity, activities,
opinions or beliefs of the child's parent, legal guardian or family member.
Article 3 Article 1. All acts involving children, whether performed by public
or private social welfare agencies, courts, administrative authorities or
legislative bodies, shall take the best interests of the child as the primary
consideration. "
2. States parties shall assume the
protection and care necessary to ensure the enjoyment of children's well-being,
consider the rights and obligations of their parents, legal guardians, or any
individual responsible for them, and take all appropriate legislative and
administrative measures to that end .
3. States Parties shall ensure that
agencies, services and facilities responsible for the care or protection of
children comply with standards set by the competent authority, in particular
standards in terms of safety, health, number and qualifications of staff and
effective supervision.
Article 4 States Parties shall take all appropriate legislative,
administrative and other measures to realize the rights permitted by this
Convention. With regard to economic, social and
cultural rights, States parties should take such measures within the limits of
international cooperation, to the maximum extent permitted by their available
resources, and as needed.
Article 5 States parties shall respect the responsibilities, rights and
obligations of parents, and in certain areas respect family or community
members, legal guardians or other persons who are legally responsible for
children in accordance with local customs in order to comply with the acceptance
of children at different stages. Competence in a way that properly guides and
helps children precede the rights permitted by this Convention.
Article 6 1. Contracting States recognize the inherent right to life of every
child.
2. States parties should ensure the maximum
survival and development of children.
Article 7 1. Children shall be registered immediately after birth and shall
have the right to obtain a name from the date of birth, the right to a
nationality, and the right to know as far as possible who their parents are and
the care of their parents.
2. States parties shall ensure that these
rights are implemented in accordance with their laws and their commitments in
this field under relevant international instruments, with particular attention
to children who are otherwise stateless.
Article 8 1. States parties undertake to respect the right of children to
safeguard their identity, including nationalities, names and family
relationships recognized by law, without unlawful interference.
2. If a child is illegally deprived in part
or in whole of his or her identity, the State party shall provide appropriate
assistance and protection to facilitate its rapid re-establishment.
Article 9 1. States parties shall ensure that
children are not separated from their parents against the wishes of the childs parents, unless the competent
authority determines that such separation is in the childs best interests and in accordance with appropriate laws and
procedures necessary." Such
a ruling may be necessary in special circumstances, such as where a child must
be located because of parental abuse or neglect, or because of separation of
parents.
2. Every action in accordance with paragraph 1 of this article shall give all relevant parties
the opportunity to participate in the lawsuit and to state their opinions.
3. States parties should respect the right
of children separated from one or both parents to maintain personal
relationships and direct contact with their parents, except for those who
violate the child's best interests.
4. If such separation is the result of any
action taken by a State party against one or both parents or a child, such as
detention, imprisonment, exile, expulsion or death (including death of the
person for any reason in that country's detention) The State Party shall, upon
request, inform parents, children or other members of the family of the basic
situation of the missing members of the family, unless the provision of such
circumstances would be detrimental to the welfare of the child. Such requests
suffer adverse consequences.
Article 10 1. In accordance with Article 9 Article 1 obligations of the State party, the State
party shall actively apply for a child or his parent's application to enter or
leave a State Party in order to reunite with his family. Humanitarian attitudes
are dealt with quickly. The State party should also ensure that applicants and
members of their families are not adversely affected by such requests.
2. Children whose parents live in different
countries shall have the right to maintain regular personal relationships and
direct contact with both parents, except in special circumstances. For this
purpose, in accordance with the obligations of the State Party under Article 9 , 1 , the State
Party shall respect the right of the child and his parents to leave, including
their own country, any country, and enter their own country. The right to leave any country shall be
limited only by the law and necessary for the protection of national security,
public order, public health or morals, or the rights and freedoms of others and
not incompatible with other rights recognized in this Convention.
Article 11 1. States Parties shall take measures to prevent the illegal
removal of children abroad and their return to their home countries.
2. For this purpose, States Parties shall
endeavour to conclude bilateral or multilateral agreements or accede to
existing agreements.
Article 12 1. States parties shall ensure that children who can form their own
views have the right to express their opinions freely on all matters affecting
children, and that children's opinions shall be given due weight in accordance
with their age and maturity.
2. For this purpose, children shall in
particular have the opportunity to present their opinions in any judicial and
administrative proceedings affecting them, and to express their views, directly
or through representatives or appropriate bodies, in a manner consistent with
the rules of procedure of national law.
