Appendix II: Convention on the Rights of the Child

Date01 June 1991
DOI10.1177/016934419100900211
Published date01 June 1991
Subject MatterPart C: Appendices
AppendixII I
Convention
on the Rights
of
the Child
APPENDIX
II
CONVENTION ON
THE
RIGHTS OF THE CHILD
Adopted by Resolution 44/25 of the General Assembly
of
the United
Nations, 20 November 1989,
Un.
Doc.
N44n36
PREAMBLE
TheStates
Parties
to thepresent
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 familyis the foundation of freedom, justice and peace in the
world,
Bearingin mind that the peoples of the United Nations have, in the Charter, reaf-
firmed 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,
Recallingthat, 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
responsibilities 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,
Bearingin 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 United Nations In 1959and 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 its 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
adopted by the General Assembly on 20 November 1959, "the child, by reason of his
233
NQHR
2/1991
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 Confllct,
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:
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. The States Parties to the present Convention shall respect and ensure the rights set
forth in the 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.
234

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