PART II (F): Human rights

No. 14668
MULTILATERAL
International Covenant on Civil and Political Rights.
Nations on 19 December 1966
Optional Protocol to the above-mentioned Covenant.
Adopted by the General Assembly of the United
Authentic texts: English, French, Chinese, Russian and Spanish.
Registered on 23 March 1976.
MULTILATERAL
Adopté par l'Assemblée générale des Nations Unies le
19 décembre 1966
Protocole facultatif se rapportant au Pacte susmentionné.
Adopté par l'Assemblée générale des Nations Unies le
19 décembre 1966
Textes authentiques : anglais, français, chinois, russe et espagnol.
Enregistrés d'office le 23 mars 1976.
Vol. 999,1-14668
Adopted by the General Assembly of the United
f Nations on 19 December 1966
ex officio MULTILAT~RAL
Pacte international relatif aux droits civils et politiques.
Adopt~ PAssembl~e g~n~rale d~cembre susmentionn~.
Adopt~ PAssembl~e g~n~rale d~cembre francais, Enregistr~ s 999, I-
172 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
COVENANT1 inalien
able 1 41,* in
strument 1):**
Date of deposit of the in
strument of ratification or
accession (a)
Date of deposit of the in
strument of ratification or
State accession (a.)
Barbados*** .................... 5 1973o
Bulgaria*** ..................... Republic*** ................... ........................... 10 ....................... ...................... 19 ......................... 2April Czechoslovakia*** ............... Denmark***..................... 6 January ........................ Finland*.***..................... Republic*** ... of***... t
Hungary*** ..................... ............................ 1975
Vol. 999,1-State
Iraq*** ......................... Jamaica......................... Jordan.......................... .......................... Lebanon ........................ 1972o
Republic***.......... 1970»
..................... Mali............................ ....................... 1973a
Mongolia*** .................... Norway*'*** .................... Romania*** ..................... Rwanda......................... Sweden*'*** .................... Republic*** .......... 1969a
......................... Re
public*** ..................... Republics*** .................. ........................ ...................... (Continui!d on page 173)
Trait~s INTERNATIONAL ON CIVIL
AND POLITICAL RIGHTS
The States Parties to the present Covenant,
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,
1971
1975
1975
1970
I969a
1969
16 July 1974a
12 December I 973a
18 November 1974
instrument
Iraq••• 25 January
1971
(Signature affixed on 18 February
1969.)
Jamaica. . . . . . . . . . . . . . . . . . . . . . . . . 3 October
(Signature affixed on 19 December
1966.)
Jordan. . . . . . . . . . . . . . . . . . . . . . . . . . 28 May
(Signature affixed on 30 June 1972.)
Kenya .. .. .. . .. .. .. . .. ... .. . .. .. 1 May 1972a
Lebanon........................ 3 November 1972a
Libyan Arab Republic....·.... 15 May 1970a
Madagascar 21 June 1971
(Signature affixed on 17 September
1969.)
Mali .
Mauritius .
Mongolia••• .............•......
(Signature affixed on 5 June 1968.)
Norway••••• 13 September 1972
(Signature affixed on 20 March
1968.)
Romania••• 9 December 1974
Rwanda 16 April 1975a
Sweden» • . . . . . . . . . . . . . . . . . . . . 6 December 1971
(Signature affixed on 29 September
1967.)
Syrian Arab Republic••• 21 April
Tunisia 18 March
(Signature affixed on 30 April
1968.)
Ukrainian Soviet Socialist Republic•••
12 November 1973
(Signature affixed on 20 March
1968.)
Union of Soviet Socialist
Republics••• 16 October 1973
(Signature affixed on 18 March
1968.)
Uruguay . .. . .. . . .. . . .. . . .. . . .. .. 1 April
(Signature affixed on 21 February
1967.)
Yugoslavia 2 June
(Signature affixed on 8 August
1967.)
1 The Covenant, with the exception of article 41, came into force on 23 March 1976 in respect of the following
States, i.e., three months after the date of deposit with the Secretary-General of the United Nations of the thirty-fifth instrument
of ratification or accession, in accordance with article 49 (l):••
instrument
State accession (a)
Barbados • .. .. .. . .. .. . . . . .. . January 1973a
Bulgaria••• 21 September 1970
(Signature affixed on 8 October
1968.)
Byelorussian Soviet Socialist
Republic••• 12 November 1973
(Signature affixed on 19 March
1968.)
Chile IO February 1972
(Signature affixed on 16 September
1969.)
Colombia 29 October 1969
(Signature affixed on 21 December
1966.)
Costa Rica 29 November 1968
(Signature affixed on I 9 December
1966.)
Cyprus 2 April 1969
(Signature affixed on 19 December
1966.)
Czechoslovakia••• 23 December 1975
(Signature affixed on 7 October
1968.)
Denmark...................., 6January 1972
(Signature affixed on 20 March
1968.)
Ecuador . . . .. . . .. . . .. . .. .. .. . .. . 6 March 1969
(Signature affixed on 4 April 1968.)
Finland,_.................... 19 August 1975
(Signature affixed on 11 October
1967.)
German Democratic Republie . . 8 November 1973
(Signature affixed on 27 March
1973.)
Germany, Federal Republic of«... 17 December 1973
(With a declaration of application
to Berlin (West).)
(Signature affixed on 9 October
1968.)
Hungary••• 17 January 1974
(Signature affixed on 25 March
1969.)
Iran . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 June I 97 5
(Signature affixed on 4 April 1968.)
Continued 999, 1-14668
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 173
person,
political his cultural rights,
freedoms,
com
munity PARTI
Article 1. eco
nomic, eco
nomic respon
sibility PART Article 2. origin, property, birth or other status.
See "respect 1-1976.
***See p. fThe Re
public 1-999,1-1976 United Nations --- • Nations Unies Reeueil des Trait~s 173
Recognizing that these rights derive from the inherent dignity of the human
person,
Recognizing that, in accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying civil and political freedom and
freedom from fear and want can only be achieved if conditions are created whereby
everyone may enjoy his civil and political rights, as well as his economic, social and
cultural rights,
Considering the obligation of States under the Charter of the United Nations to
promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community
to which he belongs, is under a responsibility to strive for the promotion and
observance of the rights recognized in the present Covenant,
Agree upon the following articles:
I. 1. All peoples have the right of self-determination. By virtue of
that right they freely determine their political status and freely pursue their economic,
social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth
and resources without prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and international
law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility
for the administration of Non-Self-Governing and Trust Territories, shall
promote the realization of the right of self-determination, and shall respect that
right, in conformity with the provisions of the Charter of the United Nations.
II
1. Each State Party to the present Covenant undertakes to respect
and to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the present Covenant, 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.
2. Where not already provided for by existing legislative or other measures,
each State Party to the present Covenant undertakes to take the necessary steps, in
accordance with its constitutional processes and with the provisions of the present
(Footnote continued from page 172)
See p. 300 of this volume for the texts of the declarations recognizing the competence of the Human Rights
Committee under article 41.
Several of the 35 instruments deposited were accompanied by reservations, about which the Covenant is silent.
In this regard, the Secretary-General, on the basis of the consultations that he held in the same circumstances with
to the International Covenant on Economic, Social and Cultural Rights (see No. I-14531 of volume 993), has
considered that the States concerned did not object to the entry into force of the International Covenant on Civil
and Political Rights on 23 March 1976 .
.. •seep. 288 of this volume for the texts of the declarations and reservations made upon ratification or accession.
tThe following countries made declarations regarding the declaration made upon ratification by the Federal Republic
of Germany: France, German Democratic Republic, Ukrainian Soviet Socialist Republic, Union of Soviet
Socialist Republics, United Kingdom of Great Britain and Northern Ireland and United States of America. For the
texts of the said declarations, see No. I-14531 in volume 993.
Vol. 999, 1-14668
174 United Nations — Treaty Series • Nations Unies — Recueil des Traités ef
fect (b) Article 3. Article 4. na
tion col
our, 1 dero
gation pro
visions Article 5. imply
ing fundamen
tal HI
Article 6. 999,1-174 -Recueil Trait~s 1976
Covenant, to adopt such legislative or other measures as may be necessary to give effect
to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are
violated shall have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity;
To ensure that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative authorities, or by
any other competent authority provided for by the legal system of the State, and
to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when
granted.
The States Parties to the present Covenant undertake to ensure the
equal right of men and women to the enjoyment of all civil and political rights set
forth in the present Covenant.
1. In time of public emergency which threatens the life of the nation
and the existence of which is officially proclaimed, the States Parties to the
present Covenant may take measures derogating from their obligations under the
present Covenant to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other obligations under
international law and do not involve discrimination solely on the ground of race, colour,
sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs and 2), 11, 15, 16 and 18
may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation
shall immediately inform the other States Parties to the present Covenant,
through the intermediary of the Secretary-General of the United Nations, of the provisions
from which it has derogated and of the reasons by which it was actuated. A
further communication shall be made, through the same intermediary, on the date
on which it terminates such derogation.
1. Nothing in the present Covenant may be interpreted as implying
for any State, group or person any right to engage in any activity or perform any
act aimed at the destruction of any of the rights and freedoms recognized herein or at
their limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental
human rights recognized or existing in any State Party to the present Covenant
pursuant to law, conventions, regulations or custom on the pretext that the present
Covenant does not recognize such rights or that it recognizes them to a lesser extent.
PART III
1. Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death
may be imposed only for the most serious crimes in accordance with the law in force
at the time of the commission of the crime and not contrary to the provisions of the
present Covenant and to the Convention on the Prevention and Punishment of the
Vol. 999, 1-14668
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1 judge
ment Con
vention commuta
tion Article 7. Article 8. labour,
o) imprison
ment (c) (i) (b), objec
tion objec
tors;
Article 9. estab
lished sub
ject 1 Treaty Series, 999,1-14668
-- -- Trait~s 175
Crime of Genocide. 1 This penalty can only be carried out pursuant to a final judgement
rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood
that nothing in this article shall authorize any State Party to the present Covenant to
derogate in any way from any obligation assumed under the provisions of the Convention
on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation
of the sentence. Amnesty, pardon or commutation of the sentence of death may
be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons
below eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition
of capital punishment by any State Party to the present Covenant.
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall be subjected without
his free consent to medical or scientific experimentation.
1. No one shall be held in slavery; slavery and the slave-trade in all
their forms shall be prohibited.
2. No one shall be held in servitude.
3. (a) No one shall be required to perform forced or compulsory labour.
(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment
with hard labour may be imposed as a punishment for a crime, the performance
of hard labour in pursuance of a sentence to such punishment by a competent court.
() For the purpose of this paragraph the term "forced or compulsory labour"
shall not include:
Any work or service, not referred to in sub-paragraph normally required of
a person who is under detention in consequence of a lawful order of a court, or
of a person during conditional release from such detention;
(ii) Any service of a military character and, in countries where conscientious objection
is recognized, any national service required by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening the life or
well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.
1. Everyone has the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be deprived of his
liberty except on such grounds and in accordance with such procedure as are established
by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly
before a judge or other officer authorized by law to exercise judicial power and shall
be entitled to trial within a reasonable time or to release. It shall not be the general
rule that persons awaiting trial shall be detained in custody, but release may be subject
to guarantees to appear for trial, at any other stage of the judicial proceedings,
and, should occasion arise, for execution of the judgement.
1 United Nations, vol. 78, p. 277.
Vol. 999, 1-14668
176 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
Article 10. (a) ap
propriate (b) Article 11. Article 12. resi
dence.
(ordre public), Article 13. ac
cordance au
thority Article 14. (ordre
public) opin
ion pre
sumed 999,1--Reeueil Trait~s 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled
to take proceedings before a court, in order that that court may decide without delay
on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have
an enforceable right to compensation.
JO. 1. All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate treatment appropriate
to their status as unconvicted persons.
(b) Accused juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential
aim of which shall be their reformation and social rehabilitation. Juvenile offenders
shall be segregated from adults and be accorded treatment appropriate to their age
and legal status.
I I. No one shall be imprisoned merely on the ground of inability to
fulfil a contractual obligation.
1. Everyone lawfully within the territory of a State shall, within
that territory, have the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except
those which are provided by law, are necessary to protect national security, public
order public health or morals or the rights and freedoms of others,
and are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
An alien lawfully in the territory of a State Party to the present
Covenant may be expelled therefrom only in pursuance of a decision reached in accordance
with law and shall, except where compelling reasons of national security
otherwise require, be allowed to submit the reasons against his explusion and to have
his case reviewed by, and be represented for the purpose before, the competent authority
or a person or persons especially designated by the competent authority.
1. All persons shall be equal before the courts and tribunals. In
the determination of any criminal charge against him, or of his rights and obligations
in a suit at law, everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law. The Press and the public may
be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the
private lives of the parties so requires, or to the extent strictly necessary in the opinion
of the court in special circumstances where publicity would prejudice the interests
of justice; but any judgement rendered in a criminal case or in a suit at law shall be
made public except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed
innocent until proved guilty according to law.
Vol. 999, I-14668
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités______177
him, be
full equality:
(a) which (b) the preparation to
(d) as
sistance not legal the
(e) at
tendance (g) ac
count sen
tence Article 15. penalty any per
son community Article 16. per
son A rticle 17. subj ected Q 999,1-14668
1976 United Nations - e Nations Unies -- Recueil des Trait~s 177
3. In the determination of any criminal charge against him, everyone shall be
entitled to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language which he understands of the
nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence and to
communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal assistance
of his own choosing; to be informed, if he does not have legal assistance,
of this right; and to have legal assistance assigned to him, in any case where the
interests of justice so require, and without payment by him in any such case if he
does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the attendance
and examination of witnesses on his behalf under the same conditions
as witnesses against him;
(/) To have the free assistance of an interpreter if he cannot understand or speak the
language used in court;
Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account
of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence
being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence
and when subsequently his conviction has been reversed or he has been pardoned on
the ground that a new or newly discovered fact shows conclusively that there has
been a miscarriage of justice, the person who has suffered punishment as a result of
such conviction shall be compensated according to law, unless it is proved that the
non-disclosure of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which
he has already been finally convicted or acquitted in accordance with the law and
penal procedure of each country.
1. No one shall be held guilty of any criminal offence on account
of any act or omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed. Nor shall a heavier be
imposed than the one that was applicable at the time when the criminal offence was
committed. If, subsequent to the commission of the offence, provision is made by
law for the imposition of a lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of person
for any act or omission which, at the time when it was committed, was criminal
according to the general principles of law recognized by the of nations.
Article 16. Everyone shall have the right to recognition everywhere as a person
before the law.
Article 17. 1. No one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
2. Everyone has the right to the protection of the law against such interference
or attacks.
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178 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
Article 18. con
science Article 19. inter
ference.
in
clude regard
less (a) (b) (ordre public), Article 20. con'stitutes incite
ment Article 21. na
tional (ordrepublic), Article 22. in
terests.
in
terests (ordrepublic), protec
tion La
bour pro
tection organize1 1 Vol. 999,1-14668
- - Trait~s 1. Everyone shall have the right to freedom of thought, conscience
and religion. This right shall include freedom to have or to adopt a religion or
belief of his choice, and freedom, either individually or in community with others
and in public or private, to manifest his religion or belief in worship, observance,
practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have
or to adopt a religion or belief of his choice.
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.
4. The States Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians to ensure the religious and
moral education of their children in conformity with their own convictions.
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless
of frontiers, either orally, in writing or in print, in the form of art, or through
any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provided by law and are necessary:
For respect of the rights or reputations of others;
For the protection of national security or of public order or of
public health or morals.
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence shall be prohibited by law.
The right of peaceful assembly shall be recognized. No restrictions
may be placed on the exercise of this right 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.
1. Everyone shall have the right to freedom of association with
others, including the right to form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those
which are prescribed by 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.
This article shall not prevent the imposition of lawful restrictions on members of the
armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning freedom of association and protection
of the right to to take legislative measures which would prejudice,
or to apply the law in such a manner as to prejudice, the guarantees provided for in
that Convention.
I United Nations, Treaty Series, vol. 68, p. 17.
999, I-
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 179
Article 23. soci
ety in
tending Article 24. Article 25. (a) (6) ex
pression Article 26. pro
hibit race, .colour, Article 27. ex
ist, Article 28. here
after eigh
teen com
petence per
sonal Vol. 999,1-14668
1976 Reeueil Trait~s 1. The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to found a
family shall be recognized.
3. No marriage shall be entered into without the free and full consent of the intending
spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure
equality of rights and responsibilities of spouses as to marriage, during marriage and
at its dissolution. In the case of dissolution, provision shall be made for the necessary
protection of any children.
1. Every child shall have, without any discrimination as to race,
colour, sex, language, religion, national or social origin, property or birth, the right
to such measures of protection as are required by his status as a minor, on the part of
his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a
name.
3. Every child has the right to acquire a nationality.
Every citizen shall have the right and the opportunity, without any
of the distinctions mentioned in article 2 and without unreasonable restrictions:
To take part in the conduct of public affairs, directly or through freely chosen
representatives;
b) To vote and to be elected at genuine periodic elections which shall be by universal
and equal suffrage and shall be held by secret ballot, guaranteeing the free expression
of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law shall prohibit
any discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race,,colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
In those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in community
with the other members of their group, to enjoy their own culture, to profess and
practise their own religion, or to use their own language.
PART IV
1. There shall be established a Human Rights Committee (hereafter
referred to in the present Covenant as the Committee). It shall consist of eighteen
members and shall carry out the functions hereinafter provided.
2. The Committee shall be composed of nationals of the States Parties to the
present Covenant who shall be persons of high moral character and recognized competence
in the field of human rights, consideration being given to the usefulness of
the participation of some persons having legal experience.
3. The members of the Committee shall be elected and shall serve in their personal
capacity.
999, 1-
180 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
Article 29. Article 30. 1. alphabet
ical represen
tatives Article 31. Article 32. preced
ing Article 33. ab
sence res
ignation Article 34. 999,1-- -Recueil Trait~s 1. The members of the Committee shall be elected by secret
ballot from a list of persons possessing the qualifications prescribed in article 28 and
nominated for the purpose by the States Parties to the present Covenant.
2. Each State Party to the present Covenant may nominate not more than two
persons. These persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
The initial election shall be held no later than six months after
the date of the entry into force of the present Covenant.
2. At least four months before the date of each election to the Committee,
other than an election to fill a vacancy declared in accordance with article 34, the
Secretary-General of the United Nations shall address a written invitation to the
States Parties to the present Covenant to submit their nominations for membership
of the Comittee within three months.
3. The Secretary-General of the United Nations shall prepare a list in alphabetical
order of all the persons thus nominated, with an indication of the States Parties
which have nominated them, and shall submit it to the States Parties to the present
Covenant no later than one month before the date of each election.
4. Elections of the members of the Committee shall be held at a meeting of the
States Parties to the present Covenant convened by the Secretary-General of the
United Nations at the Headquarters of the United Nations. At that meeting, for
which two thirds of the States Parties to the present Covenant shall constitute a
quorum, the persons elected to the Committee shall be those nominees who obtain
the largest number of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.
1. The Committee may not include more than one national of the
same State.
2. In the election of the Committee, consideration shall be given to equitable
geographical distribution of membership and to the representation of the different
forms of civilization and of the principal legal systems.
1. The members of the Committee shall be elected for a term of
four years. They shall be eligible for re-election if renominated. However, the terms
of nine of the members elected at the first election shall expire at the end of two
years; immediately after the first election, the names of these nine members shall be
chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.
2. Elections at the expiry of office shall be held in accordance with the preceding
articles of this part of the present Covenant.
1. If, in the unanimous opinion of the other members, a member
of the Committee has ceased to carry out his functions for any cause other than absence
of a temporary character, the Chairman of the Committee shall notify the
Secretary-General of the United Nations, who shall then declare the seat of that
member to be vacant.
2. In the event of the death or the resignation of a member of the Committee,
the Chairman shall immediately notify the Secretary-General of the United Nations,
who shall declare the seat vacant from the date of death or the date on which the resignation
takes effect.
1. When a vacancy is declared in accordance with article 33 and
if the term of office of the member to be replaced does not expire within six months
Vol. 999, 1-14668
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 181
of alpha
betical accord
ance Article 35. Article 36. Article 37. Na
tions Article 38. im
partially Article 39. inter alia, (a) (b) Article 40. sub
mit recog
nized (a) (b) Na
tions, in
dicate 999,1-1976 Natiohs --- - Trait~s 181
of the declaration of the vacancy, the Secretary-General of the United Nations shall
notify each of the States Parties to the present Covenant, which may within two
months submit nominations in accordance with article 29 for the purpose of filling
the vacancy.
2. The Secretary-General of the United Nations shall prepare a list in alphabetical
order of the persons thus nominated and shall submit it to the States Parties to
the present Covenant. The election to fill the vacancy shall then take place in accordance
with the relevant provisions of this part of the present Covenant.
3. A member of the Committee elected to fill a vacancy declared in accordance
with article 33 shall hold office for the remainder of the term of the member who
vacated the seat on the Committee under the provisions of that article.
The members of the Committee shall, with the approval of the
General Assembly of the United Nations, receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide, having
regard to the importance of the Committee's responsibilities.
The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of the functions of the
Committee under the present Covenant.
1. The Secretary-General of the United Nations shall convene
the initial meeting of the Committee at the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at such times as shall be
provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters of the United Nations
or at the United Nations Office at Geneva.
Every member of the Committee shall, before taking up his duties,
make a solemn declaration in open committee that he will perform his functions impartially
and conscientiously.
1. The Committee shall elect its officers for a term of two years.
They may be re-elected.
2. The Committee shall establish its own rules of procedure, but these rules
shall provide, that:
Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the members
present.
1. The States Parties to the present Covenant undertake to submit
reports on the measures they have adopted which give effect to the rights recognized
herein and on the progress made in the enjoyment of those rights:
Within one year of the entry into force of the present Covenant for the States
Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United Nations,
who shall transmit them to the Committee for consideration. Reports shall indicate
the factors and difficulties, if any, affecting the implementation of the present
Covenant.
Vol. 999, 1-14668
182 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
consider Article 4L (a) If com
munication, (b) con
cerned com
munication, ascer
tained pro
longed.
(d) communica
tions (e) so
lution free
doms (/) (b), (g) (b), 999,1-Trait~s 1976
3. The Secretary-General of the United Nations may, after consultation with
the Committee, transmit to the specialized agencies concerned copies of such parts of
the reports as may fall within their field of competence.
4. The Committee shall study the reports submitted by the States Parties to the
present Covenant. It shall transmit its reports, and such general comments as it may
consider appropriate, to the States Parties. The Committee may also transmit to the
Economic and Social Council these comments along with the copies of the reports it
has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the Committee
observations on any comments that may be made in accordance with paragraph 4 of
this article.
41. 1. A State Party to the present Covenant may at any time declare
under this article that it recognizes the competence of the Committee to receive and
consider communications to the effect that a State Party claims that another State
Party is not fulfilling its obligations under the present Covenant. Communications
under this article may be received and considered only if submitted by a State Party
which has made a declaration recognizing in regard to itself the competence of the
Committee. No communication shall be received by the Committee if it concerns a
State Party which has not made such a declaration. Communications received under
this article shall be dealt with in accordance with the following procedure:
(a) a State Party to the present Covenant considers that another State Party
is not giving effect to the provisions of the present Covenant, it may, by written communication,
bring the matter to the attention of that State Party. Within three
months after the receipt of the communication, the receiving State shall afford the
State which sent the communication an explanation or any other statement in writing
clarifying the matter, which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending, or available in the
matter.
