Section 74p. 74

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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 cooperation 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. States Parties shall respect and ensure the rights set

forth in the present 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.

ARTICLE 5

States Parties shall respect the responsibilities, rights and

duties of parents or, where applicable, the members of

the extended family or community as provided for by

local custom, legal guardians or other persons legally

responsible

for

the

child,

to

provide,

in

a

manner

consistent with the evolving capacities of the child,

appropriate direction and guidance in the exercise by the

child of the rights recognized in the present Convention.

ARTICLE 6

1.

States

Parties recognize that every child has the

inherent right to life.

2. States Parties shall ensure to the maximum extent

possible the survival and development of the child.

ARTICLE 7

1. The child shall be registered immediately after birth and

shall have the right from birth to a name, the right to

acquire a nationality and. as far as possible, the right to

know and be cared for by his or her parents.

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

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.

2. Where a child is illegally deprived of some or all of the

elements of his or her identity, States Parties shall provide

appropriate assistance and protection, with a view to

re-establishing speedily his or her identity.

ARTICLE 9

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.

2. In any proceedings pursuant to paragraph 1 of the

present article, all interested parties shall be given an

opportunity to participate in the proceedings and make

their views known.

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