Article 13 1. Children shall have the right to speak freely, and this right
shall include seeking, accepting and benevolent, whether or not, through any
oral, written or printed, artistic form or any other medium of the child's
choice Freedom of information and thought.
2. The exercise of this right may be subject
to certain restrictions, but these restrictions are limited to the law and are
necessary:
( a ) respect the rights and reputation of
others; or ( b ) protect national security or public
order or public health or morals.
Article 14 1. States parties shall respect children's right to freedom of
thought, belief and religion.
2. States parties should respect parents
and, where appropriate, the rights and obligations of legal guardians, and
guide children to precede their rights in accordance with the law of children's
ability to accept at different stages.
3. Freedom to demonstrate one's religion or
belief is subject only to restrictions described by law and such restrictions
necessary to protect public safety, order, health or morals or the fundamental
rights and freedoms of others.
Article 15 1. States parties recognize the right of children to freedom of
association and peaceful assembly.
2. Exercise of this right shall not be
restricted, except as required by law and necessary for national security or
public safety, public order, protection of public health or morals, or
protection of their rights and freedoms in a democratic society.
Article 16 1. Children's privacy, family, home or communication shall not be
subject to arbitrary or unlawful interference, and their honor and reputation
shall not be unlawfully attacked. "
2. Children have the right to the protection
of the law against such interference or attacks.
Article 17 States parties recognize the important role of the mass media
and should ensure that children have access to information and information from
different national and international channels, especially to promote their
social, spiritual and moral well-being and physical and mental health
Information and materials. To
this end, the State party should:
(A) Encourage the mass media to disseminate information and
materials that are socially and culturally beneficial to children in the spirit of Article 29; (b) Encourage the exchange and dissemination of such information and materials
from different cultural, national and international channels (C) Encourage the
production and distribution of children's books; (d) Encourage the development of appropriate
guidelines in accordance with Articles 13 and 18 to protect children from
information and materials that harm their welfare.
Article 18 1. States Parties shall use their best efforts to ensure that the
principle of joint responsibility for parenting and development of children is
recognized. Parents or legal guardians, as the
case may be, have primary responsibility for the upbringing and development of
the child. The best interests of children will be their main concern.
2. To guarantee and promote the rights
enumerated in this Convention, States Parties shall provide appropriate
assistance in the performance of their parental and legal guardian
responsibilities in raising children and shall ensure the development of
childcare institutions, facilities and services.
3. States Parties shall take all appropriate
measures to ensure that children of working parents are entitled to the
childcare services and facilities to which they are entitled.
Article 19 1. States Parties shall take all appropriate legislative,
administrative, social and educational measures to protect children from any
form of physical, mental or physical care when they are under the care of their
parents, legal guardians or any other person in charge of the child Torture,
harm or abuse, neglect or care, abuse or exploitation, including sexual
assault.
2. Such protective measures should include,
as appropriate, effective procedures to establish social programmes, provide
children and those responsible for their care with the necessary support, and
take other forms of prevention to identify, report, inquire, investigate, deal
with and pursue the aforementioned Child abuse, and judicial intervention in
due course.
Article 20 1. Children who are temporarily or permanently separated
from the family environment, or children whose best interests are not to
continue living in such an environment, shall be entitled to special protection
and assistance from the State. "
2. States parties shall ensure that such
children are otherwise cared for in accordance with their laws.
3. This care should include foster care,
Islamic law " Kfara " (guardianship),
adoption or placement in an appropriate parenting facility if necessary. In
considering solutions, due attention should be paid to the need to make
children's education continuous and to pay attention to their ethnic,
religious, cultural and linguistic background.
Article 21 Any country that recognizes and / or allows an adoption system
shall ensure that the best interests of the child are the primary consideration
and shall:
( a ) ensures that adoption by the
competent authority in accordance with applicable laws and procedures, and on
the basis of all relevant and reliable information, is determined in view of
the circumstances of the child in relation to the parents, relatives and legal
guardians. Agree to
adoption before approving a child's adoption; ( b
(C) ensure that children who have been adopted
internationally enjoy the same safeguards and standards as national adoptions;
(d)
take all appropriate measures to ensure that arrangements for international
adoptions do not result in improper financial gains for the persons involved; (e) adopted when appropriate Develop
bilateral or multilateral arrangements or agreements to advance the objectives
of this article, and to this end work to ensure that the competent authority or
agency is responsible for arranging the adoption of a child in another country.