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned
within six months after the receipt by the receiving State of the initial communication,
either State shall have the right to refer the matter to the Committee, by
notice given to the Committee and to the other State.
(c) The Committee shall deal with a matter referred to it only after it has ascertained
that all available domestic remedies have been invoked and exhausted in the
matter, in conformity with the generally recognized principles of international law.
This shall not be the rule where the application of the remedies is unreasonably prolonged.
The Committee shall hold closed meetings when examining communications
under this article.
(e) Subject to the provisions of sub-paragraph (c), the Committee shall make
available its good offices to the States Parties concerned with a view to a friendly solution
of the matter on the basis of respect for human rights and fundamental freedoms
as recognized in the present Covenant.
() In any matter referred to it, the Committee may call upon the States Parties
concerned, referred to in sub-paragraph (b), to supply any relevant information.
The States Parties concerned, referred to in sub-paragraph (b), shall have
the right to be represented when the matter is being considered in the Committee and
to make submissions orally and/or in writing.
Vol. 999, 1-14668
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 183
(h) 6), (i) (e) (e) dec
laration com
munication Article 42. (a) Com
mittee ad hoc
of
fices o) Par
ties arti
cle consul
tation con
cerned.
information.
999,1-- Trait~s 183
The Committee shall, within twelve months after the date of receipt of
notice under sub-paragraph (b), submit a report:
() If a solution within the terms of sub-paragraph (e) is reached, the Committee
shall confine its report to a brief statement of the facts and of the solution
reached;
(ii) If a solution within the terms of sub-paragraph is not reached, the Committee
shall confine its report to a brief statement of the facts; the written submissions
and record of the oral submissions made by the States Parties concerned shall be
attached to the report.
In every matter, the report shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when ten States Parties to
the present Covenant have made declarations under paragraph 1 of this article. Such
declarations shall be deposited by the States Parties with the Secretary-General of the
United Nations, who shall transmit copies thereof to the other States Parties. A declaration
may be withdrawn at any time by notification to the Secretary-General.
Such a withdrawal shall not prejudice the consideration of any matter which is the
subject of a communication already transmitted under this article; no further communication
by any State Party shall be received after the notification of withdrawal
of the declaration has been received by the Secretary-General, unless the State Party
concerned has made a new declaration.
1. If a matter referred to the Committee in accordance with
article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee
may, with the prior consent of the States Parties concerned, appoint an ad hoc
Conciliation Commission (hereinafter referred to as the Commission). The good offices
of the Commission shall be made available to the States Parties concerned with
a view to an amicable solution of the matter on the basis of respect for the present
Covenant.
(b) The Commission shall consist of five persons acceptable to the States Parties
concerned. If the States Parties concerned fail to reach agreement within three
months on all or part of the composition of the Commission the members of the
Commission concerning whom no agreement has been reached shall be elected by
secret ballot by a two-thirds majority vote of the Committee from among its
members.
2. The members of the Commission shall serve in their personal capacity. They
shall not be nationals of the States Parties concerned, or of a State not party to the
present Covenant, or of a State Party which has not made a declaration under article
41.
3. The Commission shall elect its own Chairman and adopt its own rules of
procedure.
4. The meetings of the Commission shall normally be held at the Headquarters
of the United Nations or at the United Nations Office at Geneva. However, they may
be held at such other convenient places as the Commission may determine in consultation
with the Secretary-General of the United Nations and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also service the
commissions appointed under this article.
6. The information received and collated by the Committee shall be made
available to the Commission and the Commission may call upon the States Parties
concerned to supply any other relevant information,
Vol. 999, 1-14668
184 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
con
cerned.
(a) (b) (b) Commis
sion's sub
missions con
cerned.
(d) Par
ties Article 43. ad hoc facil
ities, Nations. 1
Article 44. Na
tions Article 45. PARTY
Article 46. 1 Treaty Series, Vol. 999,1-14668
-- Reeueil Trait~s 7. When the Commission has fully considered the matter, but in any event not
later than twelve months after having been seized of the matter, it shall submit to the
Chairman of the Committee a report for communication to the States Parties concerned.
If the Commission is unable to complete its consideration of the matter within
twelve months, it shall confine its report to a brief statement of the status of its
consideration of the matter.
If an amicable solution to the matter on the basis of respect for human rights as
recognized in the present Covenant is reached, the Commission shall confine its
report to a brief statement of the facts and of the solution reached.
(c) If a solution within the terms of sub-paragraph is not reached, the Commission's
report shall embody its findings on all questions of fact relevant to the
issues between the States Parties concerned, and its views on the possibilities of
an amicable solution of the matter. This report shall also contain the written submissions
and a record of the oral submissions made by the States Parties concerned.
If the Commission's report is submitted under sub-paragraph (c), the States Parties
concerned shall, within three months of the receipt of the report, notify the
Chairman of the Committee whether or not they accept the contents of the
report of the Commission.
8. The provisions of this article are without prejudice to the responsibilities of
the Committee under article 41.
9. The States Parties concerned shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided by the
Secretary-General of the United Nations.
10. The Secretary-General of the United Nations shall be empowered to pay
the expenses of the members of the Commission, if necessary, before reimbursement
by the States Parties concerned, in accordance with paragraph 9 of this article.
The members of the Committee, and of the conciliation
commissions which may be appointed under article 42, shall be entitled to the facilities,
privileges and immunities of experts on mission for the United Nations as laid
down in the relevant sections of the Convention on the Privileges and Immunities of
the United Nations.'
The provisions for the implementation of the present Covenant
shall apply without prejudice to the procedures prescribed in the field of human
rights by or under the constituent instruments and the conventions of the United Nations
and of the specialized agencies and shall not prevent the States Parties to the
present Covenant from having recourse to other procedures for settling a dispute in
accordance with general or special international agreements in force between them.
The Committee shall submit to the General Assembly of the
United Nations through the Economic and Social Council, an annual report on its
activities.
PART V
Nothing in the present Covenant shall be interpreted as impairing
the provisions of the Charter of the United Nations and of the constitutions of the
United Nations, vol. 1, p. 15, and vol. 90, p. 327 (corrigendum to vol. 1, p. 18).
999, I-
— Treaty — Recueil Traités Article 47. Article 48. ratifi
cation Article 49. thirtyfifth
Article 50. Article 51. con
sidering consti
tutional 999,1-1976 United Nations -Treaty Series • Nations Unies --- Reeueil des Trait~s 185
specialized agencies which define the respective responsibilities of the various organs
of the United Nations and of the specialized agencies in regard to the matters dealt
with in the present Covenant.
Nothing in the present Covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and freely their natural
wealth and resources.
PART VI
1. The present Covenant is open for signature by any State
Member of the United Nations or member of any of its specialized agencies, by any
State Party to the Statute of the International Court of Justice, and by any other
State which has been invited by the General Assembly of the United Nations to
become a party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in
paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument of accession with
the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States which
have signed this Covenant or acceded to it of the deposit of each instrument of ratification
or accession.
1. The present Covenant shall enter into force three months after
the date of the deposit with the Secretary-General of the United Nations of the thirtyfifth
instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the
deposit of the thirty-fifth instrument of ratification or instrument of accession, the
present Covenant shall enter into force three months after the date of the deposit of
its own instrument of ratification or instrument of accession.
The provisions of the present Covenant shall extend to all parts of
federal States without any limitations or exceptions.
1. Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United Nations. The
Secretary-General of the United Nations shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with a request that they
notify him whether they favour a conference of States Parties for the purpose of considering
and voting upon the proposals. In the event that at least one third of the
States Parties favours such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any amendment adopted by a
majority of the States Parties present and voting at the conference shall be submitted
to the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority of
the States Parties to the present Covenant in accordance with their respective constitutional
processes.
Vol. 999, 1-14668
186 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
corne provi
sions Article 52. para
graph (a) (b) Article 53. FAITH WHEREOF 999,1--- Trait~s 1976
3. When amendments come into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by the provisions
of the present Covenant and any earlier amendment which they have accepted.
Article 52. Irrespective of the notifications made under article 48, paragraph
5, the Secretary-General of the United Nations shall inform all States referred
to in paragraph 1 of the same article of the following particulars:
Signatures, ratifications and accessions under article 48;
The date of the entry into force of the present Covenant under article 49 and the
date of the entry into force of any amendments under article 51.
Article 53. 1. The present Covenant, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited in the archives of
the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies
of the present Covenant to all States referred to in article 48.
IN FAITH WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed the present Covenant, opened for signature at
New York, on the nineteenth day of December, one thousand nine hundred and
sixty-six.
Vol. 999, I-14668
lo. MULTILATERAL
Protoeol Nations 19 1966
MULTILATIRAL
Adopte' i'Assemblie generale decembre susmentionne.
Adopte' l'Assemblee generale decembre franpais, Enregistrds Vol. 999, i-o. 14668
MULTILATERAL
International Covenant on Civil and Political Rights.
Adopted by the General Assembly of the United
Nations on 19 December 1966
Optional Protocol to the above-mentioned Covenant.
Adopted by the General Assembly of the United
on December Authentic texts: English, French, Chinese, Russian and Spanish
Registered ex officio on 23 March 1976.
MULTILAT~RAL
Pacte international relatif aux droits civils et politiques.
Adopt~ par PAssemhl~e g~n~rale des Nations Unies le
19 d~cemhre 1966
Protocole facultatif se rapportant au Pacte susmentionn~.
Adopt~ par PAssembl~e g~n~rale des Nations Unies le
19 d~cembre 1966
Textes authentiques : anglais, francais, chinois, russe et espagnol.
Enregistr~s d'office le 23 mars 1976.
1-14668
302 United Nations - Treaty Series * Nations Unies - Recueil des Trait~s 1976
OPTIONAL PROTOCOL' TO THE INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS
The States Parties to the present Protocol,
Considering that in order further to achieve the purposes of the Covenant on
Civil and Political Rights (hereinafter referred to as the Covenant) and the implementation
of its provisions it would be appropriate to enable the Human Rights
Committee set up in part IV of the Covenant (hereinafter referred to as the Committee)
to receive and consider, as provided in the present Protocol, communications
from individuals claiming to be victims of violations of any of the rights set forth in
the Covenant,
Have agreed as follows:
Article 1. A State Party to the Covenant that becomes a party to the present
Protocol recognizes the competence of the Committee to receive and consider communications
from individuals subject to its jurisdiction who claim to be victims of a
violation by that State Party of any of the rights set forth in the Covenant. No communication
shall be received by the Committee if it concerns a State Party to the
Covenant which is not a party to the present Protocol.
Article 2. Subject to the provisions of article 1, individuals who claim that any
of their rights enumerated in the Covenant have been violated and who have exhausted
all available domestic remedies may submit a written communication to the
Committee for consideration.
Article 3. The Committee shall consider inadmissible any communication
under the present Protocol which is anonymous, or which it considers to be an abuse
I Came into force on 23 March 1976 in respect of the following States, i.e., three months after the date of the deposit
with the Secretary-General of the United Nations of the tenth instrument of ratification or accession (the Covenant of
19 December 1966 on Civil and Political Rights having itself entered into force), in accordance with article 9 (1):*
Date of deposit of the instrument
of ratification or
State accession (a)
" Costa Rica ..................... 29 November 1968
(Signature affixed on 19 December
1966.)
Ecuador ....................... 6 March 1969
(Signature affixed on 4 April
1968.)
Colombia ....................... 29 October 1969
(Signature affixed on 21 December
1966.)
Uruguay ....................... I April 1970
(Signature affixed on 21 February
1967.)
Madagascar ..................... 21 June 1971
(Signature affixed on 17 September
1969.)
, Sweden" ....................... 6 December 1971
(Signature affixed on 29 September
1967.)
Date of deposit of the instrument
of rattfication or
State accesston (a)
Denmark*..................... 6 January 1972
(Signature affixed on 20 March
1968.)
Norway- ....................... 13 September 1972
(Signature affixed on 20 March
1968.)
Barbados ....................... 5 January 1973a
Mauritius ....................... 12 December 1973a 5Finland ......................... 19 August 1975
(Signature affixed on 11 December
1967.)
/Jamaica ......................... 3 October 1975
(Signature affixed on 19 December
1966.)
Same procedure, mutatis mutandis, as for the Covenant itself: see note", p. 173.
** See p. 346 of this volume for the texts of the declarations and reservations made upon ratification or accession.
Vol. 999.1-14668
302 United Nations -- Treaty Series • Nations Unies --- Recueil des Trait~s 1976
OPTIONAL PROTOCOL' TO THE INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS
The States Parties to the present Protocol,
Considering that in order further to achieve the purposes of the Covenant on
Civil and Political Rights (hereinafter referred to as the Covenant) and the implementation
of its provisions it would be appropriate to enable the Human Rights
Committee set up in part IV of the Covenant (hereinafter referred to as the Committee)
to receive and consider, as provided in the present Protocol, communications
from individuals claiming to be victims of violations of any of the rights set forth in
the Covenant,
Have agreed as follows:
Article I. A State Party to the Covenant that becomes a party to the present
Protocol recognizes the competence of the Committee to receive and consider communications
from individuals subject to its jurisdiction who claim to be victims of a
violation by that State Party of any of the rights set forth in the Covenant. No communication
shall be received by the Committee if it concerns a State Party to the
Covenant which is not a party to the present Protocol.
Article 2. Subject to the provisions of article 1, individuals who claim that any
of their rights enumerated in the Covenant have been violated and who have exhausted
all available domestic remedies may submit a written communication to the
Committee for consideration.
Article 3. The Committee shall consider inadmissible any communication
under the present Protocol which is anonymous, or which it considers to be an abuse
1 Came into force on 23 March 1976 in respect of the foUowing States, i.e., three months after the date of the deposit
with the Secretary-General of the United Nations of the tenth instrument of ratification or accession (the Covenant of
19 December 1966 on Civil and Political Rights having itself entered into force), in accordance with article 9 (1):
State
Date of deposit of the instrument
of ratification or
accession (a) State
Date of deposit of the instrument
of ratification or
accession (a)
_Costa Rica ........23·8·8........ 29 November 1968
(Signature affixed on 19 December
1966.)
.lj Ecuador . . . . . . . . . . . . . . . . . . . . .. .. 6 March 1969
(Signature affixed on 4 April
1968.)
/ Colombia 29 October 1969
(Signature affixed on 21 December
1966.)
p Uruguay ........................ I April
(Signature affixed on 21 February
1967.) 7 Madagascar 21 June
(Signature affixed on 17 September
1969.)
Sweden .......·.......08.·.... 6December 1971
• (Signature affixed on 29 September
1967.)
.
Denmark....................... 6January 1972
(Signature affixed on 20 March
1968.)
Norway•• 13 September 1972
(Signature affixed on 20 March
1968.)
Barbados . . . . . . . . . . . . . . . . . . . . . . . 5 January I 973a
Mauritius 12 December 1973a
Finland 19 August 1975
(Signature affixed on II December
1967.)
Jamaica......................... 3 October 1975
(Signature affixed on 19 December
1966.)
1971
1970
• Same procedure, mutatis mutandis, as for the Covenant itself: see note, p. I 73.
•• See p. 346 of this volume for the texts of the declarations and reservations made upon ratification or accession.
Vol. 999, 1-14668
- Trealy * - Recueil des Traits or to be incompatible with the
Article 4. 1. to the attention of
written
if any, that may
by that State.
Article 5. 1. communications
Article 6. the Covenant a summary of its activities under the present Protocol.
Article concerning
petition
international
Article 8. ratified
ratified
I Official GeneralAssembly, 4684), Vol. 999,1-14668
1976 United Nations Treaty Series e Nations Unies - Recueil des Trait~s 303
of the right of submission of such communications or to be incompatible with the
provisions of the Covenant.
Subject to the provisions of article 3, the Committee shall bring
any communications submitted to it under the present Protocol to the attention of
the State Party to the present Protocol alleged to be violating any provision of the
Covenant.
2. Within six months, the receiving State shall submit to the Committee written
explanations or statements clarifying the matter and the remedy, if any, that may
have been taken by that State.
l. The Committee shall consider communications received under
the present Protocol in the light of all written information made available to it by the
individual and by the State Party concerned.
2. The Committee shall not consider any communication from an individual
unless it has ascertained that:
(a) The same matter is not being examined under another procedure of international
investigation or settlement;
(b) The individual has exhausted all available domestic remedies. This shall not be
the rule where the application of the remedies is unreasonably prolonged.
3. The Committee shall hold closed meetings when examining communications
under the present Protocol.
4. The Committee shall forward its views to the State Party concerned and to
the individual.
The Committee shall include in its annual report under article 45 of
the Covenant a summary of its activities under the present Protocol.
7. Pending the achievement of the objectives of resolution 1514 (XV)
adopted by the General Assembly of the United Nations on 14 December 1960' concerning
the Declaration on the Granting of Independence to Colonial Countries and
Peoples, the provisions of the present Protocol shall in no way limit the right of petition
granted to these peoples by the Charter of the United Nations and other international
conventions and instruments under the United Nations and its specialized
agencies.
1. The present Protocol is open for signature by any State which
has signed the Covenant.
2. The present Protocol is subject to ratification by any State which has ratified
or acceded to the Covenant. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. The present Protocol shall be open to accession by any State which has ratified
or acceded to the Covenant.
4. Accession shall be effected by the deposit of an instrument of accession with
the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States which
have signed the present Protocol or acceded to it of the deposit of each instrument of
ratification or accession.
United Nations, Offical Records of the General Assembly, Fifteenth Session, Supplement No. 16 (A/4684), p. 66.
999, 1-
304 United Nations - Treaty Series a Nations Unies - Recueil des Traites 1976
Article 9. 1. Subject to the entry into force of the Covenant, the present
Protocol shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the tenth instrument of ratification or instrument
of accession.
2. For each State ratifying the present Protocol or acceding to it after the
deposit of the tenth instrument of ratification or instrument of accession, the present
Protocol shall enter into force three months after the date of the deposit of its own
instrument of ratification or instrument of accession.
Article 10. The provisions of the present Protocol shall extend to all parts of
federal States without any limitations or exceptions.
Article 11. 1. Any State Party to the present Protocol may propose an
amendment and file it with the Secretary-General of the United Nations. The
Secretary-General shall thereupon communicate any proposed amendments to the
States Parties to the present Protocol with a request that they notify him whether
they favour a conference of States Parties for the purpose of considering and voting
upon the proposal. In the event that at least one third of the States Parties favours
such a conference, the Secretary-General shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of the States
Parties present and voting at the conference shall be submitted to the General Assembly
of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority of
the States Parties to the present Protocol in accordance with their respective constitutional
processes.
3. When amendments come into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by the provisions
of the present Protocol and any earlier amendment which they have accepted.
Article 12. 1. Any State Party may denounce the present Protocol at any
time by written notification addressed to the Secretary-General of the United Nations.
Denunciation shall take effect three months after the date of receipt of the notification
by the Secretary-General.
2. Denunciation shall be without prejudice to the continued application of the
provisions of the present Protocol to any communication submitted under article 2
before the effective date of denunciation.
Article 13. Irrespective of the notifications made under article 8, paragraph 5,
of the present Protocol, the Secretary-General of the United Nations shall inform all
States referred to in article 48, paragraph 1, of the Covenant of the following particulars:
(a) Signatures, ratifications and accessions under article 8;
(b) The date of the entry into force of the present Protocol under article 9 and the
date of the entry into force of any amendments under article 11;
(c) Denunciations under article 12.
Article 14. 1. The present Protocol, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited in the archives of
the United Nations.
Vol. 999, 1-14668
304 United Nations - Treaty Series • Nations Unies -- Recueil des Trait~s 1976
Article 9. l. Subject to the entry into force of the Covenant, the present
Protocol shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the tenth instrument of ratification or instrument
of accession.
2. For each State ratifying the present Protocol or acceding to it after the
deposit of the tenth instrument of ratification or instrument of accession, the present
Protocol shall enter into force three months after the date of the deposit of its own
instrument of ratification or instrument of accession.
Article JO. The provisions of the present Protocol shall extend to all parts of
federal States without any limitations or exceptions.
Article 11. l. Any State Party to the present Protocol may propose an
amendment and file it with the Secretary-General of the United Nations. The
Secretary-General shall thereupon communicate any proposed amendments to the
States Parties to the present Protocol with a request that they notify him whether
they favour a conference of States Parties for the purpose of considering and voting
upon the proposal. In the event that at least one third of the States Parties favours
such a conference, the Secretary-General shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of the States
Parties present and voting at the conference shall be submitted to the General Assembly
of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority of
the States Parties to the present Protocol in accordance with their respective constitutional
processes.
3. When amendments come into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by the provisions
of the present Protocol and any earlier amendment which they have accepted.
Article 12. l. Any State Party may denounce the present Protocol at any
time by written notification addressed to the Secretary-General of the United Nations.
Denunciation shall take effect three months after the date of receipt of the notification
by the Secretary-General.
2. Denunciation shall be without prejudice to the continued application of the
provisions of the present Protocol to any communication submitted under article 2
before the effective date of denunciation.
Article 13. Irrespective of the notifications made under article 8, paragraph 5,
of the present Protocol, the Secretary-General of the United Nations shall inform all
States referred to in article 48, paragraph I, of the Covenant of the following particulars:
(a) Signatures, ratifications and accessions under article 8;
(b) The date of the entry into force of the present Protocol under article 9 and the
date of the entry into force of any amendments under article 11;
(c) Denunciations under article 12.
Article 14. I. The present Protocol, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited in the archives of
the United Nations.
Vol. 999, I-14668
- 9 Recueii Traites
2. of the present Protocol to all States referred to in article 48 of the Covenant.
respective
Governments, have signed the present Protocol, opened for signature at
New York, on the nineteenth day of December, one thousand nine hundred and
Vol. 999, 1-14668
1976 United Nations -- Treaty Series • Nations Unies - Recueil des Trait~s 305
2. The Secretary-General of the United Nations shall transmit certified copies
of the present Protocol to all States referred to in article 48 of the Covenant.
IN FAITH WHEREOF the undersigned, being duly authorized thereto by their respective
Governments, have signed the present Protocol, opened for signature at
New York, on the nineteenth day of December, one thousand nine hundred and
sixty-six.
1-14668
414 - * - Trait(1991
INTERNATIONAL GENERAL
1966'
SECOND OPTIONAL PROTOCOL TO THE
ABOVE-MENTIONED COVENANT, AIMING
AT THE ABOLITION OF THE DEATH PENALTY.
ADOPTED BY THE GENERAL ASSEMBLY
OF THE UNITED NATIONS ON 15 DECEMBER
Russian and Spanish.
I 4 5 1 1141,1144,1147, 1161, 1195, 1197, 1199, 1202, 1203, 1205, 1207, 1211,
1272, 1275, 1276, 1279, 1286, 1289, 1291, 1295, 1296, 1299,
1356,
1399. 1404, 1422, 1424, 1427. 1429, 1434, 1435, 1436, 1437, 1438, 1439,
1457. 1482. 1487. Vol. 1642, A-14668
No PACTE RELATIF AUX ADOPTI L'ASSEMBLEE
GtNIRALE DES NATIONS
UNIES LE D1tCEMBRE
1966'
DEUXIPME PROTOCOLE FACULTATIF SE
RAPPORTANT AU PACTE SUSMENTIONNE,
A ADOPT9 PAR L'ASSEMBL9E G9N9RALE
DES NATIONS UNIES LE 15 D9CEMBRE
chinois, russe et espagnol.
