The States Parties to the present Convention -
- Considering that, in accordance with the principles proclaimed in
the Charter of the United Nations, recognition of the inherent dignity and of
the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
- Bearing in mind that the peoples of the United Nations have, in
the Charter, reaffirmed their faith in fundamental human rights and in the dignity
and worth of the human person, and have determined to promote social
progress and better standards of life in larger freedom,
- Recognizing that the United Nations has, in the Universal
Declaration of Human Rights and in the International Covenants on
Human Rights, proclaimed and agreed that everyone is entitled to all the
rights and freedoms set forth therein, without distinction of any kind, such
as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status,
- Recalling that, in the Universal Declaration of Human Rights,
the United Nations has proclaimed that childhood is entitled to special care
and assistance,
- Convinced that the family, as the fundamental group of society
and the natural environment for the growth and well-being of all its members
and particularly children, should be afforded the necessary protection and
assistance so that it can fully assume its respon-sibilities within the community,
- Recognizing that the child, for the full and harmonious
development of his or her personality, should grow up in a family environment,
in an atmosphere of happiness, love and understanding,
- Considering that the child should be fully prepared to live an
individual life in society, and brought up in the spirit of the ideals proclaimed in
the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,
- Bearing in mind that the need to extend particular care to the
child has been stated in the Geneva Declaration on the Rights of the Child
of 1924 and in the Declaration of the Rights of the Child adopted by the
General Assembly on 20 November 1959 and recognized in the Universal
Declaration of Human Rights, in the International Covenant on Civil and
Political Rights (in particular in articles 23 and 24), in the International
Covenant on Economic, Social and Cultural Rights (in particular in article 10)
and in the statutes and relevant instruments of specialized agencies and
international organizations concerned with the welfare of children,
- Bearing in mind that, as indicated in the Declaration of the
Rights of the Child, the child, by reason of his physical and mental immaturity,
needs special safeguards and care, including appropriate legal protection,
before as well as after birth,
- Recalling the provisions of the Declaration on Social and
Legal Principles relating to the Protection and Welfare of Children, with
Special Reference to Foster Placement and Adoption Nationally and
Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules); and the Declaration
on the Protection of Women and Children in Emergency and Armed Conflict,
- Recognizing that, in all countries in the world, there are children
living in exceptionally difficult conditions, and that such children need special
consideration,
- Taking due account of the importance of the traditions and
cultural values of each people for the protection and harmonious development
of the child,
- Recognizing the importance of international co-operation for
improving the living conditions of children in every country, in particular in the
developing countries,
... have agreed as follows:
I
- Article 1
- For the purposes of the present Convention, a child means every human
being below the age of 18 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 this
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.
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