Article 22 1. States Parties shall take appropriate measures to ensure that
children who apply for refugee status or children who may be considered
refugees in accordance with applicable international or national law and
procedures, whether or not accompanied by their parents or anyone else, shall
Appropriate protection and humanitarian assistance are available to enjoy the
applicable rights under this Convention and other international human rights or
humanitarian instruments to which the State concerned is a party.
2. To this end, States Parties shall provide
any cooperation deemed appropriate by the United Nations and other competent
intergovernmental or non-governmental organizations that cooperate with the
United Nations to protect and assist such children and to provide refugee
refugees alone. Follow their parents or their family members to get the
necessary information to reunite with the family. Where a parent or other family member cannot
be found, the child shall also be afforded the same protection as other children
who have been permanently or temporarily separated from the family environment
for any reason in accordance with the provisions of this Convention.
Article 23 Article 1. States parties recognize that children with physical and mental
disabilities should be able to enjoy a full and appropriate life under
conditions that ensure their dignity, promote their independence and facilitate
their active participation in society.
2. States parties recognize that children
with disabilities have the right to special care and should encourage and
ensure contact with normal children and their caregivers, within available
resources, and consider the situation of children and their parents or other
caregivers on an application basis, Provide assistance.
3. Given the special needs of children with
disabilities, and taking into account the financial situation of children's
parents or other caregivers, assistance provided in accordance with paragraph 2 of this Article shall be provided free of
charge when possible. The purpose of such assistance shall be to ensure that
children with disabilities can effectively Access to and access to education,
training, health care, rehabilitation services, employment preparation and
recreational opportunities in a way that helps the child participate as fully
as possible in society and achieve personal and cultural development, including
spiritual and spiritual development.
4. States parties shall promote the exchange
of appropriate information, including the dissemination and access to
information on rehabilitation education methods and vocational services, in the
areas of preventive care and medical, psychological and functional treatment of
children with disabilities, in the spirit of international cooperation, with a
view to enabling States parties to These areas improve their capabilities and
technology and expand their experience. In this regard, special consideration should be given to the needs of
developing countries.
Article 24 1. States parties recognize the right of children to the highest
attainable standards and health, and to medical and rehabilitation facilities. The State party should work to ensure
that no child is deprived of the right to such health services.
2. States
parties shall strive to fully realize this right, and in particular shall take
appropriate measures to (a)
reduce infant and child mortality; (b) ensure that all children are provided with the necessary
medical assistance and health care, with an emphasis on the development of primary health care; (c ) Elimination
of diseases and malnutrition, including the use of
currently available technologies and provision of adequate nutritious food and
clean drinking water in the context of primary health care, taking into account
the dangers of environmental pollution; (d) ensuring that mothers receive
appropriate prenatal and Postpartum health care; (e) Ensure that basic
knowledge of child health care and nutrition, the benefits of breastfeeding, personal hygiene and
environmental hygiene and the prevention of accidents is made available to all segments of society,
especially parents and children, Educate and help them apply this basic
knowledge; (f) Education and services on preventive health care, parental
guidance and family planning.
3. States Parties shall endeavour to take all
effective and appropriate measures to abolish traditional practices that are
harmful to the physical and mental health of children.
4. States Parties undertake to promote and
encourage international cooperation with a view to gradually realizing fully
the rights recognized in this Article. In this regard, special consideration
should be given to the needs of developing countries.
Article 25 States parties recognize that children who have been placed for
the purpose of caring for, protecting or treating children's physical and
mental health are entitled to regular treatment and all other conditions
related to the placement Review.
Article 26 1. States parties shall recognize the right of every child to
benefit from social security, including social insurance, and shall take the
necessary measures to fully realize this right in accordance with its domestic
law.
2. The provision of benefits should be free
of charge, taking into account the resources and environment of the child and
those who have the obligation to support the child, and other factors related
to the child's own or application for benefits.
Article 27 1. States parties recognize that every child has the right to a
standard of living sufficient to promote his physical, psychological,
spiritual, moral and social development.
2. Parents or other persons responsible for
caring for children have the primary responsibility to ensure the living
conditions necessary for the child's development to the extent permitted by
their abilities and financial conditions.
3. States Parties take appropriate measures
to assist parents or other persons responsible for the realization of this
right, in accordance with national conditions and within their capabilities,
and provide material assistance and funding programmes when needed, especially
in the areas of nutrition, clothing and housing .
4. States Parties shall take all appropriate
measures to recover child support from the parents of children who are inside
or outside their country or other persons with financial responsibility for the
child. In particular, where persons with financial responsibility for children
live in a country different from children, States parties should promote
accession to or conclusion of such agreements and other appropriate
arrangements.