Enregistri le 11 juillet 1991.
I des Traitds, 171;
espagnol);
ultdrieurs, rdf~donn6es n-s 'annexe volumes
1138, 1202,
1207,1211, 1214,1216, 1249, 1256. 1259, 1261, 1272, 1275, 1276, 1279, 1286, 1289,
1291, 1295, 1296, 1299, 1305, 1308. 1312, 1314, 1316, 1324,
1338, 1339, 1344, 1347, 1348, 1349,
1351, 1352, 1354, 1356, 1357, 1358, 1360, 1365, 1379, 1387,
1413, 1417, 1419, 1421, 1422, 1424, 1427, 1429, 1434, 1435,
1436, 1437, 1438, 1439. 1441, 1443, 1444, 1455, 1457, 1458,
1478. 1480, 1482, 1484,
1487, 1488, 1490, 1491, 1492, 1495, 1498, 1499, 1501,
1563, 1564, 1567, 1570, 1577,
1579, 1580, 1582, 1593, 1598, 1607, 1637 United Nations -- Treaty Series • Nations Unies Recueil des Trait~s No. 14668. COVENANT
ON CIVIL AND POLITICAL
RIGHTS. ADOPTED BY THE GENERAL
ASSEMBLY OF THE UNITED
NATIONS ON 16 DECEMBER 1966!
SECOND OPTIONAL PROTOCOL TO THE
ABOVE-MENTIONED COVENANT, AIMING
AT THE ABOLITION OF THE DEATH PENALTY.
ADOPTED BY THE GENERAL ASSEMBLY
OF THE UNITED NATIONS ON 15 DECEMBER
1989
Authentic texts: English, French, Arabic,
Chinese, Russian and Spanish.
Registered ex officio on 11 July 1991.
1 United Nations, Treaty Series, vol. 999, p. 171;
vol. 1057, p. 407 (rectification of authentic Spanish text);
vol. 1059, p. 451 (corrigendum to vol. 999); for subsequent
actions, see references in Cumulative Indexes Nos. 17
and 18, as well as annex A in volumes 1103, 1106, 1120,
1130, 1131, 1132, 1136, 1138, 1141, 1144, 1147, 1150, 1151,
1161, 1181, 1195, 1197, 1199, 1202, 1203, 1205, 1207, 1211,
1213, 1214, 1216, 1218, 1222, 1225, 1249, 1256, 1259, 1261,
1272, 1275, 1276, 1279, 1286, 1289. 1291, 1295, 1296, 1299,
1305, 1308, 1312, 1314, 1316, 1324, 1328, 1329, 1333, 1334,
1338, 1339, 1344, 1347, 1348, 1349, 1351, 1352, 1354, 1356,
1357, 1358, 1360, 1365, 1379, 1387, 1389, 1390, 1392, 1393,
1399, 1403, 1404. 1408, 1409. 1410, 1413, 1417, 1419, 1421,
1422, 1424, 1427, 1429, 1434, 1435, 1436, 1437, 1438, 1439,
1441, 1443, 1444, 1455, 1457, 1458, 1462, 1463, 1464, 1465,
1475, 1477, 1478, 1480, 1482, 1484, 1485, 1487, 1488, 1490,
1491, 1492, 1495, 1498, 1499, 1501, 1502, 1505, 1506, 1508,
1510, 1512, 1513, 1515, 1520, 1522, 1525, 1527, 1530, 1533,
1534, 1535, 1540, 1543, 1545, 1548, 1551, 1555, 1556, 1557,
1562, 1563, 1564, 1567, 1570, 1577, 1578, 1579, 1580, 1582,
1593, 1598, 1607, 1637 and 1639.
A-14668
N° 14668. INTERNATIONAL
DROITS CIVILS ET
POLITIQUES. ADOPT~ PAR L'ASSEMBL~
E G~N~RALE NATIONS
16 D~CEMBRE
1966!
DEUXI~ME PROTOCOLE FACULTATIF SE
RAPPORTANT AU PACTE SUSMENTIONN~,
VISANT ~ ABOLIR LA PEINE DE MORT.
ADOPT~ PAR L'ASSEMBLE G~N~RALE
DES NATIONS UNIES LE I5 D~CEMBRE
1989
Textes authentiques: anglais, fran~ais,
arabe, chinois, russe et espagnol.
Enregistr~ d'office le 1l juillet 1991.
' Nations Unies, Recueil des Trait~s, vol. 999, p. I7I;
vol. 1057, p. 407 (rectification du texte authentique espagnol);
vol. 1059, p. 451 (corrigendum au vol. 999); pour les
faits ult~rieurs, voir les r~f~rences donn~es dans les Index
cumulatifs no 17 et 18, ainsi que l'annexe A des volumes
1103, 1106, 1120, 1130, 1131, 1132, 1136, I 138, 1141,
1144, 1147, 1150, 1151, 1161, 1181, 1195, 1197, 1199, 1202,
1203, 1205, 1207, 1211, 1213, 1214, 1216, 1218, 1222, 1225,
1249, 1256, 1259, 1261, 1272, 1275, 1276, 1279, 1286, 1289,
1291, 1295, 1296, 1299, 1305, 1308, 1312, 1314, 1316, 1324,
1328, 1329, 1333, 1334, 1338, 1339, 1344, 1347, 1348, 1349,
1351, 1352, 1354, 1356, 1357, 1358, 1360, 1365, 1379, 1387,
1389, 1390, 1392, 1393, 1399, 1403, 1404, 1408, 1409, 1410,
1413, 1417, 1419, 1421, 1422, 1424, 1427, 1429, 1434, 1435,
1436, 1437, 1438, 1439, 1441, 1443, 1444, 1455, 1457, 1458,
1462, 1463, 1464, 1465, 1475, 1477, 1478, 1480, 1482, 1484,
1485, 1487, 1488, 1490, 1491, 1492, 1495, 1498, 1499, 1501,
1502, 1505, 1506, 1508, 1510, 1512, 1513, 1515, 1520, 1522,
1525, 1527, 1530, 1533, 1534, 1535, 1540, 1543, 1545, 1548,
1551, 1555, 1556, 1557, 1562, 1563, 1564, 1567, 1570, 1577,
1578, 1579, 1580, 1582, 1593, 1598, 1607, 1637 et 1639.
1991 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 415
SECOND OPTIONAL PROTOCOL' TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL
RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY
2
The States Parties to the present Protocol,
Believing that abolition of the death penalty contributes to
enhancement of human dignity and progressive development of human rights,
Recalling article 3 of the Universal Declaration of Human Rights
adopted on 10 December 19483 and article 6 of the International Covenant
on Civil and Political Rights adopted on 16 December 1966,
Noting that article 6 of the International Covenant on Civil and
Political Rights refers to abolition of the death penalty in terms that
strongly suggest that abolition is desirable,
Convinced that all measures of abolition of the death penalty should
be considered as progress in the enjoyment of the right to life,
Desirous to undertake hereby an international commitment to abolish
the death penalty,
Have agreed as follows:
Article 1
1. No one within the jurisdiction of a State Party to the present
Protocol shall be executed.
2. Each State Party shall take all necessary measures to abolish
the death penalty within its jurisdiction.
I The Protocol came into force on I I July 1991 in respect of the following States, i.e., three months after the date
of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession, in
accordance with article 8 (1):
Date of deposit
of the instrument
of ratification
Participant or accesion (a)
A ustralia .............................................................. 2 October 1990 a
Finland ............................................................... 4 A pril 1991
German Democratic Republic* ........................................... 16 August 1990
Iceland ............................................................... 2 April 1991
N etherlands ........................................................... 26 M arch 1991
(For the Kingdom in Europe, the Netherlands Antilles and Aruba.)
New Zealand .......................................................... 22 February 1990
Portugal ............................................................... 17 O ctober 1990
Rom ania .............................................................. 27 February 1991
Spain " ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II A pril 1991
Sw eden ............................................................... 11 M ay 1990
* Prior to the coming into effect of the ratification, which should have taken place on II July 1991,
the German Democratic Republic acceded to the Federal Republic of Germany with effect from
3 October 1990.
•* See p. 471 of this volume for the text of the reservation made upon ratification.
2 United Nations, Treaty Series, vol. 999, p. 171.
3 United Nations, Official Records of the Third Session of the General Assembly, part I, p. 71.
Vol. 1642, A-14668
1991 United Nations -- Treaty Series • Nations Unies Recueil des Trait~s 415
SECOND OPTIONAL PROTOCOL! TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL
RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY?
The States Parties to the present Protocol,
Believing that abolition of the death penalty contributes to
enhancement of human dignity and progressive development of human rights,
Recalling article 3 of the Universal Declaration of Human Rights
adopted on l0 December 19483 and article 6 of the International Covenant
on Civil and Political Rights adopted on 16 December 1966,
Noting that article 6 of the International Covenant on Civil and
Political Rights refers to abolition of the death penalty in terms that
strongly suggest that abolition is desirable,
Convinced that all measures of abolition of the death penalty should
be considered as progress in the enjoyment of the right to life,
Desirous to undertake hereby an international commitment to abolish
the death penalty,
Have agreed as follows:
Article l
l. No one within the jurisdiction of a State Party to the present
Protocol shall be executed.
2. Each State Party shall take all necessary measures to abolish
the death penalty within its jurisdiction.
1 The Protocol came into force on 11 July 1991 in respect of the following States, i.e., three months after the date
of the deposit with the Secretary-General of the United Natons of the tenth instrument of ratification or accession, in
accordance with article 8 (I):
Participant
Australia .
Finland .
German Democratic Republic• .
Iceland ••••••• ••••••••••·····················
Netherlands • •
(For the Kingdom in Europe, the Netherlands Antilles and Aruba.)
New Zealand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 February 1990
Portugal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 October 1990
Romania.............................................................. 27 February 1991 coo:woo/r • Prior to the coming into effect of the ratification, which should have taken place on 11 July 1991,
the German Democratic Republic acceded to the Federal Republic of Germany with effect from
3 October 1990.
•• See p. 471 of this volume for the text of the reservation made upon ratification.
2 United Nations, Treaty Series, vol. 999, p. 171.
3 United Nations, Official Records of the Third Session of the General Assembly, part I, p. 71.
Vol. 1642, A-14668
Date of depost
of the instrument
of ratification
or accesion (a)
2 October I 990 a
4 April 199l
16 August 1990
2April 1991
26 March 1991
- 9 Recueil Traitks
Article 2
1. reservation is admissible to the present Protocol, except
for a reservation made at the time of ratification or accession that
provides for the application of the death penalty in time of war pursuant
to a conviction for a most serious crime of a military nature committed
during wartime.
2. The State Party making such a reservation shall at the time of
ratification or accession communicate to the Secretary-General of the
United Nations the relevant provisions of its national legislation
applicable during wartime.
3. The State Party having made such a reservation shall notify the
Secretary-General of the United Nations of any beginning or ending of a
state of war applicable to its territory.
Article 3
The States Parties to the present Protocol shall include in the
reports they submit to the Human Rights Committee, in accordance with
article 40 of the Covenant, information on the measures that they have
adopted to give effect to the present Protocol.
Article 4
With respect to the States Parties to the Covenant that have made a
declaration under article 41, the competence of the Human Rights
Committee to receive and consider communications when a State Party
State Party is not fulfilling its obligations shall
extend to the provisions of the present Protocol, unless the State Party
concerned has made a statement to the contrary at the moment of
ratification or accession.
Article 5
With Protocol to
the International Covenant on Civil and Political Rights adopted on
16 December 1966, the competence of the Human Rights Committee to receive
and consider communications from individuals subject to its jurisdiction
provisions of the present Protocol, unless the State
Party concerned has made a statement to the contrary at the moment of
ratification or accession.
Article 6
I. the present Protocol shall apply as
additional provisions to the Covenant.
14668
416 United Nations -- Treaty Series • Nations Unies - Recueil des Trait~s Article 2
1991
l. No reservation is admissible to the present Protocol, except
for a reservation made at the time of ratification or accession that
provides for the application of the death penalty in time of war pursuant
to a conviction for a most serious crime of a military nature committed
during wartime.
2. The State Party making such a reservation shall at the time of
ratification or accession communicate to the Secretary-General of the
United Nations the relevant provisions of its national legislation
applicable during wartime.
3. The State Party having made such a reservation shall notify the
Secretary-General of the United Nations of any beginning or ending of a
state of war applicable to its territory.
Article 3
The States Parties to the present Protocol shall include in the
reports they submit to the Human Rights Committee, in accordance with
article 40 of the Covenant, information on the measures that they have
adopted to give effect to the present Protocol.
Article 4
With respect to the States Parties to the Covenant that have made a
declaration under article 4l, the competence of the Human Rights
Committee to receive and consider communications when a State Party
claims that another State Party is not fulfilling its obligations shall
extend to the provisions of the present Protocol, unless the State Party
concerned has made a statement to the contrary at the moment of
ratification or accession.
Article 5
with respect to the States Parties to the first Optional Protocol to
the International Covenant on Civil and Political Rights adopted on
l6 December 1966, the competence of the Human Rights Committee to receive
and consider communications from individuals subject to its jurisdiction
shall extend to the provisions of the present Protocol, unless the State
Party concerned has made a statement to the contrary at the moment of
ratification or accession.
Article 6
l. The provisions of the present Protocol shall apply as
additional provisions to the Covenant.
Vol. 1642, A-14668
1991 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 417
2. Without prejudice to the possibility of a reservation under
article 2 of the present Protocol, the right guaranteed in article 1,
paragraph 1, of the present Protocol shall not be subject to any
derogation under article 4 of the Covenant.
Article 7
i. The present Protocol is open for signature by any State that
has signed the Covenant.
2. The present Protocol is subject to ratification by any State
that has ratified the Covenant or acceded to it. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
3. The present Protocol shall be open to accession by any State
that has ratified the Covenant or acceded to it.
4. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all
States that have signed the present Protocol or acceded to it of the
deposit of each instrument of ratification or accession.
Article 8
1. The present Protocol shall enter into force three months after
the date of the deposit with the Secretary-General of the United Nations
of the tenth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it
after the deposit of the tenth instrument of ratification or accession,
the present Protocol shall enter into force three months after the date
of the deposit of its own instrument of ratification or accession.
Article 9
The provisions of the present Protocol shall extend to all parts of
federal States without any limitations or exceptions.
Article 10
The Secretary-General of the United Nations shall inform all States
referred to in article 48, paragraph 1, of the Covenant of the following
particulars:
(a) Reservations, communications and notifications under article 2
of the present Protocol)
(b) Statements made under articles 4 or 5 of the present Protocol;
Vol. 1642A,- 14668
1991 United Nations --Treaty Series • Nations Unies Recueil des Trait~s 417
2. Without prejudice to the possibility of a reservation under
article 2 of the present Protocol, the right guaranteed in article l,
paragraph l, of the present Protocol shall not be subject to any
derogation under article 4 of the Covenant.
Article 7
I. The present Protocol is open for signature by any State that
has signed the Covenant.
2. The present Protocol is subject to ratification by any State
that has ratified the Covenant or acceded to it. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
3. The present Protocol shall be open to accession by any State
that has ratified the Covenant or acceded to it.
4. Accession shall be effected by the deposit of an instrument of
accession wth the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all
States that have signed the present Protocol or acceded to it of the
deposit of each instrument of ratification or accession.
Article 8
I. The present Protocol shall enter into force three months after
the date of the deposit with the Secretary-General of the United Nations
of the tenth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it
after the deposit of the tenth instrument of ratification or accession,
the present Protocol shall enter into force three months after the date
of the deposit of its own instrument of ratification or accession.
Article 9
The provisions of the present Protocol shall extend to all parts of
federal States without any limitations or exceptions.
Article 10
The Secretary-General of the United Nations shall inform all States
referred to in article 48, paragraph l, of the Covenant of the following
particulars:
(a) Reservations, communications and notifications under article 2
of the present Protocol
(b) Statements made under articles 4 or 5 of the present Protocol
Vol. 1642, A-14668
- * - Traitks 199
(c) present Protocol;
(d) Article 11
1. texts are authentic, shall be
certified copies of the present Protocol to all States referred to in
article 48 of the Covenant.
[For the signatures, see p. 436 of this volume.]
418 United Nations Treaty Series • Nations Unies - Recueil des Trait~s 1991
(€) Signatures, ratifications and accessions under article 7 of the
present Protocol;
() The date of the entry into force of the present Protocol under
article 8 thereof.
Article l1
I. The present Protocol, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of the present Protocol to all States referred to in
article 48 of the Covenant.
[For the signatures, seep. 436 of this volume.]
Vol. 1642, A-14668
Authentic texts of the Covenant: English, French, Chinese, Russian and
Spanish.
Registered on 3 January 1976.
MULTILATÉRAL
Pacte international relatif aux droits économiques, sociaux
et culturels. Adopté par l'Assemblée générale des
Nations Unies le 16 décembre 1966
Textes authentiques du Pacte : anglais, français, chinois, russe et espagnol.
Enregistré d'office le 3 janvier 1976.
993,1-No. 14531
MULTILATERAL
International Covenant on Economic, Social and Cultural
Rights. Adopted by the General Assembly of the
United Nations on 16 December 1966
ex officio MULTILAT~RAL
~conomiques, Adopt~ PAssembl~e g~n~rale d~cembre francais, Enregistr~ Vol. 993, 1-14531
United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
COVENANT1 ON ECONOMIC, CUL
TURAL in
alienable 1 (1):*
Stale
Date of deposit
of the instrument of
ratification or accession Barbados** .................
Bulgaria** ..................
Republic** .................
.......................
...................
..................
.....................
Denmark** .................
....................
.....................
Republic**
applica
tion West).)***
Hungary** ..................
........................
Iraq** ......................
....................
Jordan .....................
5 a
State
Kenya**....................
Lebanon....................
Republic** ......
Madagascar** ...............
.......................
Mauritius...................
Mongolia** .................
Norway** ..................
Philippines..................
Romania** .................
Rwanda** ..................
Sweden**...................
Republic**.......
Tunisia.....................
Re
public** ...................
Re
publics** ..................
Uruguay....................
Yugoslavia..................
Date of deposit
of the instrument of
ratification or accession (a)
1 a
a
12 13 March 1 2 June
(2).
Date of deposit
State of the instrument of ratification
Australia........................................................... 10 Czechoslovakia** ................................................... «Several f ) accord
ance 1). In t Official Records of the General Assembly, Sixth Session, Supplement No. 20
p. * Ibid., Fourteenth Session, Supplément No. 16 ** acces
sion.
*** See p. Vol. 993,1-1453I
4 - Trait~s INTERNATIONAL SOCIAL AND CULTURAL
RIGHTS
The States Parties to the present Covenant,
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,
1 Came into force in respect of the following States on 3 January 1976, i.e., three months after the date of the deposit
with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or accession, in accordance
with article 27 1):
State
Barbados•• .
Bulgaria•• .
Byelorussian Soviet Socialist
Republic•• .
Chile ..
Colombia .
Costa Rica ..
Cyprus .
Denmark .··.·..........
Ecuador .
Finland ..........•..........
German Democratic Republic
Germany, Federal Republic of .
(With a declaration of application
to Berlin (West).)
Hungary,,..·.8..8........
Iran ..
Iraq•• ...........•..........
Jamaica .
.
(a)
January 1973 21 September 1970
12 November 1973
10 February 1972
29 October 1969
29 November 1968
2 April 1969
6 January 1972
6 March 1969
19 August 1975
8 November 1973
17 December 1973
17 January 1974
24 June 1975
25 January 1971
3 October 1975
28 May 1975
Kenya ....··...........
Lebanon .
Libyan Arab Republic•• .
Madagascar•• .
Mali .
Mauritius ........•..........
Mongolia................
Norway•• ...............•..
Philippines .
Romania•• .
Rwanda•• , .
Sweden•• .
Syrian Arab Republic.......
Tunisia .
Ukrainian Soviet Socialist Republic••
.
Union of Soviet Socialist Republics••
.
Uruguay .
Yugoslavia .
Date of deposit
of the instrument of
ratification or accession (a)
I May 1972 a
3 November 1972 15 May 1970 a
22 September 1971
16 July 1974 December 1973 a
18 November 1974
September 1972
7 June 1974
9 December 1974
16 April 1975 a
6 December 1971
21 April 1969 a
18 Mareh 1969
12 November 1973
16 October
1973
I April
1970
2June 1971
Subsequently, the Covenant came into force for the following States three months after the date of the deposit of
their own instrument of ratification or instrument of accession, in accordance with article 27 02).
Australia ...................................•....................... JO December 1975
(With effect from 10 March 1976.)
Czechoslovakia•• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 December 1975
(With effect from 23 March 1976.)
Several of the 35 instruments deposited being accompanied by reservations, and the Covenant being silent
about reservations, the Secretary-General pursuant to the instructions of the General Assembly (resolutions 598
(VI)t and 1452B (XIV)t) consulted the States concerned on whether they objected to the entry into force in accordance
with article 27 (I). ln the absence of objections within 90 days from the date of circulation (3 October 1975) of
the depositary notification, the Secretary-General notified the States concerned that the Covenant had entered into
force on 3 January 1976.
' United Nations, (A/2119), 84.
+ Supplement (A/4354), p. 56.
•• See p. 84 of this volume for the texts of the declarations and reservations made upon ratification or accession.
••• Seep. 98 of this volume for the text of the declarations relating to the declaration made upon ratification
by the Federal Republic of Germany concerning application to Berlin (West).
993, 1-14531
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 5
per
son,
com
munity PART!
Article 1. eco
nomic respon
sibility PART II
Article 2. na
tional Article 3. Article 4. en
joyment Cove
nant, to 993,1-14531
--- -- Trait~s Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying freedom from fear and want can only
be achieved if conditions are created whereby everyone may enjoy his economic,
social and cultural rights, as well as his civil and political rights,
Considering the obligation of States under the Charter of the United Nations to
promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community
to which he belongs, is under a responsibility to strive for the promotion and
observance of the rights recognized in the present Covenant,
Agree upon the following articles:
PART I
1. All peoples have the right of self-determination. By virtue of
that right they freely determine their political status and freely pursue their
economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth
and resources without prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and international
law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility
for the administration of Non-Self-Governing and Trust Territories, shall
promote the realization of the right of self-determination, and shall respect that right,
in conformity with the provisions of the Charter of the United Nations.
PART 1. Each State Party to the present Covenant undertakes to take
steps, individually and through international assistance and co-operation, especially
economic and technical, to the maximum of its available resources, with a view to
achieving progressively the full realization of the rights recognized in the present
Covenant by all appropriate means, including particularly the adoption of legislative
measures.
2. The States Parties to the present Covenant undertake to guarantee that the
rights enunciated in the present Covenant will be exercised without discrimination of
any kind as to race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.
3. Developing countries, with due regard to human rights and their national
economy, may determine to what extent they would guarantee the economic rights
recognized in the present Covenant to non-nationals.
The States Parties to the present Covenant undertake to ensure the
equal right of men and women to the enjoyment of all economic, social and cultural
rights set forth in the present Covenant.
The States Parties to the present Covenant recognize that, in the enjoyment
of those rights provided by the State in conformity with the present Covenant,
the State may subject such rights only to such limitations as are determined by
law only in so far as this may be compatible with the nature of these rights and solely
for the purpose of promoting the general welfare in a democratic society.
Vol. 993, 1-14531
6 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
Article 5. imply
ing recog
nize PART III
Article 6. train
ing cul
tural safeguard
ing Article 7. (a) (i) distinc
tion (ii) pro
visions (b) appro
priate (d) Article 8. (a) neces
sary (b) in
terests 993,1-- - Trait~s 1. Nothing in the present Covenant may be interpreted as implying
for any State, group or person any right to engage in any activity or to perform
any act aimed at the destruction of any of the rights or freedoms recognized herein,
or at their limitation to a greater extent than is provided for in the present Covenant.
