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The Convention on the Rights of the Child
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law
[
Global Index
]
ARTICLE-1
[
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]
... 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
,
maturity
is attained earlier. ...
ARTICLE-3
[
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]
... 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
. ...
ARTICLE-7
[
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]
... 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
[
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]
... 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
. ...
ARTICLE-9
[
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]
... 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
. ...
ARTICLE-10
[
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]
... 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 1,
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-12
[
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]
... 2. For this
purpose
, the
child
shall in particular be provided the
opportunity
to be heard in any
judicial
and
administrative
proceedings
affecting
the
child
, either directly, or through a
representative
or an appropriate
body
, in a
manner
consistent with the procedural
rules
of
national law
. ...
ARTICLE-13
[
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]
... 2. The
exercise
of this
right
may be
subject
to certain
restrictions
, but these shall only be such as are provided by
law
and are necessary: ...
ARTICLE-14
[
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]
... 3.
Freedom
to manifest one's
religion
or
beliefs
may be
subject
only to such
limitations
as are prescribed by
law
and are necessary to
protect
public safety
,
order
,
health
or
morals
, or the
fundamental rights
and
freedoms
of others. ...
ARTICLE-15
[
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]
... 2. No
restrictions
may be placed on the
exercise
of these
rights
other than those imposed in
conformity
with the
law
and which are necessary in a
democratic society
in the
interests
of
national security
or
public safety
,
public order
(
ordre public
), the
protection
of
public health
or
morals
or the
protection
of the
rights and freedoms of others
. ...
ARTICLE-16
[
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]
... 2. The
child
has the
right to the protection
of the
law
against such
interference
or
attacks
. ...
ARTICLE-20
[
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]
... 2.
States Parties
shall in
accordance
with their
national laws
ensure alternative
care
for such a
child
. ...
... 3. Such
care
could
include
,
inter alia
,
foster placement
,
kafalah
of
Islamic
law
,
adoption
or if necessary
placement
in suitable
institutions
for the
care
of
children
. When considering
solutions
,
due
regard
shall be
paid
to the
desirability
of
continuity
in a
child
's
upbringing
and to the
child
's
ethnic
,
religious
,
cultural
and
linguistic
background. ...
ARTICLE-21
[
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]
... (a) Ensure that the
adoption
of a
child
is
authorized
only by
competent authorities
who determine, in
accordance
with applicable
law
and
procedures
and on the basis of all pertinent and reliable
information
, that the
adoption
is permissible in
view
of the
child
's
status
concerning
parents
,
relatives
and
legal guardians
and that, if required, the
persons
concerned
have given their
informed consent
to the
adoption
on the basis of such
counselling
as may be necessary; ...
ARTICLE-22
[
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]
... 1.
States Parties
shall take appropriate
measures
to ensure that a
child
who is
seeking
refugee status
or who is considered a
refugee
in
accordance
with applicable
international
or
domestic law
and
procedures
shall, whether unaccompanied or accompanied by his or her
parents
or by any other
person
,
receive
appropriate
protection
and
humanitarian
assistance
in the
enjoyment
of applicable
rights
set forth in the present
Convention
and in other
international
human rights
or
humanitarian
instruments
to which the said
States
are
Parties
. ...
ARTICLE-26
[
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]
... 1.
States Parties
shall recognize for every
child
the
right
to
benefit
from
social security
,
including
social insurance
and shall take the necessary
measures
to
achieve
the
full
realization of this
right
in
accordance
with their
national law
. ...
ARTICLE-37
[
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]
... (b) No
child
shall be
deprived
of his or her
liberty
unlawfully or
arbitrarily
. The
arrest
,
detention
or
imprisonment
of a
child
shall be in
conformity
with the
law
and shall be used only as a
measure
of last resort and for the shortest appropriate
period
of
time
; ...
ARTICLE-38
[
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]
... 1.
States Parties
undertake
to
respect
and to ensure
respect
for
rules
of
international
humanitarian law
applicable to them in
armed conflicts
which are
relevant
to the
child
. ...
... 4. In
accordance
with their
obligations
under
international
humanitarian law
to
protect
the
civilian
population
in
armed conflicts
,
States Parties
shall take all feasible
measures
to ensure
protection
and
care
of
children
who are
affected
by an
armed conflict
. ...
ARTICLE-40
[
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]
... 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
. ...
... (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; ...
... (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
; ...
... (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
; ...
... (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
; ...
... (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
; ...
... 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: ...
... 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
; ...
ARTICLE-41
[
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]
... (a) The
law
of a
State party
; or ...
... (b)
International law
in
force
for that
State
. ...
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