Article 28 1. States parties recognize that children have the right to
education and gradually realize this right on the basis of equal opportunities,
and the State party should, in particular:
(A) Make every effort to achieve comprehensive and compulsory free primary
education; (b) Encourage the development of different forms of
secondary education, including general and vocational education, so that all children can enjoy and receive such education,
and take appropriate measures, such as free education And
provide subsidies to those in need; (c) maximize access to higher education for
all, based on their ability; (d) make education and vocational information and
guidance available to all children; (e) take measures to encourage Students
attend on time and reduce dropout rates.
2. States Parties shall take all appropriate
measures to ensure that schools implement discipline in a manner consistent
with the personal dignity of children and the provisions of this Convention.
3. States parties should promote and
encourage international cooperation on educational matters, with a particular
focus on eliminating ignorance and illiteracy worldwide and facilitating access
to scientific and technological knowledge and modern teaching methods. In this
regard, special consideration should be given to the needs of developing
countries.
Article 29 1. States parties agree that the purpose of educating children
shall be:
(A) develop children's personality, intellect, and physical and mental
abilities to the fullest; (b) foster respect for human rights and
fundamental freedoms and the principles enshrined in the Charter of the United
Nations; (c) develop respect for children's
parents, their own Cultural recognition, language and
values, the national values of the country in which the child lives, respect
for their country of origin, and respect for civilizations different from their
own; (d) nurturing children in accordance with the peoples, ethnicities,
nationalities and religious groups of each country, as well as for indigenous
peoples The spirit of understanding, peace, tolerance, equality and friendship
between men and women, and a responsible life in a free society; (e) foster
respect for the natural environment.
2. The interpretation of any part of this Article or Article 28 shall not
interfere with the freedom of individuals and groups to establish and guide
educational institutions, but must always abide by the principles
set out in Article 1 of this Article Education shall be carried out in
accordance with the minimum standards that may be imposed by the State. "
Article 30 In countries where there are ethnic, religious or linguistic
minorities or former indigenous peoples, children belonging to such minorities
or former indigenous peoples and other members of their groups must not be
deprived. The right to share one“s own culture, believe in ones religion, hold religious rituals, or
use one's own language.
Article 31 1. States parties recognize the right of children to rest and
leisure, to engage in games and entertainment activities appropriate to their
age, and to participate freely in cultural life and artistic activities.
2. States parties shall respect and promote
the right of children to participate fully in cultural and artistic life and
shall encourage the provision of appropriate and equal opportunities for
cultural, artistic, recreational and leisure activities.
Article 32 1. States parties recognize the right of children to be protected
from economic exploitation and any work that may impede or affect the education
of children or harm children'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
this article. To this end, and in view of the relevant provisions of other
international instruments, States parties should, in particular:
(A) Establish the minimum age for
employment; (b) Establish appropriate rules regarding working hours and conditions; (c) Establish appropriate penalties or other
sanctions to ensure the effective implementation of this article.
Article 33 States Parties shall take all appropriate measures, including
legislative, administrative, social and educational measures, to protect
children from the illegal use of narcotic drugs and psychotropic substances as
defined in relevant international treaties, and to prevent the use of children
for illegal production and Trafficking in such drugs.
Article 34 States parties undertake to protect children from all forms of
sexual exploitation and sexual assault. To this end, States parties shall, in
particular, take all appropriate national, bilateral and multilateral measures
to prevent:
(A) induce or force children to engage in any illegal sexual activity;
(b) use children for prostitution or engage in other
illegal sexual acts; (c) use children for obscene
performances and acts as obscene subjects.
Article 35 States Parties shall take all appropriate national, bilateral
and multilateral measures to prevent the abduction, sale or trafficking of
children for any purpose or in any form.
Article 36 States Parties shall protect children from all other forms of
exploitation that undermine the welfare of children.
Article 37 States Parties shall ensure:
( a ) No child is subject to torture or
other forms of cruel, inhuman or degrading treatment or punishment. Under 18 No offender shall be sentenced to death
or life imprisonment without release; ( b ) shall not illegally or arbitrarily
deprive any child of his liberty. Arrest,
detention or imprisonment of children shall be in accordance with the law and
shall be used only as a last resort, with the shortest appropriate period; ( c ) All children deprived of their
liberty shall be treated humanely, with inherent dignity It should be respected
and should be considered in the way it is needed for its age. In
particular, all children deprived of their liberty should be separated from
adults, unless it is considered to be in the best interests of the child, and
have the right to keep in touch with their families through letters and visits,
except in special circumstances; <
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