2. No restriction upon or derogation from any of the fundamental human
rights recognized or existing in any country in virtue of law, conventions, regulations
or custom shall be admitted on the pretext that the present Covenant does not recognize
such rights or that it recognizes them to a lesser extent.
PART 1. The States Parties to the present Covenant recognize the right
to work, which includes the right of everyone to the opportunity to gain his living by
work which he freely chooses or accepts, and will take appropriate steps to safeguard
this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the
full realization of this right shall include technical and vocational guidance and training
programmes, policies and techniques to achieve steady economic, social and cultural
development and full and productive employment under conditions safeguarding
fundamental political and economic freedoms to the individual.
The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of just and favourable conditions of work, which ensure,
in particular:
remuneration which provides all workers, as a minimum, with:
fair wages and equal remuneration for work of equal value without distinction
of any kind, in particular women being guaranteed conditions of work
not inferior to those enjoyed by men, with equal pay for equal work;
a decent living for themselves and their families in accordance with the provisions
of the present Covenant;
(b) safe and healthy working conditions;
(c) equal opportunity for everyone to be promoted in his employment to an appropriate
higher level, subject to no considerations other than those of seniority and
competence;
a) rest, leisure and reasonable limitation of working hours and periodic holidays
with pay, as well as remuneration for public holidays.
1. The States Parties to the present Covenant undertake to ensure:
(a) the right of everyone to form trade unions and join the trade union of his choice,
subject only to the rules of the organization concerned, for the promotion and
protection of his economic and social interests. No restrictions may be placed on
the exercise of this right other than those prescribed by law and which are necessary
in a democratic society in the interests of national security or public order or
for the protection of the rights and freedoms of others;
(b) the right of trade unions to establish national federations or confederations and
the right of the latter to form or join international trade-union organizations;
(c) the right of trade unions to function freely subject to no limitations other than
those prescribed by law and which are necessary in a democratic society in the interests
of national security or public order or for the protection of the rights and
freedoms of others;
Vol. 993, 1-14531
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités
(d) ex
ercise admin
istration Organize1 prej
udice, Article 9. Article 10. pe
riod ac
corded Article 11. oper
ation inter
national (a) know
ledge utiliza
tion (6) 1 Treaty Series, p. Vol. 993,1-14531
-Treaty - Trait~s 7
(d) the right to strike, provided that it is exercised in conformity with the laws of the
particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise
of these rights by members of the armed forces or of the police or of the administration
of the State.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of Association and
Protection of the Right to Organize' to take legislative measures which would prejudice,
or apply the law in such a manner as would prejudice, the guarantees provided
for in that Convention.
The States Parties to the present Covenant recognize the right of
everyone to social security, including social insurance.
JO. The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded to the
family, which is the natural and fundamental group unit of society, particularly for
its establishment and while it is responsible for the care and education of dependent
children. Marriage must be entered into with the free consent of the intending
spouses.
2. Special protection should be accorded to mothers during a reasonable period
before and after childbirth. During such period working mothers should be accorded
paid leave or leave with adequate social security benefits.
3. Special measures of protection and assistance should be taken on behalf of
all children and young persons without any discrimination for reasons of parentage
or other conditions. Children and young persons should be protected from economic
and social exploitation. Their employment in work harmful to their morals or health
or dangerous to life or likely to hamper their normal development should be
punishable by law. States should also set age limits below which the paid employment
of child labour should be prohibited and punishable by law.
1. The States Parties to the present Covenant recognize the right
of everyone to an adequate standard of living for himself and his family, including
adequate food, clothing and housing, and to the continuous improvement of living
conditions. The States Parties will take appropriate steps to ensure the realization of
this right, recognizing to this effect the essential importance of international co-operation
based on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental
right of everyone to be free from hunger, shall take, individually and through international
co-operation, the measures, including specific programmes, which are
needed:
(a) to improve methods of production, conservation and distribution of food by
making full use of technical and scientific knowledge, by disseminating knowledge
of the principles of nutrition and by developing or reforming agrarian
systems in such a way as to achieve the most efficient development and utilization
of natural resources;
b) taking into account the problems of both food-importing and food-exporting
countries, to ensure an equitable distribution of world food supplies in relation
to need.
United Nations, Treaty Series, vol. 68, 17.
Vol. 993, 1-14531
United Nations — Treaty Series • Nations Unies — Recueil des Traités 1976
The States Parties to the present Covenant recognize the right
of everyone to the enjoyment of the highest attainable standard of physical and men
tal health.
(a) 6) (d) de
velopment ed
ucation (a) (6) (d) pri
mary (e) 1 993,1-8 - - Reeueil Trait~s Article 12. 1. The States Parties to the present Covenant recognize the right
of everyone to the enjoyment of the highest attainable standard of physical and mental
health.
2. The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for:
the provision for the reduction of the stillbirth-rate and of infant mortality and
for the healthy development of the child;
(b) the improvement of all aspects of environmental and industrial hygiene;
(c) the prevention, treatment and control of epidemic, endemic, occupational and
other diseases;
{the creation of conditions which would assure to all medical service and medical
attention in the event of sickness.
Article 13. 1. The States Parties to the present Covenant recognize the right
of everyone to education. They agree that education shall be directed to the full development
of the human personality and the sense of its dignity, and shall strengthen
the respect for human rights and fundamental freedoms. They further agree that education
shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups, and further the activities of the United Nations for the maintenance
of peace.
2. The States Parties to the present Covenant recognize that, with a view to
achieving the full realization of this right:
primary education shall be compulsory and available free to all;
b) secondary education in its different forms, including technical and vocational
secondary education, shall be made generally available and accessible to all by
every appropriate means, and in particular by the progressive introduction of
free education;
(c) higher education shall be made equally accessible to all, on the basis of capacity,
by every appropriate means, and in particular by the progressive introduction of
free education;
{fundamental education shall be encouraged or intensified as far as possible for
those persons who have not received or completed the whole period of their primary
education;
the development of a system of schools at all levels shall be actively pursued, an
adequate fellowship system shall be established, and the material conditions of
teaching staff shall be continuously improved.
3. The States Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians, to choose for their children
schools, other than those established by the public authorities, which conform to
such minimum educational standards as may be laid down or approved by the State
and to ensure the religious and moral education of their children in conformity with
their own convictions.
4. No part of this article shall be construed so as to interfere with the liberty of
individuals and bodies to establish and direct educational institutions, subject always
to the observance of the principles set forth in paragraph of this article and to the
requirement that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.
Vol. 993, 1-14531
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 9
Article 14. Article 15. (a) (6) (c) conserva
tion, co
operation PART IV
Article 16. sub
mit recog
nized (a) con
sideration (b) aiso Article 17. fulfil
ment in
formation Article 18. Nations
993,1-- - Trait~s Each State Party to the present Covenant which, at the time of
becoming a Party, has not been able to secure in its metropolitan territory or other
territories under its jurisdiction compulsory primary education, free of charge,
undertakes, within two years, to work out and adopt a detailed plan of action for the
progressive implementation, within a reasonable number of years, to be fixed in the
plan, of the principle of compulsory education free of charge for all.
1. The States Parties to the present Covenant recognize the right
of everyone:
(a) to take part in cultural life;
b) to enjoy the benefits of scientific progress and its applications;
to benefit from the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.
2. The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for the conservation,
the development and the diffusion of science and culture.
3. The States Parties to the present Covenant undertake to respect the freedom
indispensable for scientific research and creative activity.
4. The States Parties to the present Covenant recognize the benefits to be
derived from the encouragement and development of international contacts and cooperation
in the scientific and cultural fields.
PART 1. The States Parties to the present Covenant undertake to submit
in conformity with this part of the Covenant reports on the measures which they
have adopted and the progress made in achieving the observance of the rights recognized
herein.
2. All reports shall be submitted to the Secretary-General of the United
Nations, who shall transmit copies to the Economic and Social Council for consideration
in accordance with the provisions of the present Covenant.
(b) The Secretary-General of the United Nations shall also transmit to the
specialized agencies copies of the reports, or any relevant parts therefrom, from
States Parties to the present Covenant which are also members of these specialized
agencies in so far as these reports, or parts therefrom, relate to any matters which fall
within the responsibilities of the said agencies in accordance with their constitutional
instruments.
1. The States Parties to the present Covenant shall furnish their
reports in stages, in accordance with a programme to be established by the Economic
and Social Council within one year of the entry into force of the present Covenant
after consultation with the States Parties and the specialized agencies concerned.
2. Reports may indicate factors and difficulties affecting the degree of fulfilment
of obligations under the present Covenant.
3. Where relevant information has previously been furnished to the United
Nations or to any specialized agency by any State Party to the present Covenant, it
will not be necessary to reproduce that information, but a precise reference to the information
so furnished will suffice.
Pursuant to its responsibilities under the Charter of the United Nations
in the field of human rights and fundamental freedoms, the Economic and
Vol. 993, 1-14531
10 — • — Traités 1976
provi
sions re
ports implemen
tation Article 19. Commis
sion special
ized Article 20, recommen
dation Article 21. achiev
ing Article 22. pres
ent Article 23. conjunc
tion Article 24. Article 25. PARTY
Article 26. 993,1-United Nations - Treaty Series Nations Unies Recueil des Trait~s Social Council may make arrangements with the specialized agencies in respect of
their reporting to it on the progress made in achieving the observance of the provisions
of the present Covenant falling within the scope of their activities. These reports
may include particulars of decisions and recommendations on such implementation
adopted by their competent organs.
The Economic and Social Council may transmit to the Commission
on Human Rights for study and general recommendation or as appropriate for
information the reports concerning human rights submitted by States in accordance
with articles 16 and 17, and those concerning human rights submitted by the specialized
agencies in accordance with article 18.
The States Parties to the present Covenant and the specialized
agencies concerned may submit comments to the Economic and Social Council on
any general recommendation under article 19 or reference to such general recommendation
in any report of the Commission on Human Rights or any documentation
referred to therein.
The Economic and Social Council may submit from time to time
to the General Assembly reports with recommendations of a general nature and a
summary of the information received from the States Parties to the present Covenant
and the specialized agencies on the measures taken and the progress made in achieving
general observance of the rights recognized in the present Covenant.
The Economic and Social Council may bring to the attention of
other organs of the United Nations, their subsidiary organs and specialized agencies
concerned with furnishing technical assistance any matters arising out of the reports
referred to in this part of the present Covenant which may assist such bodies in
deciding, each within its field of competence, on the advisability of international
measures likely to contribute to the effective progressive implementation of the present
Covenant.
The States Parties to the present Covenant agree that international
action for the achievement of the rights recognized in the present Covenant includes
such methods as the conclusion of conventions, the adoption of recommendations,
the furnishing of technical assistance and the holding of regional meetings and
technical meetings for the purpose of consultation and study organized in conjunction
with the Governments concerned.
Nothing in the present Covenant shall be interpreted as impairing
the provisions of the Charter of the United Nations and of the constitutions of the
specialized agencies which define the respective responsibilities of the various organs
of the United Nations and of the specialized agencies in regard to the matters dealt
with in the present Covenant.
Nothing in the present Covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and freely their natural
wealth and resources.
PART V
1. The present Covenant is open for signature by any State
Member of the United Nations or member of any of its specialized agencies, by any
State Party to the Statute of the International Court of Justice, and by any other
Vol. 993, 1-14531
1976 United Nations — Treaty Series • Nations Unies — Recueil des Traités 11
1 5. Article 27. 1. thirtyfifth
Article 28. Article 29. 1. Assem
bly consti
tutional provi
sions Article 30. para
graph 1 (a) 6) Article 31. 1. 993,1-1976 --- -- Trait~s State which has been invited by the General Assembly of the United Nations to
become a party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in
paragraph of this article.
4. Accession shall be effected by the deposit of an instrument of accession with
the Secretary-General of the United Nations.
The Secretary-General of the United Nations shall inform all States which
have signed the present Covenant or acceded to it of the deposit of each instrument
of ratification or accession.
The present Covenant shall enter into force three months after
the date of the deposit with the Secretary-General of the United Nations of the thirtyfifth
instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the
deposit of the thirty-fifth instrument of ratification or instrument of accession, the
present Covenant shall enter into force three months after the date of the deposit of
its own instrument of ratification or instrument of accession.
The provisions of the present Covenant shall extend to all parts of
federal States without any limitations or exceptions.
Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United Nations. The
Secretary-General shall thereupon communicate any proposed amendments to the
States Parties to the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the purpose of considering and voting
upon the proposals. In the event that at least one third of the States Parties favours
such a conference, the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority of the States
Parties present and voting at the conference shall be submitted to the General Assembly
of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority of
the States Parties to the present Covenant in accordance with their respective constitutional
processes.
3. When amendments come into force they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by the provisions
of the present Covenant and any earlier amendment which they have accepted.
Irrespective of the notifications made under article 26, paragraph
5, the Secretary-General of the United Nations shall inform all States referred
to in paragraph of the same article of the following particulars:
signatures, ratifications and accessions under article 26;
(b) the date of the entry into force of the present Covenant under article 27 and the
date of the entry into force of any amendments under article 29.
The present Covenant, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited in the archives of
the United Nations.
Vol. 993, 1-14531
12 — • — Recueil Traités 1976
FAITH WHEREOF 993,1-United Nations -- Treaty Series e Nations Unies -Recueil des Trait~s 1976
2. The Secretary-General of the United Nations shall transmit certified copies
of the present Covenant to all States referred to in article 26.
IN FAITH WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed the present Covenant, opened for signature at
New York, on the nineteenth day of December, one thousand nine hundred and
sixty-six.
Vol. 993, 1-14531
Volume 2922, A-14531
29
No. 14531. Multilateral No 14531. Multilatéral
INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL
RIGHTS. NEW YORK, 16 DECEMBER
1966 [United Nations, Treaty Series, vol. 993,
I-14531.]
PACTE INTERNATIONAL RELATIF AUX
DROITS ÉCONOMIQUES, SOCIAUX ET
CULTURELS. NEW YORK,
16 DÉCEMBRE 1966 [Nations Unies, Recueil
des Traités, vol. 993, I-14531.]
OPTIONAL PROTOCOL TO THE
INTERNATIONAL COVENANT ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS. NEW
YORK, 10 DECEMBER 2008
PROTOCOLE FACULTATIF SE RAPPORTANT AU
PACTE INTERNATIONAL RELATIF AUX
DROITS ÉCONOMIQUES, SOCIAUX ET
CULTURELS. NEW YORK, 10 DÉCEMBRE
2008
Entry into force: 5 May 2013, in accordance
with article 18(1)
Entrée en vigueur : 5 mai 2013,
conformément au paragraphe 1 de l'article 18
Authentic texts: Arabic, Chinese, English,
French, Russian and Spanish
Textes authentiques : arabe, chinois, anglais,
français, russe et espagnol
Registration with the Secretariat of the
United Nations: ex officio, 5 May 2013
Enregistrement auprès du Secrétariat de
l'Organisation des Nations Unies : d'office,
5 mai 2013
Volume 2922, A-14531
58
[ ENGLISH TEXT – TEXTE ANGLAIS ]
OPTIONAL PROTOCOL TO THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
Preamble
The States Parties to the present Protocol,
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,
Noting that the Universal Declaration of Human Rights proclaims that
all human beings are born free and equal in dignity and rights and 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 the Universal Declaration of Human Rights and the
International Covenants on Human Rights recognize that the ideal of free
human beings enjoying freedom from fear and want can only be achieved if
conditions are created whereby everyone may enjoy civil, cultural, economic,
political and social rights,
Reaffirming the universality, indivisibility, interdependence and
interrelatedness of all human rights and fundamental freedoms,
Recalling that each State Party to the International Covenant on
Economic, Social and Cultural Rights (hereinafter referred to as the Covenant)
undertakes to take steps, individually and through international assistance and
cooperation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full realization
of the rights recognized in the Covenant by all appropriate means, including
particularly the adoption of legislative measures,
Considering that, in order further to achieve the purposes of the
Covenant and the implementation of its provisions, it would be appropriate to
enable the Committee on Economic, Social and Cultural Rights (hereinafter
referred to as the Committee) to carry out the functions provided for in the
present Protocol,
Have agreed as follows:
Volume 2922, A-14531
59
Article 1
Competence of the Committee to receive and
consider communications
1. A State Party to the Covenant that becomes a Party to the present
Protocol recognizes the competence of the Committee to receive and consider
communications as provided for by the provisions of the present Protocol.
2. No communication shall be received by the Committee if it concerns a
State Party to the Covenant which is not a Party to the present Protocol.
Article 2
Communications
Communications may be submitted by or on behalf of individuals or
groups of individuals, under the jurisdiction of a State Party, claiming to be
victims of a violation of any of the economic, social and cultural rights set
forth in the Covenant by that State Party. Where a communication is submitted
on behalf of individuals or groups of individuals, this shall be with their
consent unless the author can justify acting on their behalf without such
consent.
Article 3
Admissibility
1. The Committee shall not consider a communication unless it has
ascertained that all available domestic remedies have been exhausted. This
shall not be the rule where the application of such remedies is unreasonably
prolonged.
2. The Committee shall declare a communication inadmissible when:
(a) It is not submitted within one year after the exhaustion of
domestic remedies, except in cases where the author can demonstrate that it
had not been possible to submit the communication within that time limit;
(b) The facts that are the subject of the communication occurred prior
to the entry into force of the present Protocol for the State Party concerned
unless those facts continued after that date;
( c) The same matter has already been examined by the Committee or
has been or is being examined under another procedure of international
investigation or settlement;
Volume 2922, A-14531
60
( d) It is incompatible with the provisions of the Covenant;
(e) It is manifestly ill-founded, not sufficiently substantiated or
exclusively based on reports disseminated by mass media;
(f) It is an abuse of the right to submit a communication; or when
(g) It is anonymous or not in writing.
Article 4
Communications not revealing a clear disadvantage
The Committee may, if necessary, decline to consider a communication
where it does not reveal that the author has suffered a clear disadvantage,
unless the Committee considers that the communication raises a serious issue
of general importance.
Article 5
Interim measures
1. At any time after the receipt of a communication and before a
determination on the merits has been reached, the Committee may transmit to
the State Party concerned for its urgent consideration a request that the State
Party take such interim measures as may be necessary in exceptional
circumstances to avoid possible irreparable damage to the victim or victims of
the alleged violations.
2. Where the Committee exercises its discretion under paragraph 1 of the
present article, this does not imply a determination on admissibility or on the
merits of the communication.
Article 6
Transmission of the communication
1. Unless the Committee considers a communication inadmissible without
reference to the State Party concerned, the Committee shall bring any
communication submitted to it under the present Protocol confidentially to the
attention of the State Party concerned.
2. Within six months, the receiving State Party shall submit to the
Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been provided by that State Party.
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61
Article 7
Friendly settlement
1. The Committee shall make available its good offices to the parties
concerned with a view to reaching a friendly settlement of the matter on the
basis of the respect for the obligations set forth in the Covenant.
2. An agreement on a friendly settlement closes consideration of the
communication under the present Protocol.
Article 8
Examination of communications
1. The Committee shall examine communications received under article 2
of the present Protocol in the light of all documentation submitted to it,
provided that this documentation is transmitted to the parties concerned.
2. The Committee shall hold closed meetings when examining
communications under the present Protocol.
3. When examining a communication under the present Protocol, the
Committee may consult, as appropriate, relevant documentation emanating
from other United Nations bodies, specialized agencies, funds, programmes
and mechanisms, and other international organizations, including from
regional human rights systems, and any observations or comments by the State
Party concerned.
4. When examining communications under the present Protocol, the
Committee shall consider the reasonableness of the steps taken by the State
Party in accordance with part II of the Covenant. In doing so, the Committee
shall bear in mind that the State Party may adopt a range of possible policy
measures for the implementation of the rights set forth in the Covenant.
Article 9
Follow-up to the views of the Committee
1. After examining a communication, the Committee shall transmit its
views on the communication, together with its recommendations, if any, to the
parties concerned.
2. The State Party shall give due consideration to the views of the
Committee, together with its recommendations, if any, and shall submit to the
Committee, within six months, a written response, including information on
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any action taken in the light of the views and recommendations of the
Committee.
3. The Committee may invite the State Party to submit further information
about any measures the State Party has taken in response to its views or
recommendations, if any, including as deemed appropriate by the Committee,
in the State Party's subsequent reports under articles 16 and 17 of the
Covenant.
Article 10
Inter-State communications
1. A State Party to the present Protocol may at any time declare under the
present article that it recognizes the competence of the Committee to receive
and consider communications to the effect that a State Party claims that
another State Party is not fulfilling its obligations under the Covenant.
Communications under the present article may be received and considered
only if submitted by a State Party that has made a declaration recognizing in
regard to itself the competence of the Committee. No communication shall be
received by the Committee if it concerns a State Party which has not made
such a declaration. Communications received under the present article shall be
dealt with in accordance with the following procedure:
(a) If a State Party to the present Protocol considers that another
State Party is not fulfilling its obligations under the Covenant, it may, by
written communication, bring the matter to the attention of that State Party.
The State Party may also inform the Committee of the matter. Within three
months after the receipt of the communication the receiving State shall afford
the State that sent the communication an explanation, or any other statement in
writing clarifying the matter, which should include, to the extent possible and
pertinent, reference to domestic procedures and remedies taken, pending or
available in the matter;
(b) If the matter is not settled to the satisfaction of both States Parties
concerned within six months after the receipt by the receiving State of the
initial communication, either State shall have the right to refer the matter to the
Committee, by notice given to the Committee and to the other State;
( c) The Committee shall deal with a matter referred to it only after it
has ascertained that all available domestic remedies have been invoked and
exhausted in the matter. This shall not be the rule where the application of the
remedies is unreasonably prolonged;
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(d) Subject to the provisions of subparagraph (c) of the present
paragraph the Committee shall make available its good offices to the States
Parties concerned with a view to a friendly solution of the matter on the basis
of the respect for the obligations set forth in the Covenant;
( e) The Committee shall hold closed meetings when examining
communications under the present article;
(f) In any matter referred to it in accordance with subparagraph (b) of
the present paragraph, the Committee may call upon the States Parties
concerned, referred to in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph (b) of
the present paragraph, shall have the right to be represented when the matter is
being considered by the Committee and to make submissions orally and/or in
writing;
(h) The Committee shall, with all due expediency after the date of
receipt of notice under subparagraph (b) of the present paragraph, submit a
report, as follows:
(i) If a solution within the terms of subparagraph (d) of the present
paragraph is reached, the Committee shall confine its report to a brief
statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (d) is not reached,
the Committee shall, in its report, set forth the relevant facts concerning
the issue between the States Parties concerned. The written submissions
and record of the oral submissions made by the States Parties concerned
shall be attached to the report. The Committee may also communicate
only to the States Parties concerned any views that it may consider
relevant to the issue between them.
In every matter, the report shall be communicated to the States Parties
concerned.
2. A declaration under paragraph I of the present article shall be deposited
by the States Parties with the Secretary-General of the United Nations, who
shall transmit copies thereof to the other States Parties. A declaration may be
withdrawn at any time by notification to the Secretary-General. Such a
withdrawal shall not prejudice the consideration of any matter that is the
subject of a communication already transmitted under the present article; no
further communication by any State Party shall be received under the present
article after the notification of withdrawal of the declaration has been received
Volume 2922, A-14531
64
by the Secretary-General, unless the State Party concerned has made a new
declaration.
