Section 79p. 79

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

applicable to them in armed conflicts which are relevant

to the child.

2. States Parties shall take all feasible measures to ensure

that persons who have not attained the age of fifteen

years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person

who has not attained the age of fifteen years into their

armed forces. In recruiting among those persons who

have attained the age of fifteen years but who have not

attained the age of eighteen years, States Parties shall

endeavour to give priority to those who are oldest.

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 39

States Parties shall take all appropriate measures to

promote physical and psychological recovery and social

reintegration of a child victim of: any form of neglect,

exploitation, or abuse; torture or any other form of cruel,

inhuman or degrading treatment or punishment; or

armed conflicts. Such recovery and reintegration shall

take place in an environment which fosters the health,

self-respect and dignity of the child.

ARTICLE 40

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.

2.

To

this

end,

and

having

regard

to

the relevant

provisions of international instruments, States Parties

shall, in particular, ensure that:

(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;

(ii) To be informed promptly and directly of the charges

against him or her, and, if appropriate, through his or her

parents or legal guardians, and to have legal or other

appropriate

assistance

in

the

preparation

and

presentation of his or her defence;

(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;

(iv) Not to be compelled to give testimony or to confess

guilt; to examine or have examined adverse witnesses

and

to obtain the participation and examination of

witnesses

on his or her behalf under conditions of

equality;

(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;

(vi) To have the free assistance of an interpreter if the

child cannot understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages

of the proceedings.

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;

(b) Whenever appropriate and desirable, measures for

dealing with such children without resorting to judicial

proceedings,

providing that human rights and legal

safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and

supervision orders; counselling; probation; foster care;

education and vocational training programmes and other

alternatives to institutional care shall be available to

ensure

that

children

are

dealt

with

in

a

manner

appropriate to their well-being and proportionate both to

their circumstances and the offence.

ARTICLE 41

Nothing

in

the

present Convention shall affect any

provisions which are more conducive to the realization of

the rights of the child and which may be contained in:

(a) The law of a State party; or

(b) International law in force for that State.

PART II

ARTICLE 42

States Parties undertake to make the principles and

provisions

of

the

Convention

widely

known,

by

appropriate and active means, to adults and children

alike.

ARTICLE 43

1. For the purpose of examining the progress made by

States

Parties

in

achieving

the

realization

of

the

obligations undertaken in the present Convention, there

shall be established a Committee on the Rights of the

Child, which shall carry out the functions hereinafter

provided.

2. The Committee shall consist of ten experts of high

moral standing and recognized competence in the field

covered

by

this

Convention.

The

members

of

the

Committee shall be elected by States Parties from among

their nationals and shall serve in their personal capacity,

consideration

being

given to equitable geographical

distribution, as well as to the principal legal systems.

3. The members of the Committee shall be elected by

secret ballot from a list of persons nominated by States

Parties. Each State Party may nominate one person from

among its own nationals.

4. The initial election to the Committee shall be held no

later than six months after the date of the entry into force

of the present Convention and thereafter every second

year. At least four months before the date of each

election, the Secretary-General of the United Nations shall

address a letter to States Parties inviting them to submit

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