Article 11
Inquiry procedure
1. A State Party to the present Protocol may at any time declare that it
recognizes the competence of the Committee provided for under the present
article.
2. If the Committee receives reliable information indicating grave or
systematic violations by a State Party of any of the economic, social and
cultural rights set forth in the Covenant, the Committee shall invite that State
Party to cooperate in the examination of the information and to this end to
submit observations with regard to the information concerned.
3. Taking into account any observations that may have been submitted by
the State Party concerned as well as any other reliable information available to
it, the Committee may designate one or more of its members to conduct an
inquiry and to report urgently to the Committee. Where warranted and with the
consent of the State Party, the inquiry may include a visit to its territory.
4. Such an inquiry shall be conducted confidentially and the cooperation of
the State Party shall be sought at all stages of the proceedings.
5. After examining the findings of such an inquiry, the Committee shall
transmit these findings to the State Party concerned together with any
comments and recommendations.
6. The State Party concerned shall, within six months of receiving the
findings, comments and recommendations transmitted by the Committee,
submit its observations to the Committee.
7. After such proceedings have been completed with regard to an inquiry
made in accordance with paragraph 2 of the present article, the Committee
may, after consultations with the State Party concerned, decide to include a
summary account of the results of the proceedings in its annual report provided
for in article 15 of the present Protocol.
8. Any State Party having made a declaration in accordance with paragraph
I of the present article may, at any time, withdraw this declaration by
notification to the Secretary-General.
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Article 12
Follow-up to the inquiry procedure
1. The Committee may invite the State Party concerned to include in its
report under articles 16 and 1 7 of the Covenant details of any measures taken
in response to an inquiry conducted under article 11 of the present Protocol.
2. The Committee may, if necessary, after the end of the period of six
months referred to in article 11, paragraph 6, invite the State Party concerned
to inform it of the measures taken in response to such an inquiry.
Article 13
Protection measures
A State Party shall take all appropriate measures to ensure that
individuals under its jurisdiction are not subjected to any form of ill-treatment
or intimidation as a consequence of communicating with the Committee
pursuant to the present Protocol.
Article 14
International assistance and cooperation
1. The Committee shall transmit, as it may consider appropriate, and with
the consent of the State Party concerned, to United Nations specialized
agencies, funds and programmes and other competent bodies, its views or
recommendations concerning communications and inquiries that indicate a
need for technical advice or assistance, along with the State Party's
observations and suggestions, if any, on these views or recommendations.
2. The Committee may also bring to the attention of such bodies, with the
consent of the State Party concerned, any matter arising out of
communications considered under the present Protocol which may assist them
in deciding, each within its field of competence, on the advisability of
international measures likely to contribute to assisting States Parties in
achieving progress in implementation of the rights recognized in the Covenant.
3. A trust fund shall be established in accordance with the relevant
procedures of the General Assembly, to be administered in accordance with
the financial regulations and rules of the United Nations, with a view to
providing expert and technical assistance to States Parties, with the consent of
the State Party concerned, for the enhanced implementation of the rights
contained in the Covenant, thus contributing to building national capacities in
the area of economic, social and cultural rights in the context of the present
Protocol.
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4. The provisions of the present article are without prejudice to the
obligations of each State Party to fulfil its obligations under the Covenant.
Article 15
Annual report
The Committee shall include in its annual report a summary of its
activities under the present Protocol.
Article 16
Dissemination and information
Each State Party undertakes to make widely known and to disseminate
the Covenant and the present Protocol and to facilitate access to information
about the views and recommendations of the Committee, in particular, on
matters involving that State Party, and to do so in accessible formats for
persons with disabilities.
Article 17
Signature, ratification and accession
1. The present Protocol is open for signature by any State that has signed,
ratified or acceded to the Covenant.
2. The present Protocol is subject to ratification by any State that has
ratified or acceded to the Covenant. Instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
3. The present Protocol shall be open to accession by any State that has
ratified or acceded to the Covenant.
4. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
Article 18
Entry into force
1. The present Protocol shall enter into force three months after the date of
the deposit with the Secretary-General of the United Nations of the tenth
instrument of ratification or accession.
2. For each State ratifying or acceding to the present Protocol, after the
deposit of the tenth instrument of ratification or accession, the Protocol shall
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67
enter into force three months after the date of the deposit of its instrument of
ratification or accession.
Article 19
Amendments
1. Any State Party may propose an amendment to the present Protocol and
submit it to the Secretary-General of the United Nations. The SecretaryGeneral
shall communicate any proposed amendments to States Parties, with a
request to be notified whether they favour a meeting of States Parties for the
purpose of considering and deciding upon the proposals. In the event that,
within four months from the date of such communication, at least one third of
the States Parties favour such a meeting, the Secretary-General shall convene
the meeting under the auspices of the United Nations. Any amendment adopted
by a majority of two thirds of the States Parties present and voting shall be
submitted by the Secretary-General to the General Assembly for approval and
thereafter to all States Parties for acceptance.
2. An amendment adopted and approved in accordance with paragraph 1 of
the present article shall enter into force on the thirtieth day after the number of
instruments of acceptance deposited reaches two thirds of the number of States
Parties at the date of adoption of the amendment. Thereafter, the amendment
shall enter into force for any State Party on the thirtieth day following the
deposit of its own instrument of acceptance. An amendment shall be binding
only on those States Parties which have accepted it.
Article 20
Denunciation
1. Any State Party may denounce the present Protocol at any time by
written notification addressed to the Secretary-General of the United Nations.
Denunciation shall take effect six months after the date of receipt of the
notification by the Secretary-General.
2. Denunciation shall be without prejudice to the continued application of
the provisions of the present Protocol to any communication submitted under
articles 2 and 10 or to any procedure initiated under article 11 before the
effective date of denunciation.
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68
Article 21
Notification by the Secretary-General
The Secretary-General of the United Nations shall notify all States
referred to in article 26, paragraph 1, of the Covenant of the following
particulars:
(a)
Protocol;
Signatures, ratifications and accessions under the present
(b) The date of entry into force of the present Protocol and of any
amendment under article 19;
(c) Any denunciation under article 20.
Article 22
Official languages
1. The present Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited in the
archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified
copies of the present Protocol to all States referred to in article 26 of the
Covenant.
(IV.3.a)
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Depositary notifications are currently issued in both hard copy and electronic format. Depositary
notifications are made available to the Permanent Missions to the United Nations at the following e-mail
address: [email protected]. Such notifications are also available in the United Nations Treaty Collection on
the Internet at http://treaties.un.org, where interested individuals can subscribe to directly receive depositary
notifications by e-mail through a new automated subscription service. Depositary notifications are available
for pick-up by the Permanent Missions in Room NL-300.
Reference: C.N.869.2009.TREATIES-34 (Depositary Notification)
OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
NEW YORK, 10 DECEMBER 2008
RECTIFICATION OF THE ORIGINAL OF THE PROTOCOL (FRENCH
AUTHENTIC TEXT) AND TRANSMISSION OF THE CORRESPONDING
PROCÈS-VERBAL
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to an error in article 18 (2) of the
original of the Protocol (French authentic text) as reproduced in the certified true copies established on
31 December 2008.
Consequently, the Secretary-General has effected the required correction to the original of the
Protocol (French authentic text) as well as to the certified true copies established on 31 December 2008.
….. The annex to this notification contains the text of the correction and the corresponding procèsverbal
of rectification.
11 December 2009
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OTT
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
UNITED NATIONS NATIONS UNIES
OPTIONAL PROTOCOL TO THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
NEW YORK, 10 DECEMBER 2008
PROC~S-VERBAL OF RECTIFICATION TO THE
AUTHENTIC FRENCH TEXT OF THE PROTOCOL
PROTOCOLE FACULTATIF SE RAPPORTANT AU
PACTE INTERNATIONAL RELATIF AUX DROITS
~CONOMIQUES, SOCIAUX ET CULTURELS
NEW YORK, 10 D~CEMBRE 2008
PROC~S-VERBAL DE RECTIFICATION DU TEXTE
AUTHENTIQUE FRANCAIS DU PROTOCOLE
Done
Nations,
2009.
at Headquarters,
New York, on 11
United
December
LE SECR~TAIRE G~N~RAL DE L ' ORGANISATION
DES NATIONS UNIES, agissant en sa qualit~
de d~positaire du Protocole facultatif se
rapportant au Pacte international relatif
aux droits ~conomiques, sociaux et
culturels, adopt~ ~ New York le 10
d~cembre 2008 (Protocole),
CONSID~RANT que le paragraphe 2 de
l'article 18 de l'original du Protocole
(texte authentique fran~ais) tel que
reproduit dans les copies certifi~es
conformes ~tablies le 31 d~cembre 2008,
contient une erreur, ~ FAIT PROC~DER ~ la correction requise
dans le paragraphe 2 de l'article 18 de
l'original du Protocole ( texte authentique
fran~ais), telle qu'indiqu~e en annexe du
pr~sent proc~s-verbal, laquelle s'applique
~galement aux copies certifi~es conformes
du Protocole ~tablies le 31 d~cembre 2008.
EN FOI DE QUOI, Nous,
Patricia O'Brien, Le Conseiller
juridique, Secr~taire g~n~ral adjoint
aux affaires juridiques, avons sign~
le pr~sent proc~s-verbal.
Fait au Si~ge de l'Organisation des
Nations Unies, New York, le
11 d~cembre 2009.
WHEREAS article 18 (2)of the original of
the Protocol (authentic French text) as
reproduced in the certified true copies
established on 31 December 2008, contains
an error,
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Optional Protocol to the
International Covenant on Economic, Social
and cultural Rights, adopted in New York on
10 December 2008 (Protocol),
HAS CAUSED the required correction as
indicated in the annex to this
Proc~s-verbal to be effected in article
18(2) of the original of the Protocol
(French authentic text) , which correction
also applies to the certified true copies
of the Protocol established on 31 December
2008.
IN WITNESS WHEREOF, I,
Patricia O'Brien, The Legal Counsel,
Under Secretary-General for Legal
Affairs, have signed this Proc~sverbal.
C.N.869.2009.TREATIES-34 (Annex - Annexe)
Rectification of the original of the Optional Protocol (French authentic text) -
Rectification de l’original du Protocole Facultatif (texte authentique français)
Article 18(2) reads as follows:
Le paragraphe 2 de l’article 18 se lit comme suit :
"2. Pour chaque État qui ratifiera le présent Protocole…"
Article 18(2) should instead read as follows:
Le paragraphe 2 de l’article 18 devrait se lire comme suit :
"2. Pour chaque État qui ratifiera ou adhèrera au présent Protocole…"
Volume 2515, I-44910
3
No. 44910
____
Multilateral
Convention on the Rights of Persons with Disabilities. New York, 13 December 2006
Entry into force: 3 May 2008, in accordance with article 45(1)
Authentic texts: Arabic, Chinese, English, French, Russian and Spanish
Registration with the Secretariat of the United Nations: ex officio, 3 May 2008
Multilatéral
Convention relative aux droits des personnes handicapées. New York, 13 décembre
2006
Entrée en vigueur : 3 mai 2008, conformément au paragraphe 1 de l'article 45
Textes authentiques : arabe, chinois, anglais, français, russe et espagnol
Enregistrement auprès du Secrétariat des Nations Unies : d'office, 3 mai 2008
Volume 2515, I-44910
70
[ ENGLISH TEXT – TEXTE ANGLAIS ]
CONVENTION ON THE RIGHTS OF PERSONS
WITH DISABILITIES
Preamble
The States Parties to the present Convention,
(a) Recalling the principles proclaimed in the Charter of the United Nations which
recognize the inherent dignity and worth and the equal and inalienable rights of all members of
the human family as the foundation of freedom, justice and peace in the world,
(b) Recognizing that the United Nations, in the Universal Declaration of Human
Rights and in the International Covenants on Human Rights, has proclaimed and agreed that
everyone is entitled to all the rights and freedoms set forth therein, without distinction of any
kind,
(c) Reaffirming the universality, indivisibility, interdependence and interrelatedness
of all human rights and fundamental freedoms and the need for persons with disabilities to be
guaranteed their full enjoyment without discrimination,
( d) Recalling the International Covenant on Economic, Social and Cultural Rights,
the International Covenant on Civil and Political Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All
Forms of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families,
( e) Recognizing that disability is an evolving concept and that disability results from
the interaction between persons with impairments and attitudinal and environmental barriers that
hinders their full and effective participation in society on an equal basis with others,
(f) Recognizing the importance of the principles and policy guidelines contained in
the World Programme of Action concerning Disabled Persons and in the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities in influencing the promotion,
formulation and evaluation of the policies, plans, programmes and actions at the national,
regional and international levels to further equalize opportunities for persons with disabilities,
(g) Emphasizing the importance of mainstreaming disability issues as an integral part
of relevant strategies of sustainable development,
(h) Recognizing also that discrimination against any person on the basis of disability
is a violation of the inherent dignity and worth of the human person,
(i) Recognizing further the diversity of persons with disabilities,
() Recognizing the need to promote and protect the human rights of all persons with
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71
disabilities, including those who require more intensive support,
(k) Concerned that, despite these various instruments and undertakings, persons with
disabilities continue to face barriers in their participation as equal members of society and
violations of their human rights in all parts of the world,
(I) Recognizing the importance of international cooperation for improving the living
conditions of persons with disabilities in every country, particularly in developing countries,
(m) Recognizing the valued existing and potential contributions made by persons with
disabilities to the overall well-being and diversity of their communities, and that the promotion
of the full enjoyment by persons with disabilities of their human rights and fundamental
freedoms and of full participation by persons with disabilities will result in their enhanced sense
of belonging and in significant advances in the human, social and economic development of
society and the eradication of poverty,
(n) Recognizing the importance for persons with disabilities of their individual
autonomy and independence, including the freedom to make their own choices,
( o) Considering that persons with disabilities should have the opportunity to be
actively involved in decision-making processes about policies and programmes, including those
directly concerning them,
(p) Concerned about the difficult conditions faced by persons with disabilities who
are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex,
language, religion, political or other opinion, national, ethnic, indigenous or social origin,
property, birth, age or other status,
( q) Recognizing that women and girls with disabilities are often at greater risk, both
within and outside the home, of violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation,
(r) Recognizing that children with disabilities should have full enjoyment of all
human rights and fundamental freedoms on an equal basis with other children, and recalling
obligations to that end undertaken by States Parties to the Convention on the Rights of the Child,
(s) Emphasizing the need to incorporate a gender perspective in all efforts to promote
the full enjoyment of human rights and fundamental freedoms by persons with disabilities,
(t) Highlighting the fact that the majority of persons with disabilities live in
conditions of poverty, and in this regard recognizing the critical need to address the negative
impact of poverty on persons with disabilities,
(u) Bearing in mind that conditions of peace and security based on full respect for the
purposes and principles contained in the Charter of the United Nations and observance of
applicable human rights instruments are indispensable for the full protection of persons with
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disabilities, in particular during armed conflicts and foreign occupation,
(v) Recognizing the importance of accessibility to the physical, social, economic and
cultural environment, to health and education and to information and communication, in
enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,
(w) Realizing that the individual, having duties to other individuals and to the
community to which he or she belongs, is under a responsibility to strive for the promotion and
observance of the rights recognized in the International Bill of Human Rights,
(x) Convinced that the family is the natural and fundamental group unit of society
and is entitled to protection by society and the State, and that persons with disabilities and their
family members should receive the necessary protection and assistance to enable families to
contribute towards the full and equal enjoyment of the rights of persons with disabilities,
(y) Convinced that a comprehensive and integral international convention to promote
and protect the rights and dignity of persons with disabilities will make a significant contribution
to redressing the profound social disadvantage of persons with disabilities and promote their
participation in the civil, political, economic, social and cultural spheres with equal
opportunities, in both developing and developed countries,
Have agreed as follows:
Article 1
Purpose
The purpose of the present Convention is to promote, protect and ensure the full and
equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities,
and to promote respect for their inherent dignity.
Persons with disabilities include those who have long-term physical, mental, intellectual
or sensory impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others.
Article 2
Definitions
For the purposes of the present Convention:
"Communication" includes languages, display of text, Braille, tactile communication,
large print, accessible multimedia as well as written, audio, plain-language, human-reader and
augmentative and alternative modes, means and formats of communication, including accessible
information and communication technology;
"Language" includes spoken and signed languages and other forms of non spoken
languages;
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"Discrimination on the basis of disability" means any distinction, exclusion or restriction
on the basis of disability which has the purpose or effect of impairing or nullifying the
recognition, enjoyment or exercise, on an equal basis with others, of all human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field. It
includes all forms of discrimination, including denial of reasonable accommodation;
"Reasonable accommodation" means necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a particular case,
to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of
all human rights and fundamental freedoms;
"Universal design" means the design of products, environments, programmes and
services to be usable by all people, to the greatest extent possible, without the need for
adaptation or specialized design. "Universal design" shall not exclude assistive devices for
particular groups of persons with disabilities where this is needed.
Article 3
General principles
The principles of the present Convention shall be:
(a) Respect for inherent dignity, individual autonomy including the freedom to make
one's own choices, and independence of persons;
(b) Non-discrimination;
(c) Full and effective participation and inclusion in society;
(d) Respect for difference and acceptance of persons with disabilities as part of
human diversity and humanity;
(e) Equality of opportunity;
(f) Accessibility;
(g) Equality between men and women;
(h) Respect for the evolving capacities of children with disabilities and respect for the
right of children with disabilities to preserve their identities.
Article 4
General obligations
1. States Parties undertake to ensure and promote the full realization of all human rights and
fundamental freedoms for all persons with disabilities without discrimination of any kind on the
basis of disability. To this end, States Parties undertake:
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(a) To adopt all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the present Convention;
(b) To take all appropriate measures, including legislation, to modify or abolish
existing laws, regulations, customs and practices that constitute discrimination against persons
with disabilities;
(c) To take into account the protection and promotion of the human rights of persons
with disabilities in all policies and programmes;
(d) To refrain from engaging in any act or practice that is inconsistent with the
present Convention and to ensure that public authorities and institutions act in conformity with
the present Convention;
(e) To take all appropriate measures to eliminate discrimination on the basis of
disability by any person, organization or private enterprise;
(f) To undertake or promote research and development of universally designed
goods, services, equipment and facilities, as defined in article 2 of the present Convention, which
should require the minimum possible adaptation and the least cost to meet the specific needs of a
person with disabilities, to promote their availability and use, and to promote universal design in
the development of standards and guidelines;
(g) To undertake or promote research and development of, and to promote the
availability and use of new technologies, including information and communications
technologies, mobility aids, devices and assistive technologies, suitable for persons with
disabilities, giving priority to technologies at an affordable cost;
(h) To provide accessible information to persons with disabilities about mobility aids,
devices and assistive technologies, including new technologies, as well as other forms of
assistance, support services and facilities;
(i) To promote the training of professionals and staff working with persons with
disabilities in the rights recognized in the present Convention so as to better provide the
assistance and services guaranteed by those rights.
2. With regard to economic, social and cultural rights, each State Party undertakes to take
measures to the maximum of its available resources and, where needed, within the framework of
international cooperation, with a view to achieving progressively the full realization of these
rights, without prejudice to those obligations contained in the present Convention that are
immediately applicable according to international law.
3. In the development and implementation of legislation and policies to implement the
present Convention, and in other decision-making processes concerning issues relating to
persons with disabilities, States Parties shall closely consult with and actively involve persons
with disabilities, including children with disabilities, through their representative organizations.
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4. Nothing in the present Convention shall affect any provisions which are more conducive
to the realization of the rights of persons with disabilities and which may be contained in the law
of a State Party or international law in force for that State. There shall be no restriction upon or
derogation from any of the human rights and fundamental freedoms recognized or existing in
any State Party to the present Convention pursuant to law, conventions, regulation or custom on
the pretext that the present Convention does not recognize such rights or freedoms or that it
recognizes them to a lesser extent.
5. The provisions of the present Convention shall extend to all parts of federal States
without any limitations or exceptions.
Article 5
Equality and non-discrimination
1. States Parties recognize that all persons are equal before and under the law and are
entitled without any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to
persons with disabilities equal and effective legal protection against discrimination on all
grounds.
3. In order to promote equality and eliminate discrimination, States Parties shall take all
appropriate steps to ensure that reasonable accommodation is provided.
4. Specific measures which are necessary to accelerate or achieve de facto equality of
persons with disabilities shall not be considered discrimination under the terms of the present
Convention.
Article 6
Women with disabilities
1. States Parties recognize that women and girls with disabilities are subject to multiple
discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by
them of all human rights and fundamental freedoms.
2. States Parties shall take all appropriate measures to ensure the full development,
advancement and empowerment of women, for the purpose of guaranteeing them the exercise
and enjoyment of the human rights and fundamental freedoms set out in the present Convention.
Article 7
Children with disabilities
1. States Parties shall take all necessary measures to ensure the full enjoyment by children
with disabilities of all human rights and fundamental freedoms on an equal basis with other
children.
2. In all actions concerning children with disabilities, the best interests of the child shall be
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a primary consideration.
3. States Parties shall ensure that children with disabilities have the right to express their
views freely on all matters affecting them, their views being given due weight in accordance
with their age and maturity, on an equal basis with other children, and to be provided with
disability and age-appropriate assistance to realize that right.
Article 8
Awareness-raising
1. States Parties undertake to adopt immediate, effective and appropriate measures:
(a) To raise awareness throughout society, including at the family level, regarding
persons with disabilities, and to foster respect for the rights and dignity of persons with
disabilities;
(b) To combat stereotypes, prejudices and harmful practices relating to persons with
disabilities, including those based on sex and age, in all areas of life;
(c) To promote awareness of the capabilities and contributions of persons with
disabilities.
2. Measures to this end include:
(a) Initiating and maintaining effective public awareness campaigns designed:
(i) To nurture receptiveness to the rights of persons with disabilities;
(ii) To promote positive perceptions and greater social awareness towards persons
with disabilities;
(iii) To promote recognition of the skills, merits and abilities of persons with
disabilities, and of their contributions to the workplace and the labour market;
(b) Fostering at all levels of the education system, including in all children from an
early age, an attitude of respect for the rights of persons with disabilities;
(c) Encouraging all organs of the media to portray persons with disabilities in a
manner consistent with the purpose of the present Convention;
(d) Promoting awareness-training programmes regarding persons with disabilities
and the rights of persons with disabilities.
Article 9
Accessibility
1. To enable persons with disabilities to live independently and participate fully in all
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aspects of life, States Parties shall take appropriate measures to ensure to persons with
disabilities access, on an equal basis with others, to the physical environment, to transportation,
to information and communications, including information and communications technologies
and systems, and to other facilities and services open or provided to the public, both in urban and
in rural areas. These measures, which shall include the identification and elimination of obstacles
and barriers to accessibility, shall apply to, inter alia:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including
schools, housing, medical facilities and workplaces;
(b) Information, communications and other services, including electronic services
and emergency services.
2. States Parties shall also take appropriate measures:
(a) To develop, promulgate and monitor the implementation of minimum standards
and guidelines for the accessibility of facilities and services open or provided to the public;
(b) To ensure that private entities that offer facilities and services which are open or
provided to the public take into account all aspects of accessibility for persons with disabilities;
(c) To provide training for stakeholders on accessibility issues facing persons with
disabilities;
(d) To provide in buildings and other facilities open to the public signage in Braille
and in easy to read and understand forms;
(e) To provide forms of live assistance and intermediaries, including guides, readers
and professional sign language interpreters, to facilitate accessibility to buildings and other
facilities open to the public;
(f) To promote other appropriate forms of assistance and support to persons with
disabilities to ensure their access to information;
(g) To promote access for persons with disabilities to new information and
communications technologies and systems, including the Internet;
(h) To promote the design, development, production and distribution of accessible
information and communications technologies and systems at an early stage, so that these
technologies and systems become accessible at minimum cost.
Article 10
Right to life
States Parties reaffirm that every human being has the inherent right to life and shall take
all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal
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basis with others.
Article 11
Situations of risk and humanitarian emergencies
States Parties shall take, in accordance with their obligations under international law,
including international humanitarian law and international human rights law, all necessary
measures to ensure the protection and safety of persons with disabilities in situations of risk,
including situations of armed conflict, humanitarian emergencies and the occurrence of natural
disasters.
Article 12
Equal recognition before the law
1. States Parties reaffirm that persons with disabilities have the right to recognition
everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an
equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with
disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity
provide for appropriate and effective safeguards to prevent abuse in accordance with
international human rights law. Such safeguards shall ensure that measures relating to the
exercise of legal capacity respect the rights, will and preferences of the person, are free of
conflict of interest and undue influence, are proportional and tailored to the person's
circumstances, apply for the shortest time possible and are subject to regular review by a
competent, independent and impartial authority or judicial body. The safeguards shall be
proportional to the degree to which such measures affect the person's rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and
effective measures to ensure the equal right of persons with disabilities to own or inherit
property, to control their own financial affairs and to have equal access to bank loans, mortgages
and other forms of financial credit, and shall ensure that persons with disabilities are not
arbitrarily deprived of their property.
Article 13
Access to justice
1. States Parties shall ensure effective access to justice for persons with disabilities on an
equal basis with others, including through the provision of procedural and age-appropriate
accommodations, in order to facilitate their effective role as direct and indirect participants,
including as witnesses, in all legal proceedings, including at investigative and other preliminary
stages.
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2. In order to help to ensure effective access to justice for persons with disabilities, States
Parties shall promote appropriate training for those working in the field of administration of
justice, including police and prison staff.
Article 14
Liberty and security of person
1. States Parties shall ensure that persons with disabilities, on an equal basis with others:
(a) Enjoy the right to liberty and security of person;
(b) Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation
of liberty is in conformity with the law, and that the existence of a disability shall in no case
justify a deprivation of liberty.
2. States Parties shall ensure that if persons with disabilities are deprived of their liberty
through any process, they are, on an equal basis with others, entitled to guarantees in accordance
with international human rights law and shall be treated in compliance with the objectives and
principles of the present Convention, including by provision of reasonable accommodation.
Article 15
Freedom from torture or cruel, inhuman or degrading
treatment or punishment
1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his or her free consent to medical or
scientific experimentation.
2. States Parties shall take all effective legislative, administrative, judicial or other measures
to prevent persons with disabilities, on an equal basis with others, from being subjected to torture
or cruel, inhuman or degrading treatment or punishment.
Article 16
Freedom from exploitation, violence and abuse
1. States Parties shall take all appropriate legislative, administrative, social, educational and
other measures to protect persons with disabilities, both within and outside the home, from all
forms of exploitation, violence and abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation,
violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive
assistance and support for persons with disabilities and their families and caregivers, including
through the provision of information and education on how to avoid, recognize and report
instances of exploitation, violence and abuse. States Parties shall ensure that protection services
are age-, gender- and disability-sensitive.
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3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States
Parties shall ensure that all facilities and programmes designed to serve persons with disabilities
are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive and
psychological recovery, rehabilitation and social reintegration of persons with disabilities who
become victims of any form of exploitation, violence or abuse, including through the provision
of protection services. Such recovery and reintegration shall take place in an environment that
fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into
account gender- and age-specific needs.
5. States Parties shall put in place effective legislation and policies, including women- and
child-focused legislation and policies, to ensure that instances of exploitation, violence and
abuse against persons with disabilities are identified, investigated and, where appropriate,
prosecuted.
Article 17
Protecting the integrity of the person
Every person with disabilities has a right to respect for his or her physical and mental
integrity on an equal basis with others.
Article 18
Liberty of movement and nationality
1. States Parties shall recognize the rights of persons with disabilities to liberty of
movement, to freedom to choose their residence and to a nationality, on an equal basis with
others, including by ensuring that persons with disabilities:
(a) Have the right to acquire and change a nationality and are not deprived of their
nationality arbitrarily or on the basis of disability;
(b) Are not deprived, on the basis of disability, of their ability to obtain, possess and
utilize documentation of their nationality or other documentation of identification, or to utilize
relevant processes such as immigration proceedings, that may be needed to facilitate exercise of
the right to liberty of movement;
(c) Are free to leave any country, including their own;
( d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their
own country.
2. Children with disabilities 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 their parents.
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Article 19
Living independently and being included in
the community
States Parties to the present Convention recognize the equal right of all persons with
disabilities to live in the community, with choices equal to others, and shall take effective and
appropriate measures to facilitate full enjoyment by persons with disabilities of this right and
their full inclusion and participation in the community, including by ensuring that:
(a) Persons with disabilities have the opportunity to choose their place of residence
and where and with whom they live on an equal basis with others and are not obliged to live in a
particular living arrangement;
(b) Persons with disabilities have access to a range of in-home, residential and other
community support services, including personal assistance necessary to support living and
inclusion in the community, and to prevent isolation or segregation from the community;
(c) Community services and facilities for the general population are available on an
equal basis to persons with disabilities and are responsive to their needs.
Article 20
Personal mobility
States Parties shall take effective measures to ensure personal mobility with the greatest
possible independence for persons with disabilities, including by:
(a) Facilitating the personal mobility of persons with disabilities in the manner and at
the time of their choice, and at affordable cost;
(b) Facilitating access by persons with disabilities to quality mobility aids, devices,
assistive technologies and forms of live assistance and intermediaries, including by making them
available at affordable cost;
(c) Providing training in mobility skills to persons with disabilities and to specialist
staff working with persons with disabilities;
( d) Encouraging entities that produce mobility aids, devices and assistive
technologies to take into account all aspects of mobility for persons with disabilities.
Article 21
Freedom of expression and opinion, and access
to information
States Parties shall take all appropriate measures to ensure that persons with disabilities
can exercise the right to freedom of expression and opinion, including the freedom to seek,
receive and impart information and ideas on an equal basis with others and through all forms of
communication of their choice, as defined in article 2 of the present Convention, including by:
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(a) Providing information intended for the general public to persons with disabilities
in accessible formats and technologies appropriate to different kinds of disabilities in a timely
manner and without additional cost;
(b) Accepting and facilitating the use of sign languages, Braille, augmentative and
alternative communication, and all other accessible means, modes and formats of communication
of their choice by persons with disabilities in official interactions;
( c) Urging private entities that provide services to the general public, including
through the Internet, to provide information and services in accessible and usable formats for
persons with disabilities;
( d) Encouraging the mass media, including providers of information through the
Internet, to make their services accessible to persons with disabilities;
(e) Recognizing and promoting the use of sign languages.
Article 22
Respect for privacy
1. No person with disabilities, regardless of place of residence or living arrangements, shall
be subjected to arbitrary or unlawful interference with his or her privacy, family, home or
correspondence or other types of communication or to unlawful attacks on his or her honour and
reputation. Persons with disabilities have the right to the protection of the law against such
interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation information
of persons with disabilities on an equal basis with others.
Article 23
Respect for home and the family
1. States Parties shall take effective and appropriate measures to eliminate discrimination
against persons with disabilities in all matters relating to marriage, family, parenthood and
relationships, on an equal basis with others, so as to ensure that:
(a) The right ofall persons with disabilities who are of marriageable age to marry and
to found a family on the basis of free and full consent of the intending spouses is recognized;
(b) The rights of persons with disabilities to decide freely and responsibly on the
number and spacing of their children and to have access to age-appropriate information,
reproductive and family planning education are recognized, and the means necessary to enable
them to exercise these rights are provided;
( c) Persons with disabilities, including children, retain their fertility on an equal basis
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with others.
2. States Parties shall ensure the rights and responsibilities of persons with disabilities, with
regard to guardianship, wardship, trusteeship, adoption of children or similar institutions, where
these concepts exist in national legislation; in all cases the best interests of the child shall be
paramount. States Parties shall render appropriate assistance to persons with disabilities in the
performance of their child-rearing responsibilities.
3. States Parties shall ensure that children with disabilities have equal rights with respect to
family life. With a view to realizing these rights, and to prevent concealment, abandonment,
neglect and segregation of children with disabilities, States Parties shall undertake to provide
early and comprehensive information, services and support to children with disabilities and their
families.
4. 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. In no case shall a child be separated from parents on the basis of a
disability of either the child or one or both of the parents.
5. States Parties shall, where the immediate family is unable to care for a child with
disabilities, undertake every effort to provide alternative care within the wider family, and failing
that, within the community in a family setting.
Article 24
Education
1. States Parties recognize the right of persons with disabilities to education. With a view to
realizing this right without discrimination and on the basis of equal opportunity, States Parties
shall ensure an inclusive education system at all levels and lifelong learning directed to:
(a) The full development of human potential and sense of dignity and self-worth, and
the strengthening of respect for human rights, fundamental freedoms and human diversity;
(b) The development by persons with disabilities of their personality, talents and
creativity, as well as their mental and physical abilities, to their fullest potential;
(c) Enabling persons with disabilities to participate effectively in a free society.
2. In realizing this right, States Parties shall ensure that:
(a) Persons with disabilities are not excluded from the general education system on
the basis of disability, and that children with disabilities are not excluded from free and
compulsory primary education, or from secondary education, on the basis of disability;
(b) Persons with disabilities can access an inclusive, quality and free primary
education and secondary education on an equal basis with others in the communities in which
they live;
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(c) Reasonable accommodation of the individual's requirements is provided;
( d) Persons with disabilities receive the support required, within the general
education system, to facilitate their effective education;
(e) Effective individualized support measures are provided in environments that
maximize academic and social development, consistent with the goal of full inclusion.
3. States Parties shall enable persons with disabilities to learn life and social development
skills to facilitate their full and equal participation in education and as members of the
community. To this end, States Parties shall take appropriate measures, including:
(a) Facilitating the learning of Braille, alternative script, augmentative and alternative
modes, means and formats of communication and orientation and mobility skills, and facilitating
peer support and mentoring;
(b) Facilitating the learning of sign language and the promotion of the linguistic
identity of the deaf community;
( c) Ensuring that the education of persons, and in particular children, who are blind,
deaf or deafblind, is delivered in the most appropriate languages and modes and means of
communication for the individual, and in environments which maximize academic and social
development.
4. In order to help ensure the realization of this right, States Parties shall take appropriate
measures to employ teachers, including teachers with disabilities, who are qualified in sign
language and/or Braille, and to train professionals and staff who work at all levels of education.
Such training shall incorporate disability awareness and the use of appropriate augmentative and
alternative modes, means and formats of communication, educational techniques and materials to
support persons with disabilities.
5. States Parties shall ensure that persons with disabilities are able to access general tertiary
education, vocational training, adult education and lifelong learning without discrimination and
on an equal basis with others. To this end, States Parties shall ensure that reasonable
accommodation is provided to persons with disabilities.
Article 25
Health
States Parties recognize that persons with disabilities have the right to the enjoyment of
the highest attainable standard of health without discrimination on the basis of disability. States
Parties shall take all appropriate measures to ensure access for persons with disabilities to health
services that are gender-sensitive, including health-related rehabilitation. In particular, States
Parties shall:
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(a) Provide persons with disabilities with the same range, quality and standard of free
or affordable health care and programmes as provided to other persons, including in the area of
sexual and reproductive health and population-based public health programmes;
(b) Provide those health services needed by persons with disabilities specifically
because of their disabilities, including early identification and intervention as appropriate, and
services designed to minimize and prevent further disabilities, including among children and
older persons;
( c) Provide these health services as close as possible to people's own communities,
including in rural areas;
( d) Require health professionals to provide care of the same quality to persons with
disabilities as to others, including on the basis of free and informed consent by, inter alia, raising
awareness of the human rights, dignity, autonomy and needs of persons with disabilities through
training and the promulgation of ethical standards for public and private health care;
(e) Prohibit discrimination against persons with disabilities in the provision of health
insurance, and life insurance where such insurance is permitted by national law, which shall be
provided in a fair and reasonable manner;
(t) Prevent discriminatory denial of health care or health services or food and fluids
on the basis of disability.
Article 26
Habilitation and rehabilitation
1. States Parties shall take effective and appropriate measures, including through peer
support, to enable persons with disabilities to attain and maintain maximum independence, full
physical, mental, social and vocational ability, and full inclusion and participation in all aspects
of life. To that end, States Parties shall organize, strengthen and extend comprehensive
habilitation and rehabilitation services and programmes, particularly in the areas of health,
employment, education and social services, in such a way that these services and programmes:
(a) Begin at the earliest possible stage, and are based on the multidisciplinary
assessment of individual needs and strengths;
(b) Support participation and inclusion in the community and all aspects of society,
are voluntary, and are available to persons with disabilities as close as possible to their own
communities, including in rural areas.
2. States Parties shall promote the development of initial and continuing training for
professionals and staff working in habilitation and rehabilitation services.
3. States Parties shall promote the availability, knowledge and use of assistive devices and
technologies, designed for persons with disabilities, as they relate to habilitation and
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rehabilitation.
Article 27
Work and employment
1. States Parties recognize the right of persons with disabilities to work, on an equal basis
with others; this includes the right to the opportunity to gain a living by work freely chosen or
accepted in a labour market and work environment that is open, inclusive and accessible to
persons with disabilities. States Parties shall safeguard and promote the realization of the right to
work, including for those who acquire a disability during the course of employment, by taking
appropriate steps, including through legislation, to, inter alia:
(a) Prohibit discrimination on the basis of disability with regard to all matters
concerning all forms of employment, including conditions of recruitment, hiring and
employment, continuance of employment, career advancement and safe and healthy working
conditions;
(b) Protect the rights of persons with disabilities, on an equal basis with others, to just
and favourable conditions of work, including equal opportunities and equal remuneration for
work of equal value, safe and healthy working conditions, including protection from harassment,
and the redress of grievances;
( c) Ensure that persons with disabilities are able to exercise their labour and trade
union rights on an equal basis with others;
( d) Enable persons with disabilities to have effective access to general technical and
vocational guidance programmes, placement services and vocational and continuing training;
(e) Promote employment opportunities and career advancement for persons with
disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and
returning to employment;
(f) Promote opportunities for self-employment, entrepreneurship, the development of
cooperatives and starting one's own business;
(g) Employ persons with disabilities in the public sector;
(h) Promote the employment of persons with disabilities in the private sector through
appropriate policies and measures, which may include affirmative action programmes, incentives
and other measures;
(i) Ensure that reasonable accommodation is provided to persons with disabilities in
the workplace;
(j) Promote the acquisition by persons with disabilities of work experience in the
open labour market;
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(k) Promote vocational and professional rehabilitation, job retention and
return-to-work programmes for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in slavery or in
servitude, and are protected, on an equal basis with others, from forced or compulsory labour.
Article 28
Adequate standard of living and social protection
1. States Parties recognize the right of persons with disabilities to an adequate standard of
living for themselves and their families, including adequate food, clothing and housing, and to
the continuous improvement of living conditions, and shall take appropriate steps to safeguard
and promote the realization of this right without discrimination on the basis of disability.
2. States Parties recognize the right of persons with disabilities to social protection and to
the enjoyment of that right without discrimination on the basis of disability, and shall take
appropriate steps to safeguard and promote the realization of this right, including measures:
(a) To ensure equal access by persons with disabilities to clean water services, and to
ensure access to appropriate and affordable services, devices and other assistance for
disability-related needs;
(b) To ensure access by persons with disabilities, in particular women and girls with
disabilities and older persons with disabilities, to social protection programmes and poverty
reduction programmes;
( c) To ensure access by persons with disabilities and their families living in situations
of poverty to assistance from the State with disability-related expenses, including adequate
training, counselling, financial assistance and respite care;
(d) To ensure access by persons with disabilities to public housing programmes;
( e) To ensure equal access by persons with disabilities to retirement benefits and
programmes.
Article 29
Participation in political and public life
States Parties shall guarantee to persons with disabilities political rights and the
opportunity to enjoy them on an equal basis with others, and shall undertake:
(a) To ensure that persons with disabilities can effectively and fully participate in
political and public life on an equal basis with others, directly or through freely chosen
representatives, including the right and opportunity for persons with disabilities to vote and be
elected, inter alia, by:
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(i) Ensuring that voting procedures, facilities and materials are appropriate,
accessible and easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections
and public referendums without intimidation, and to stand for elections, to effectively hold office
and perform all public functions at all levels of government, facilitating the use of assistive and
new technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as
electors and to this end, where necessary, at their request, allowing assistance in voting by a
person of their own choice;
(b) To promote actively an environment in which persons with disabilities can
effectively and fully participate in the conduct of public affairs, without discrimination and on an
equal basis with others, and encourage their participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concerned with
the public and political life of the country, and in the activities and administration of political
parties;
(ii) Forming and joining organizations of persons with disabilities to represent
persons with disabilities at international, national, regional and local levels.
Article 30
Participation in cultural life, recreation,
leisure and sport
1. States Parties recognize the right of persons with disabilities to take part on an equal
basis with others in cultural life, and shall take all appropriate measures to ensure that persons
with disabilities:
(a) Enjoy access to cultural materials in accessible formats;
(b) Enjoy access to television programmes, films, theatre and other cultural activities,
in accessible formats;
(c) Enjoy access to places for cultural performances or services, such as theatres,
museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to
monuments and sites of national cultural importance.
2. States Parties shall take appropriate measures to enable persons with disabilities to have
the opportunity to develop and utilize their creative, artistic and intellectual potential, not only
for their own benefit, but also for the enrichment of society.
3. States Parties shall take all appropriate steps, in accordance with international law, to
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ensure that laws protecting intellectual property rights do not constitute an unreasonable or
discriminatory barrier to access by persons with disabilities to cultural materials.
4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition
and support of their specific cultural and linguistic identity, including sign languages and deaf
culture.
5. With a view to enabling persons with disabilities to participate on an equal basis with
others in recreational, leisure and sporting activities, States Parties shall take appropriate
measures:
(a) To encourage and promote the participation, to the fullest extent possible, of
persons with disabilities in mainstream sporting activities at all levels;
(b) To ensure that persons with disabilities have an opportunity to organize, develop
and participate in disability-specific sporting and recreational activities and, to this end,
encourage the provision, on an equal basis with others, of appropriate instruction, training and
resources;
( c) To ensure that persons with disabilities have access to sporting, recreational and
tourism venues;
(d) To ensure that children with disabilities have equal access with other children to
participation in play, recreation and leisure and sporting activities, including those activities in
the school system;
( e) To ensure that persons with disabilities have access to services from those
involved in the organization of recreational, tourism, leisure and sporting activities.
Article 31
Statistics and data collection
1. States Parties undertake to collect appropriate information, including statistical and
research data, to enable them to formulate and implement policies to give effect to the present
Convention. The process of collecting and maintaining this information shall:
(a) Comply with legally established safeguards, including legislation on data
protection, to ensure confidentiality and respect for the privacy of persons with disabilities;
(b) Comply with internationally accepted norms to protect human rights and
fundamental freedoms and ethical principles in the collection and use of statistics.
2. The information collected in accordance with this article shall be disaggregated, as
appropriate, and used to help assess the implementation of States Parties' obligations under the
present Convention and to identify and address the barriers faced by persons with disabilities in
exercising their rights.
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3. States Parties shall assume responsibility for the dissemination of these statistics and
ensure their accessibility to persons with disabilities and others.
Article 32
International cooperation
1. States Parties recognize the importance of international cooperation and its promotion, in
support of national efforts for the realization of the purpose and objectives of the present
Convention, and will undertake appropriate and effective measures in this regard, between and
among States and, as appropriate, in partnership with relevant international and regional
organizations and civil society, in particular organizations of persons with disabilities. Such
measures could include, inter alia:
(a) Ensuring that international cooperation, including international development
programmes, is inclusive of and accessible to persons with disabilities;
(b) Facilitating and supporting capacity-building, including through the exchange and
sharing of information, experiences, training programmes and best practices;
( c) Facilitating cooperation in research and access to scientific and technical
knowledge;
( d) Providing, as appropriate, technical and economic assistance, including by
facilitating access to and sharing of accessible and assistive technologies, and through the
transfer of technologies.
2. The provisions of this article are without prejudice to the obligations of each State Party
to fulfil its obligations under the present Convention.
Article 33
National implementation and monitoring
1. States Parties, in accordance with their system of organization, shall designate one or
more focal points within government for matters relating to the implementation of the present
Convention, and shall give due consideration to the establishment or designation of a
coordination mechanism within government to facilitate related action in different sectors and at
different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain,
strengthen, designate or establish within the State Party, a framework, including one or more
independent mechanisms, as appropriate, to promote, protect and monitor implementation of the
present Convention. When designating or establishing such a mechanism, States Parties shall
take into account the principles relating to the status and functioning of national institutions for
protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and their representative organizations,
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shall be involved and participate fully in the monitoring process.
Article 34
Committee on the Rights of Persons with Disabilities
1. There shall be established a Committee on the Rights of Persons with Disabilities
(hereafter referred to as "the Committee"), which shall carry out the functions hereinafter
provided.
2. The Committee shall consist, at the time of entry into force of the present Convention, of
twelve experts. After an additional sixty ratifications or accessions to the Convention, the
membership of the Committee shall increase by six members, attaining a maximum number of
eighteen members.
3. The members of the Committee shall serve in their personal capacity and shall be of high
moral standing and recognized competence and experience in the field covered by the present
Convention. When nominating their candidates, States Parties are invited to give due
consideration to the provision set out in article 4, paragraph 3, of the present Convention.
4. The members of the Committee shall be elected by States Parties, consideration being
given to equitable geographical distribution, representation of the different forms of civilization
and of the principal legal systems, balanced gender representation and participation of experts
with disabilities.
5. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by the States Parties from among their nationals at meetings of the Conference of
States Parties. At those meetings, for which two thirds of States Parties shall constitute a
quorum, the persons elected to the Committee shall be those who obtain the largest number of
votes and an absolute majority of the votes of the representatives of States Parties present and
voting.
6. The initial election shall be held no later than six months after the date of entry into force
of the present Convention. At least four months before the date of each election, the
Secretary-General of the United Nations shall address a letter to the States Parties inviting them
to submit the nominations within two months. The Secretary-General shall subsequently prepare
a list in alphabetical order of all persons thus nominated, indicating the State Parties which have
nominated them, and shall submit it to the States Parties to the present Convention.
7. The members of the Committee shall be elected for a term of four years. They shall be
eligible for re-election once. However, the term of six of the members elected at the first election
shall expire at the end of two years; immediately after the first election, the names of these six
members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of
this article.
8. The election of the six additional members of the Committee shall be held on the
occasion of regular elections, in accordance with the relevant provisions of this article.
Volume 2515, I-44910
92
9. If a member of the Committee dies or resigns or declares that for any other cause she or
he can no longer perform her or his duties, the State Party which nominated the member shall
appoint another expert possessing the qualifications and meeting the requirements set out in the
relevant provisions of this article, to serve for the remainder of the term.
10. The Committee shall establish its own rules of procedure.
11. The Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee under the present
Convention, and shall convene its initial meeting.
12. With the approval of the General Assembly of the United Nations, the members of the
Committee established under the present Convention shall receive emoluments from United
Nations resources on such terms and conditions as the Assembly may decide, having regard to
the importance of the Committee's responsibilities.
13. The members of the Committee shall be entitled to the facilities, privileges and
immunities of experts on mission for the United Nations as laid down in the relevant sections of
the Convention on the Privileges and Immunities of the United Nations.
Article 35
Reports by States Parties
1. Each State Party shall submit to the Committee, through the Secretary-General of the
United Nations, a comprehensive report on measures taken to give effect to its obligations under
the present Convention and on the progress made in that regard, within two years after the entry
into force of the present Convention for the State Party concerned.
2. Thereafter, States Parties shall submit subsequent reports at least every four years and
further whenever the Committee so requests.
3. The Committee shall decide any guidelines applicable to the content of the reports.
4. A State Party which has submitted a comprehensive initial report to the Committee need
not, in its subsequent reports, repeat information previously provided. When preparing reports to
the Committee, States Parties are invited to consider doing so in an open and transparent process
and to give due consideration to the provision set out in article 4, paragraph 3, of the present
Convention.
5. Reports may indicate factors and difficulties affecting the degree of fulfilment of
obligations under the present Convention.
Volume 2515, I-44910
93
Article 36
Consideration of reports
1. Each report shall be considered by the Committee, which shall make such suggestions
and general recommendations on the report as it may consider appropriate and shall forward
these to the State Party concerned. The State Party may respond with any information it chooses
to the Committee. The Committee may request further information from States Parties relevant
to the implementation of the present Convention.
2. If a State Party is significantly overdue in the submission of a report, the Committee may
notify the State Party concerned of the need to examine the implementation of the present
Convention in that State Party, on the basis of reliable information available to the Committee, if
the relevant report is not submitted within three months following the notification. The
Committee shall invite the State Party concerned to participate in such examination. Should the
State Party respond by submitting the relevant report, the provisions of paragraph 1 of this article
will apply.
3. The Secretary-General of the United Nations shall make available the reports to all States
Parties.
4. States Parties shall make their reports widely available to the public in their own
countries and facilitate access to the suggestions and general recommendations relating to these
reports.
5. The Committee shall transmit, as it may consider appropriate, to the specialized agencies,
funds and programmes of the United Nations, and other competent bodies, reports from States
Parties in order to address a request or indication of a need for technical advice or assistance
contained therein, along with the Committee's observations and recommendations, if any, on
these requests or indications.
Article 37
Cooperation between States Parties and the Committee
1. Each State Party shall cooperate with the Committee and assist its members in the
fulfilment of their mandate.
2. In its relationship with States Parties, the Committee shall give due consideration to ways
and means of enhancing national capacities for the implementation of the present Convention,
including through international cooperation.
Article 38
Relationship of the Committee with other bodies
In order to foster the effective implementation of the present Convention and to
encourage international cooperation in the field covered by the present Convention:
(a) The specialized agencies and other United Nations organs shall be entitled to be
represented at the consideration of the implementation of such provisions of the present
Convention as fall within the scope of their mandate. The Committee may invite the specialized
Volume 2515, I-44910
94
agencies and other competent bodies as it may consider appropriate to provide expert advice on
the implementation of the Convention in areas falling within the scope of their respective
mandates. The Committee may invite specialized agencies and other United Nations organs to
submit reports on the implementation of the Convention in areas falling within the scope of their
activities;
(b) The Committee, as it discharges its mandate, shall consult, as appropriate, other
relevant bodies instituted by international human rights treaties, with a view to ensuring the
consistency of their respective reporting guidelines, suggestions and general recommendations,
and avoiding duplication and overlap in the performance of their functions.
Article 39
Report of the Committee
The Committee shall report every two years to the General Assembly and to the
Economic and Social Council on its activities, and may make suggestions and general
recommendations based on the examination of reports and information received from the States
Parties. Such suggestions and general recommendations shall be included in the report of the
Committee together with comments, if any, from States Parties.
Article 40
Conference of States Parties
1. The States Parties shall meet regularly in a Conference of States Parties in order to
consider any matter with regard to the implementation of the present Convention.
2. No later than six months after the entry into force of the present Convention, the
Conference of States Parties shall be convened by the Secretary-General of the United Nations.
The subsequent meetings shall be convened by the Secretary-General biennially or upon the
decision of the Conference of States Parties.
Article 41
Depositary
The Secretary-General of the United Nations shall be the depositary of the present
Convention.
Article 42
Signature
The present Convention shall be open for signature by all States and by regional
integration organizations at United Nations Headquarters in New York as of30 March 2007.
Volume 2515, I-44910
95
Article 43
Consent to be bound
The present Convention shall be subject to ratification by signatory States and to formal
confirmation by signatory regional integration organizations. It shall be open for accession by
any State or regional integration organization which has not signed the Convention.
Article 44
Regional integration organizations
1. "Regional integration organization" shall mean an organization constituted by sovereign
States of a given region, to which its member States have transferred competence in respect of
matters governed by the present Convention. Such organizations shall declare, in their
instruments of formal confirmation or accession, the extent of their competence with respect to
matters governed by the present Convention. Subsequently, they shall inform the depositary of
any substantial modification in the extent of their competence.
2. References to "States Parties" in the present Convention shall apply to such organizations
within the limits of their competence.
3. For the purposes of article 45, paragraph 1, and article 4 7, paragraphs 2 and 3, of the
present Convention, any instrument deposited by a regional integration organization shall not be
counted.
4. Regional integration organizations, in matters within their competence, may exercise
their right to vote in the Conference of States Parties, with a number of votes equal to the
number of their member States that are Parties to the present Convention. Such an organization
shall not exercise its right to vote if any of its member States exercises its right, and vice versa.
Article 45
Entry into force
1. The present Convention shall enter into force on the thirtieth day after the deposit of the
twentieth instrument of ratification or accession.
2. For each State or regional integration organization ratifying, formally confirming or
acceding to the present Convention after the deposit of the twentieth such instrument, the
Convention shall enter into force on the thirtieth day after the deposit of its own such instrument.
Article 46
Reservations
1. Reservations incompatible with the object and purpose of the present Convention shall
not be permitted.
2. Reservations may be withdrawn at any time.
Volume 2515, I-44910
96
Article 47
Amendments
1. Any State Party may propose an amendment to the present Convention and submit it to
the Secretary-General of the United Nations. The Secretary-General shall communicate any
proposed amendments to States Parties, with a request to be notified whether they favour a
conference of States Parties for the purpose of considering and deciding upon the proposals. In
the event that, within four months from the date of such communication, at least one third of the
States Parties favour such a conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of
the States Parties present and voting shall be submitted by the Secretary-General to the General
Assembly of the United Nations for approval and thereafter to all States Parties for acceptance.
2. An amendment adopted and approved in accordance with paragraph 1 of this article shall
enter into force on the thirtieth day after the number of instruments of acceptance deposited
reaches two thirds of the number of States Parties at the date of adoption of the amendment.
Thereafter, the amendment shall enter into force for any State Party on the thirtieth day
following the deposit of its own instrument of acceptance. An amendment shall be binding only
on those States Parties which have accepted it.
3. If so decided by the Conference of States Parties by consensus, an amendment adopted
and approved in accordance with paragraph 1 of this article which relates exclusively to articles
34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after the number
of instruments of acceptance deposited reaches two thirds of the number of States Parties at the
date of adoption of the amendment.
Article 48
Denunciation
A State Party may denounce the present Convention by written notification to the
Secretary-General of the United Nations. The denunciation shall become effective one year after
the date of receipt of the notification by the Secretary-General.
Article 49
Accessible format
The text of the present Convention shall be made available in accessible formats.
Article 50
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of the present
Convention shall be equally authentic.
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Convention.
[See list of signatories after Spanish text.]
Volume 2518, A-44910
283
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF PERSONS WITH
DISABILITIES. NEW YORK, 13 DECEMBER
2006
PROTOCOLE FACULTATIF SE RAPPORTANT
À LA CONVENTION RELATIVE
AUX DROITS DES PERSONNES HANDICAPÉES.
NEW YORK, 13 DÉCEMBRE
2006
Entry into force: 3 May 2008, in accordance
with article 13(1)
Entrée en vigueur : 3 mai 2008, conformément
au paragraphe 1 de l'article 13
Authentic texts: Arabic, Chinese, English,
French, Russian and Spanish
Textes authentiques : arabe, chinois, anglais,
français, russe et espagnol
Registration with the Secretariat of the
United Nations: ex officio, 3 May 2008
Enregistrement auprès du Secrétariat
des Nations Unies : d'office, 3 mai
2008
Volume 2518, A-44910
296
[ ENGLISH TEXT – TEXTE ANGLAIS ]
OPTIONAL PROTOCOL TO THE CONVENTION ON THE
RIGHTS OF PERSONS WITH DISABILITIES
The States Parties to the present Protocol have agreed as follows:
Article 1
1. A State Party to the present Protocol ("State Party") recognizes the competence of the
Committee on the Rights of Persons with Disabilities ("the Committee") to receive and consider
communications from or on behalf of individuals or groups of individuals subject to its
jurisdiction who claim to be victims of a violation by that State Party of the provisions of the
Convention.
2. No communication shall be received by the Committee if it concerns a State Party to the
Convention that is not a party to the present Protocol.
Article 2
The Committee shall consider a communication inadmissible when:
(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of the Convention;
( c) The same matter has already been examined by the Committee or has been or is
being examined under another procedure of international investigation or settlement;
( d) All available domestic remedies have not been exhausted. This shall not be the
rule where the application of the remedies is unreasonably prolonged or unlikely to bring
effective relief;
(e) It is manifestly ill-founded or not sufficiently substantiated; or when
(f) The facts that are the subject of the communication occurred prior to the entry
into force of the present Protocol for the State Party concerned unless those facts continued after
that date.
Article 3
Subject to the provisions of article 2 of the present Protocol, the Committee shall bring
any communications submitted to it confidentially to the attention of the State Party. Within six
months, the receiving State shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been taken by that State.
Article 4
1. At any time after the receipt of a communication and before a determination on the merits
Volume 2518, A-44910
297
has been reached, the Committee may transmit to the State Party concerned for its urgent
consideration a request that the State Party take such interim measures as may be necessary to
avoid possible irreparable damage to the victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of this article, this does
not imply a determination on admissibility or on the merits of the communication.
Article 5
The Committee shall hold closed meetings when examining communications under the
present Protocol. After examining a communication, the Committee shall forward its suggestions
and recommendations, if any, to the State Party concerned and to the petitioner.
Article 6
1. If the Committee receives reliable information indicating grave or systematic violations
by a State Party of rights set forth in the Convention, the Committee shall invite that State Party
to cooperate in the examination of the information and to this end submit observations with
regard to the information concerned.
2. Taking into account any observations that may have been submitted by the State Party
concerned as well as any other reliable information available to it, the Committee may designate
one or more of its members to conduct an inquiry and to report urgently to the Committee.
Where warranted and with the consent of the State Party, the inquiry may include a visit to its
territory.
3. After examining the findings of such an inquiry, the Committee shall transmit these
findings to the State Party concerned together with any comments and recommendations.
4. The State Party concerned shall, within six months of receiving the findings, comments
and recommendations transmitted by the Committee, submit its observations to the Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party
shall be sought at all stages of the proceedings.
Article 7
1. The Committee may invite the State Party concerned to include in its report under article
35 of the Convention details of any measures taken in response to an inquiry conducted under
article 6 of the present Protocol.
2. The Committee may, if necessary, after the end of the period of six months referred to in
article 6, paragraph 4, invite the State Party concerned to inform it of the measures taken in
response to such an inquiry.
Volume 2518, A-44910
298
Article 8
Each State Party may, at the time of signature or ratification of the present Protocol or
accession thereto, declare that it does not recognize the competence of the Committee provided
for in articles 6 and 7.
Article 9
The Secretary-General of the United Nations shall be the depositary of the present
Protocol.
Article 10
The present Protocol shall be open for signature by signatory States and regional
integration organizations of the Convention at United Nations Headquarters in New York as of
30 March 2007.
Article 11
The present Protocol shall be subject to ratification by signatory States of the present
Protocol which have ratified or acceded to the Convention. It shall be subject to formal
confirmation by signatory regional integration organizations of the present Protocol which have
formally confirmed or acceded to the Convention. It shall be open for accession by any State or
regional integration organization which has ratified, formally confirmed or acceded to the
Convention and which has not signed the Protocol.
Article 12
1. "Regional integration organization" shall mean an organization constituted by sovereign
States of a given region, to which its member States have transferred competence in respect of
matters governed by the Convention and the present Protocol. Such organizations shall declare,
in their instruments of formal confirmation or accession, the extent of their competence with
respect to matters governed by the Convention and the present Protocol. Subsequently, they shall
inform the depositary of any substantial modification in the extent of their competence.
2. References to "States Parties" in the present Protocol shall apply to such organizations
within the limits of their competence.
3. For the purposes of article 13, paragraph 1, and article 15, paragraph 2, of the present
Protocol, any instrument deposited by a regional integration organization shall not be counted.
4. Regional integration organizations, in matters within their competence, may exercise
their right to vote in the meeting of States Parties, with a number of votes equal to the number of
their member States that are Parties to the present Protocol. Such an organization shall not
exercise its right to vote if any of its member States exercises its right, and vice versa.
Volume 2518, A-44910
299
Article 13
1. Subject to the entry into force of the Convention, the present Protocol shall enter into
force on the thirtieth day after the deposit of the tenth instrument of ratification or accession.
2. For each State or regional integration organization ratifying, formally confirming or
acceding to the present Protocol after the deposit of the tenth such instrument, the Protocol shall
enter into force on the thirtieth day after the deposit of its own such instrument.
Article 14
1. Reservations incompatible with the object and purpose of the present Protocol shall not
be permitted.
2. Reservations may be withdrawn at any time.
Article 15
1. Any State Party may propose an amendment to the present Protocol and submit it to the
Secretary-General of the United Nations. The Secretary-General shall communicate any
proposed amendments to States Parties, with a request to be notified whether they favour a
meeting of States Parties for the purpose of considering and deciding upon the proposals. In the
event that, within four months from the date of such communication, at least one third of the
States Parties favour such a meeting, the Secretary-General shall convene the meeting under the .
auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States
Parties present and voting shall be submitted by the Secretary-General to the General Assembly
of the United Nations for approval and thereafter to all States Parties for acceptance.
2. An amendment adopted and approved in accordance with paragraph 1 of this article shall
enter into force on the thirtieth day after the number of instruments of acceptance deposited
reaches two thirds of the number of States Parties at the date of adoption of the amendment.
Thereafter, the amendment shall enter into force for any State Party on the thirtieth day
following the deposit of its own instrument of acceptance. An amendment shall be binding only
on those States Parties which have accepted it.
Article 16
A State Party may denounce the present Protocol by written notification to the
Secretary-General of the United Nations. The denunciation shall become effective one year after
the date of receipt of the notification by the Secretary-General.
Article 17
The text of the present Protocol shall be made available in accessible formats.
Article 18
The Arabic, Chinese, English, French, Russian and Spanish texts of the present Protocol
Volume 2518, A-44910
300
shall be equally authentic.
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Protocol.
[See list of signatories after Spanish text.]
Convention on the of the child. the General
Registered ex officio on 2 September MULTILATERAL
l'enfant. Adoptee rAssemblee
ge'nerale Textes authentiques arabe, chinois, anglais, frangais, russe et espagnol.
Enregistrde 1577, No. 27531
MULTILATERAL
Convention on the rights of the child. Adopted by the General
Assembly of the United Nations on 20 November 1989
Authentic texts: Arabic, Chinese, English, French, Russian and Spanish.
Registered ex officio on 2 September 1990.
MULTILAT~RAL
Convention relative aux droits de lenfant. Adopt~e par lAssembl~
e g~n~rale des Nations Unies le 20 novembre 1989
Textes authentiques : arabe, chinois, anglais, fran~ais, russe et espagnol.
Enregistr~e d'office le 2 septembre 1990.
Vol. 1-27531
- a - Traitks
THE RIGHTS OF THE inalienable rights of all members of the human family is the foundation of freedom,
justice and peace in the reaffirmed their faith in fundamental human rights and in the dignity and worth of
standards
I 1990, 1 e, Secretary-
General instrument ratification Date of deposit Date of deposit
of the instrument of the instrument
of ratification of ratification
State or accession (a) State or accession (a)
.................................. See* .................................... ........................ 2 May ...................... Bhutan ........................................... . 1 A ugust M auritius* ...................................... (a)
.......................... ....................................... Ecuador ........................................... Nevis .......... ........................................ .. ..................... 31 July .................. 10 ................. Ghana ....................... ....... . .............. Guatemala ..................... ........................ 1 ............................ (a) .......... ............. Nations article of deposit
of of rattfication
accession (a)
Benin ..................................................... ............................................... C hile ............................................................. A ugust ......................... ..................................................... 1990 )
G am bia ......................................................... A ugust the instrument
of ratification
State or (a)
Guinea ......................................... 19 H onduras .................................................... 10 A ugust .................................................. ... ..................................................... A ugust U ganda ........................................................ A ugust 1990
Socialist Republics . 16 (With effect from 15 September 1990.)
For other actions registered subsequently and published in this volume, 441.
* See p. 168 of this volume for the texts of the reservations and declarations made upon ratification or
1577,1 -27531
44 United Nations Treaty Series • Nations Unies Recueil des Trait~s
CONVENTION' ON THE RIGHTS OF THE CHILD
1990
PREAMBLE
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
world,
Bearing in mind that the peoples of the United Nations have, in the Charter,
the human person, and have determined to promote social progress and better standards
of life in larger freedom,
1 Came into force on 2 September I 990, 1 e , the thirtieth day following the date of deposit with the SecretaryGeneral
of the United Nations of the twentieth Instrument of ratificaton or accession, in accordance with article 49 (1):
Date of deposut Dare of deposu
of of ratificanon
accesson(a) (a)
Bangladesh* 3 August 1990 Holy See*... . . 20 April 1990
Belize 2May 1990 Kenya 30 July 1990
Bhutan............................................ I August 1990 Mauritius• 26 July 1990 a)
Bolivia 26 June 1990 Mongolia 5 July 1990
Ecuador..................as........o........ 23 March 1990 Saint Kitts and Nevis.................... 24 July 1990
Egypt* 6 July 1990 Senegal 31July 1990
El Salvador IO July 1990 Sierra Leone 18 June 1990
Ghana............................................... 5 February 1990 Sweden 29 June 1990
Guatemala............................... 6 June 1990 Togo .. I August 1990
Guinea 13 July 1990 (a) Viet Nam 28 February 1990
Subsequently, the Convention entered into force in respect of the following States on the thirtieth day after the
deposit with the Secretary General of the United Natons of the instrument of ratification or accession, in accordance
with arucle 49 (2):
Date deposut Date of deposit
the instrument
of rafication State or accession(a) accession (a)
Benin............ 3 August 1990
Gmnea Bissau 20 August 1990
(With effect from 2 September 1990.)
(With effect from I9 September 1990.)
Burkina Faso 31 August 1990
Honduras IO August 1990
(With effect from 30 September 1990.)
(With effect from 9 September 1990.)
Chile............................................................. 13 August 1990
Philippines 21 August 1990
(With effect from 12 September 1990.)
(With effect from 20 September 1990.)
Costa Rica 21 August 1990
Sudan 3 August 1990
(With effect from 20 September 1990.)
(With effect from 2 September 1990.)
France* .. 7 August 1990
Uganda 17 August I 990
(With effect from 6 September 1990) (With effect from 16 September 1990.)
Gambia.................................................... 8 August 1990
Union of Soviet Socalist Republics........ I6 August 1990
(With effect from 7 September 1990.)
For other actons registered subsequently and published 1n this volume, see p. 441.
See p. 168 of this volume for the texts of the reservations and declarations made upon ratification or
accession
Vol 1577, 1-27531
- * Nations Unies - Recueil des Traitks
Rights' Rights,2, 3 language, Nations has proclaimed that childhood is entitled to special care and assistance,
children,
happiness,
19244 November
19595 Rights 3 Rights2 6 7 Emergency
Conflict, 8
exceptionally
difficult conditions, and that such children need special consideration,
I Third Part 2 See "International Covenant on Economic, Social and Cultural Rights" adopted by the General Assembly of the
3 See "International Covenant Rights" Series, 171 prochs-4 League of Nations, Official 5 Official (A/4354),
Ibid., Forty-first Session, Supplement 7 Ibid., Fortieth Session, Supplement Ibid, Session, 963 1), Vol. 1577, 1-27531
1990 United Nations Treaty Series • Trait~s 45
Recognizing that the United Nations has, in the Universal Declaration of
Human Rights1 and in the International Covenants on Human 2• 3 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, langnage, 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 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,
Bearing in mind that the need to extend particular care to the child has been
stated in the Geneva Declaration of 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
and recognized in the Universal Declaration of Human Rights, in the
International Covenant on Civil and Political Rights3 (in particular in articles 23
and 24), in the International Covenant on Economic, Social and Cultural Rights2 (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; 6 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 8
Recognizing that, in all countries in the world, there are children living in exceptionally
difficult conditions, and that such children need special consideration,
' United Nations, Official Records of the General Assembly, Thurd Session, Pan I, p. 71.
See "International Covenant on Economic, Social and Cultural Rights" adopted by the General Assembly of tbe
United Nations on 16 December 1966 in United Nations, Treaty Series, vol. 993, p. 3.
3 on Civil and Political adopted by the General Assembly of the United
Nations on 16 December 1966 in United Nations, Treaty Senes, vol. 999, p. I71 and vol. 1057, p. 407 (proc~s-verbal of
rectification of the authentic Spanish text).
League Journal, Special Supplement No. 21, October 1924, p. 42-43.
5 United Nations, Records of the General Assembly, Fourteenth Session, Supplement No. 16 (A/4354),
p. 19.
6 Jbid., first No. 53 (A/41/53), p. 265.
Fonieth No. 53 (A/40/53), p. 206.
8 Ibid., Twenty-ninth Sesson, Supplement No. 31 (A/9631), p. 146.
Vol, 1577, 1-27531
- Treaty 9 - Recueil the
I
majority
religion, status.
responsible
the number and suitability of their staff, as well as competent supervision.
Convention.
Vol 1577, 1-27531
46 United Nations Treaty Series • Nations Unies Recueil des Trait~s
1990
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. 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 egally 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
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.
United Nations - Treaty Series * Nations Unies - Recueil 47
instruments
separation
interested
Vol 1577, 1-27531
1990 -- • des Trait~s 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 speedily re-establishing 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.
3. States Parties shall respect the right of the child who is separated from one
or both parents to maintain personal relations and direct contact with both parents
on a regular basis, except if it is contrary to the child's best interests.
4. Where such separation results from any action initiated by a State Party,
such as the detention, imprisonment, exile, deportation or death (including death
arising from any cause while the person is in the custody of the State) of one or both
parents or of the child, that State Party shall, upon request, provide the parents, the
48 - e - Traitis provision
Article 10
paragraph
maintain
1, nonreturn
multilateral
agreements or accession to existing 1. maturity
(a) Vol 1577, 1-27531
United Nations Treaty Series • Nations Unies Recueil des Trait~s 1990
child or, if appropriate, another member of the family with the essential information
concerning the whereabouts of the absent member(s) of the family unless the provision
of the information would be detrimental to the well-being of the child. States
Parties shall further ensure that the submission of such a request shall of itself entail
no adverse consequences for the person(s) concerned.
JO
1. In accordance with the obligation of States Parties under article 9, paragraph
1, applications by a child or his or her parents to enter or leave a State Party
for the purpose of family reunification shall be dealt with by States Parties in a
positive, humane and expeditious manner. States Parties shall further ensure that the
submission of such a request shall entail no adverse consequences for the applicants
and for the members of their family.
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 I, 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 11
1. States Parties shall take measures to combat the illicit transfer and nonreturn
of children abroad.
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral
agreements or accession to existing agreements.
Article 12
I. States Parties shall assure to the child who is capable of forming his or her
own views the right to express those views freely in all matters affecting the child,
the views of the child being given due weight in accordance with the age and maturity
of the child.
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
1. The child shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or
through any other media of the child's choice.
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:
For respect of the rights or reputations of others; or
vol 27531
1990 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 49
(b) For the protection of national security or of public order (ordre public), or
of public health or morals.
Article 14
1. States Parties shall respect the right of the child to freedom of thought,
conscience and religion.
2. States Parties shall respect the rights and duties of the parents and, when
applicable, legal guardians, to provide direction to the child in the exercise of his or
her right in a manner consistent with the evolving capacities of the child.
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
1. States Parties recognize the rights of the child to freedom of association and
to freedom of peaceful assembly.
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
1. No child shall be subjected to arbitrary or unlawful interference with his or
her privacy, family, home or correspondence, nor to unlawful attacks on his or her
honour and reputation.
2. The child has the right to the protection of the law against such interference
or attacks.
Article 17
States Parties recognize the important function performed by the mass media
and shall ensure that the child has access to information and material from a diversity
of national and international sources, especially those aimed at the promotion
of his or her social, spiritual and moral well-being and physical and mental health.
To this end, States Parties shall:
(a) Encourage the mass media to disseminate information and material of
social and cultural benefit to the child and in accordance with the spirit of article 29;
(b) Encourage international co-operation in the production, exchange and dissemination
of such information and material from a diversity of cultural, national
and international sources;
(c) Encourage the production and dissemination of children's books;
(d) Encourage the mass media to have particular regard to the linguistic needs
of the child who belongs to a minority group or who is indigenous;
(e) Encourage the development of appropriate guidelines for the protection of
the child from information and material injurious to his or her well-being, bearing in
mind the provisions of articles 13 and 18.
Vol. 1577, 1-27531
1990 United Nations -Treaty Series • Nations Unies -Recueil des Trait~s 49
(b) For the protection of national security or of public order (ordre public), or
of public health or morals.
Article 14
1. States Parties shall respect the right of the child to freedom of thought,
conscience and religion.
2. States Parties shall respect the rights and duties of the parents and, when
applicable, legal guardians, to provide direction to the child in the exercise of his or
her right in a manner consistent with the evolving capacities of the child.
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
1. States Parties recognize the rights of the child to freedom of association and
to freedom of peaceful assembly.
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
1. No child shall be subjected to arbitrary or unlawful interference with his or
her privacy, family, home or correspondence, nor to unlawful attacks on his or her
honour and reputation.
2. The child has the right to the protection of the law against such interference
or attacks.
Article 17
States Parties recognize the important function performed by the mass media
and shall ensure that the child has access to information and material from a diversity
of national and international sources, especially those aimed at the promotion
of his or her social, spiritual and moral well-being and physical and mental health.
To this end, States Parties shall:
(a) Encourage the mass media to disseminate information and material of
social and cultural benefit to the child and in accordance with the spirit of article 29;
(b) Encourage international co-operation in the production, exchange and dissemination
of such information and material from a diversity of cultural, national
and international sources;
(c) Encourage the production and dissemination of children's books;
(d) Encourage the mass media to have particular regard to the linguistic needs
of the child who belongs to a minority group or who is indigenous;
(e) Encourage the development of appropriate guidelines for the protection of
the child from information and material injurious to his or her well-being, bearing in
mind the provisions of articles 13 and 18.
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50 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 1990
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle
that both parents have common responsibilities for the upbringing and development
of the child. Parents or, as the case may be, legal guardians, have the primary
responsibility for the upbringing and development of the child. The best interests of
the child will be their basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in the
present Convention, States Parties shall render appropriate assistance to parents
and legal guardians in the performance of their child-rearing responsibilities and
shall ensure the development of institutions, facilities and services for the care of
children.
3. States Parties shall take all appropriate measures to ensure that children of
working parents have the right to benefit from child-care services and facilities for
which they are eligible.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social
and educational mesures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual abuse, while in the care of parent(s), legal guardian(s) or any
other person who has the care of the child.
2. Such protective mesures should, as appropriate, include effective procedures
for the establishment of social programmes to provide necessary support for
the child and for those who have the care of the child, as well as for other forms of
prevention and for identification, reporting, referral, investigation, treatment and
follow-up of instances of child maltreatment described heretofore, and, as appropriate,
for judicial involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family environment,
or in whose own best interests cannot be allowed to remain in that environment,
shall be entitled to special protection and assitance provided by the State.
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
States Parties that recognize and/or permit the system of adoption shall ensure
that the best interests of the child shall be the paramount consideration and they
shall:
(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
Vol. 1577, 1-27531
so United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1990
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle
that both parents have common responsibilities for the upbringing and development
of the child. Parents or, as the case may be, legal guardians, have the primary
responsibility for the upbringing and development of the child. The best interests of
the child will be their basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in the
present Convention, States Parties shall render appropriate assistance to parents
and legal guardians in the performance of their child-rearing responsibilities and
shall ensure the development of institutions, facilities and services for the care of
children.
3. States Parties shall take all appropriate measures to ensure that children of
working parents have the right to benefit from child-care services and facilities for
which they are eligible.
Article 19
l. States Parties shall take all appropriate legislative, administrative, social
and educational mesures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual abuse, while in the care of parent(s), legal guardian(s) or any
other person who has the care of the child.
2. Such protective mesures should, as appropriate, include effective procedures
for the establishment of social programmes to provide necessary support for
the child and for those who have the care of the child, as well as for other forms of
prevention and for identification, reporting, referral, investigation, treatment and
follow-up of instances of child maltreatment described heretofore, and, as appropriate,
for judicial involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family environment,
or in whose own best interests cannot be allowed to remain in that environment,
shall be entitled to special protection and assitance provided by the State.
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
States Parties that recognize and/or permit the system of adoption shall ensure
that the best interests of the child shall be the paramount consideration and they
shall:
(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
Vol, 1577, 1-27531
1990 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 51
(b) safeguards
(d) not result in improper financial gain for those involved in it;
(e) concluding
who is
humanitarian
intergovernmental
1. encourage eligible
application
circumstances
rehabilita-
Vol. • -- Trait~s 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;
Recognize that inter-country adoption may be considered as an alternative
means of child's care, if the child cannot be placed in a foster or an adoptive family
or cannot in any suitable manner be cared for in the child's country of origin;
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards
and standards equivalent to those existing in the case of national adoption;
d) Take all appropriate measures to ensure that, in inter-country adoption, the
placement does not result in improper financial gain for those involved in it;
Promote, where appropriate, the objectives of the present article by concluding
bilateral or multilateral arrangements or agreements, and endeavour, within
this framework, to ensure that the placement of the child in another country is
carried out by competent authorities or organs.
Article 22
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.
2. For this purpose, States Parties shall provide, as they consider appropriate,
co-operation in any efforts by the United Nations and other competent intergovernmental
organizations or non-governmental organizations co-operating with the
United Nations to protect and assist such a child and to trace the parents or other
members of the family of any refugee child in order to obtain information necessary
for reunification with his or her family. In cases where no parents or other members
of the family can be found, the child shall be accorded the same protection as any
other child permanently or temporarily deprived of his or her family environment
for any reason, as set forth in the present Convention.
Article 23
I. States Parties recognize that a mentally or physically disabled child should
enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance
and facilitate the child's active participation in the community.
2. States Parties recognize the right of the disabled child to special care and
shall and ensure the extension, subject to available resources, to the eligible
child and those responsible for his or her care, of assistance for which application
is made and which is appropriate to the child's condition and to the circumstances
of the parents or others caring for the child.
3. Recognizing the special needs of a disabled child, assistance extended in
accordance with paragraph 2 of the present article shall be provided free of charge,
whenever possible, taking into account the financial resources of the parents or
others caring for the child, and shall be designed to ensure that the disabled child has
effective access to and receives education, training, health care services, rehabilitaVol.
1577, 1-27531
52 Treaty * Recueil Trait6s 1990
individual
dissemination
education
1. highest
2. States Parties shall pursue full implementation of this right and, in particular,
technology
drinkingwater,
d) environmental
(f) operation
recognized
competent
physical
Vol 1577. 1-27531
United Nations - Treaty Series • Nations Unies - Recueil des Trait~s tion services, preparation for empoyment and recreation opportunities in a manner
conducive to the child's achieving the fullest possible social integration and individual
development, including his or her cultural and spiritual development.
4. States Parties shall promote, in the spirit of international co-operation, the
exchange of appropriate information in the field of preventive health care and of
medical, psychological and functional treatment of disabled children, including dissemination
of and access to information concerning methods of rehabilitation, education
and vocational services, with the aim of enabling States Parties to improve
their capabilities and skills and to widen their experience in these areas. In this
regard, particular account shall be taken of the needs of developing countries.
Article 24
l. States Parties recognize the right of the child to the enjoyment of the highest
attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is deprived
of his or her right of access to such health care services.
2. States Parties shall pursue full implementation of this right and, in particular,
shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance and health care to
all children with emphasis on the development of primary health care;
(c) To combat disease and malnutrition, including within the framework of
primary health care, through, inter alia, the application of readily available technology
and through the provision of adequate nutritious foods and clean drinkingwater,
taking into consideration the dangers and risks of environmental pollution;
(cf) To ensure appropriate pre-natal and post-natal health care for mothers;
(e) To ensure that all segments of society, in particular parents and children, are
informed, have access to education and are supported in the use of basic knowledge
of child health and nutrition, the advantages of breast-feeding, hygiene and environmental
sanitation and the prevention of accidents;
if) To develop preventive health care, guidance for parents and family planning
education and services.
3. States Parties shall take all effective and appropriate measures with a view
to abolishing traditional practices prejudicial to the health of children.
4. States Parties undertake to promote and encourage international co-operation
with a view to achieving progressively the full realization of the right recognized
in the present article. In this regard, particular account shall be taken of the
needs of developing countries.
Article 25
States Parties recognize the right of a child who has been placed by the competent
authorities for the purposes of care, protection or treatment of his or her physical
or mental health, to a periodic review of the treatment provided to the child and
all other circumstances relevant to his or her placement.
1577, 27531
- Series * Unies - s
1. States Parties shall recognize for every child the to security, including social insurance, and shall take the necessary measures to
achieve the full realization of this right in accordance with their national law.
2. The benefits should, where appropriate, be resources and the circumstances of the child and persons having responsibility for
the maintenance of the child, as well as any other consideration relevant to an application
for benefits made by or on behalf of the child.
Article 27
States Parties adequate
for the child's physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsability
to secure, within their abilities and financial necessary 3. States Parties, in accordance with national means, shall take appropriate measures to assist parents the child to implement this right and shall in case of need provide material assistance
and support programmes, particularly with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures maintenance for the child from the parents or other persons responsibility
for the child, both within the State Party and from abroad. In particular,
lives different
agreements or the conclusion of such agreements, as well as the making of other
appropriate arrangements.
1. to this in (a) the education
(c) Make education (d) accessible to all children;
Take measures to encourage attendance at schools reduction
is administered in a manner consistent with Vol. 1577. 1-27531
1990 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 53
Article 26
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.
2. The benefits should, where appropriate, be granted, taking into account the
resources and the circumstances of the child and persons having responsibility for
the maintenance of the child, as well as any other consideration relevant to an application
for benefits made by or on behalf of the child.
Article 27
1. States Parties recognize the right of every child to a standard of living adequate
for the child's physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsability
to secure, within their abilities and financial capacities, the conditions of
living necessary for the child's development.
3. States Parties, in accordance with national conditions and within their
means, shall take appropriate measures to assist parents and others responsible for
the child to implement this right and shall in case of need provide material assistance
and support programmes, particularly with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial responsibility
for the child, both within the State Party and from abroad. In particular,
where the person having financial responsibility for the child Jives in a State different
from that of the child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the making of other
appropriate arrangements.
Article 28
l. States Parties recognize the right of the child to education, and with a view
to achieving this right progressively and on the basis of equal opportunity, they shall,
in particular:
Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education,
including general and vocational education, make them available and accessible to
every child, and take appropriate measures such as the introduction of free education
and offering financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every
appropriate means;
Make educational and vocational information and guidance available and
accessible to all children;
(e) Take measures to encourage regular attendance at schools and the reduction
of drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school
discipline is administered in a manner consistent with the child's human dignity and
in conformity with the present Convention.
vol. 1577,
United - * - 3. States Parties shall and encourage international matters relating to education, in particular with a view to contributing to the elimination
of ignorance and illiteracy throughout the world and facilitating scientific and technical knowledge and modem teaching methods. In this regard,
particular account shall be taken of the needs of developing countries.
Article 29
1. States Parties agree that the education of the child (a) The development of the child's personality, talents abilities to their fullest potential;
(b) The development of respect and for the principles enshrined in the Charter of the United Nations;
(c) The development of for the child's identity, and values, child is living, the country from which he or she may originate, and for civilizations
different from his or her own;
(d) The preparation of the child for responsible life in a free society, in the spirit
of understanding, peace, tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous origin;
The development of respect 2. No part of the present article interfere
with the liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance paragraph
1 such institutions shall conform to such minimum standards as may be laid down by
the State.
Article 30
In those indigenous origin exist, a child shall not be denied the right, in community with other members of to enjoy his or her own culture, to profess and practise his or her own religion, or to
use his or her own language.
1. States Parties in play and recreational activities appropriate to the of participate
in cultural and artistic Article 32
1. exploitation and from performing any work that is to be hazardous interfere with the child's 54 United Nations Treaty Series • Nations Unies Recueil des Trait~s
11999900
3. States Parties shall promote and encourage international co-operation in
matters relating to education, in particular with a view to contributing to the elimination
of ignorance and illiteracy throughout the world and facilitating access to
scientific and technical knowledge and modem teaching methods. In this regard,
particular account shall be taken of the needs of developing countries.
Article 29
1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical
abilities to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms,
and for the principles enshrined in the Charter of the United Nations;
(c) The development of respect for the child's parents, his or her own cultural
identity, language and values, for the national values of the country in which the
child is living, the country from which he or she may originate, and for civilizations
different from his or her own;
(d) The preparation of the child for responsible life in a free society, in the spirit
of understanding, peace, tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous origin;
(e) The development of respect for the natural environment.
2. No part of the present article or article 28 shall be construed so as to interfere
with the liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principles set forth in paragraph
I of the present article and to the requirements that the education given in
such institutions shall conform to such minimum standards as may be laid down by
the State.
Article 30
In those States in which ethnic, religious or linguistic minorities or persons of
indigenous origin exist, a child belonging to such a minority or who is indigenous
shall not be denied the right, in community with other members of his or her group,
to enjoy his or her own culture, to profess and practise his or her own religion, or to
use his or her own language.
Article 31
l. States Parties recognize the right of the child to rest and leisure, to engage
in play and recreational activities appropriate to the age of the child and to participate
freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to participate
fully in cultural and artistic life and shall encourage the provision of appropriate and
equal opportunities for cultural, artistic, recreational and leisure activity.
Article 32
l. States Parties recognize the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to
interfere with the child's education, or to be harmful to the child's health or physical,
mental, spiritual, moral or social development.
Vol 1577, 1-27531
1990 United Nations - * - s 55
(a) (b) employment;
enforcement of the article.
administrative,
exploitation
to (a) (b) materials.
measures
of the child's welfare.
(a) (b) Vol. Treaty Series • Nations Unies Recueil des Trait~s 55
2. States Parties shall take legislative, administrative, social and educational
measures to ensure the implementation of the present article. To this end, and having
regard to the relevant provisions of other international instruments, States Parties
shall in particular:
Provide for a minimum age or minimum ages for admission to employment;
Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective
enforcement of the present article.
Article 33
States Parties shall take all appropriate measures, including legislative, administrative,
social and educational measures, to protect children from the illicit use of
narcotic drugs and psychotropic substances as defined in the relevant international
treaties, and to prevent te use of children in the illicit production and trafficking of
such substances.
Article 34
States Parties undertake to protect the child from all forms of sexual exploitation
and sexual abuse. For these purposes, States Parties shall in particular take all
appropriate national, bilateral and multilateral measures to prevent:
The inducement or coercion of a child to engage in any unlawful sexual
activity;
The exploitative use of children in prostitution or other unlawful sexual
practices;
(c) The exploitative use of children in pornographic performances and materials.
Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures
to prevent the abduction of, the sale of or traffic in children for any purpose or
in any form.
Article 36
States Parties shall protect the child against all other forms of exploitation
prejudicial to any aspects of the child's welfare.
Article 37
States Parties shall ensure that:
No child shall be subjected to torture or other cruel, inhuman or degrading
treatment or punishment. Neither capital punishment nor life imprisonment without
possibility of release shall be imposed for offences committed by persons below
eighteen years of age;
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;
vol. 1577, 1-27531
Nations - * - Traites
(c) Every child deprived of shall be treated with humanity and respect
for the inherent dignity of the human person, and in a manner which takes into
account the needs of persons of his or her In particular, every child deprived of
liberty shall be separated from adults unless it is considered in the child's best
interest not to do so and shall have the to maintain contact with his or her
Every child deprived of his or her liberty shall have the right to legality of the deprivation of his or her independent and impartial authority, and to a decision on any such action.
States Parties undertake to respect and to ensure respect for rules of international
humanitarian to the child.
have not attained the age of fifteen years do not take a direct part in hostilities.
3. the age of fifteen years into their armed forces. In among those persons
4. In accordance with their under international humanitarian law
feasible measures to ensure protection and care of children who are affected by an
armed conflict.
degrading
treatment or punishment; or armed conflicts. Such and reintegration
with the takes into account the child's and the of the child's reintegration
and the child's assuming a constructive role in society.
instruments, States Parties shall, in particular, ensure that:
No child shall be alleged as, be accused of, or as having infringed
the penal law by reason of acts or omissions that were not prohibited by national 27531
56 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1990
(c) Every child deprived of liberty shall be treated with humanity and respect
for the inherent dignity of the human person, and in a manner which takes into
account the needs of persons of his or her age. In particular, every child deprived of
liberty shall be separated from adults unless it is considered in the child's best
interest not to do so and shall have the right to maintain contact with his or her
family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt
access to legal and other appropriate assistance, as well as the right to challenge the
legality of the deprivation of his or her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on any such action.
Article 38
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.
2. States Parties shall take all feasible mesures 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;
Vol. 1577, 1-27531
1990 United Nations - Treaty Series - Nations Unies - Recueil des Traitis 57
(b) in (a) presumed
(b) children
(a) 1577, -- • Trait~s 57
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:
The establishment of a minimum age below which children shall be presumed
not to have the capacity to infringe the penal law;
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:
The law of a State Party; or
(b) International law in force for that State.
Vol. 1577. 1-27531
58 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 1990
Article 42
Convention
1. Secretary-
General subsequently
indicating
Chairman
of the meeting.
Com-
Vol 1577. Treaty • Trait~s PART II
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
l. 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 SecretaryGeneral
of the United Nations shall address a letter to States Parties inviting them
to submit their nominations within two months. The Secretary-General shall subsequently
prepare a list in alphabetical order of all persons thus nominated, indicating
States Parties which have nominated them, and shall submit it to the States
Parties to the present Convention.
5. The elections shall be held at meetings of States Parties convened by the
Secretary-General at United Nations Headquarters. At those meetings, for which
two thirds of States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an absolute
majority of the votes of the representatives of States Parties present and voting.
6. The members of the Committee shall be elected for a term of four years.
They shall be eligible for re-election if renominated. The term of five of the members
elected at the first election shall expire at the end of two years; immediately after the
first election, the names of these five members shall be chosen by lot by the Chairman
7. If a member of the Committee dies or resigns or declares that for any other
cause he or she can no longer perform the duties of the Committee, the State Party
which nominated the member shall appoint another expert from among its nationals
to serve for the remainder of the term, subject to the approval of the Committee.
8. The Committee shall establish its own rules of procedure.
9. The Committee shall elect its officers for a period of two years.
10. The meetings of the Committee shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Committee. The
Committee shall normally meet annually. The duration of the meetings of the ComVol
1577, 1-27531
- * - Traitks
Committee
may decide.
Secretary-
Party concerned;
difficulties,
Committee
Convention
3. A State Party which has submitted a comprehensive initial report to the
paragraph
4. The Committee may request from States Parties further information relevant
5. The Committee shall submit to the General Assembly, through the Economic
6. States own countries.
encourage
invite the specialized agencies, 11999900 United Nations Treaty Series • Nations Unies Recueil des Trait~s 59
mittee shall be determined, and reviewed, if necessary, by a meeting of the States
Parties to the present Convention, subject to the approval of the General Assembly.
11. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the Committee
under the present Convention.
12. With the approval of the General Assembly, the members of the Committee
established under the present Convention shall receive emoluments from United
Nations resources on such terms and conditions as the Assembly may decide.
Article 44
1. States Parties undertake to submit to the Committee, through the Secretary-
General of the United Nations, reports on the measures they have adopted
which give effect to the rights recognized herein and on the progress made on the
enjoyment of those rights:
(a) Within two years of the entry into force of the Convention for the State
Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate factors and difficulties,
if any, affecting the degree of fulfilment of the obligations under the present
Convention. Reports shall also contain sufficient information to provide the Committee
with a comprehensive understanding of the implementation of the Convention
in the country concerned.
Committee need not, in its subsequent reports submitted in accordance with paragraph
1 (b) of the present article, repeat basic information previously provided.
relevant
to the implementtion of the Convention.
Economic
and Social Council, every two years, reports on its activities.
Parties shall make their reports widely available to the public in their
own countries.
Article 45
In order to foster the effective implementation of the Convention and to encourage
international co-operation in the field covered by the Convention:
(a) The specialized agencies, the United Nations Children's Fund, and other
United Nations organs shall be entitled to be represented at the consideration of
the implementation of such provisions of the present Convention as fall within the
scope of their mandate. The Committee may invite the specialized agencies, the
United Nations Children's Fund and other competent bodies as it may consider
appropriate to provide expert advice on the implementation of the Convention in
areas falling within the scope of their respective mandates. The Committee may
the United Nations Children's Fund, and other
United Nations organs to submit reports on the implementation of the Convention
in areas falling within the scope of their activities;
Vol. 1577, 1-27531
Nations - Series * Recueil Trait(s
The Committee shall transmit, as it may consider appropriate, to the specialized
agencies, the United Nations Children's Fund and other competent bodies,
any reports from States Parties that contain a request, or indicate a need, for technical
advice or assistance, along with the Committee's observations and if on (c) The Committee may recommend to the General Secretary-General to undertake on its behalf studies on specific issues relating to the
rights of the child;
(d) The Committee may make suggestions on information received pursuant to articles 44 and 45 of the Convention.
Such suggestions and general recommendations shall be transmitted Party concerned and reported to the General Assembly, together with comments, if
any, from States Parties.
PART Article 46
The present Convention shall be shall be deposited with the Secretary-General of the United Nations.
United Nations.
Article 49
1. following
twentieth 2. the twentieth instrument of ratification or accession, the force on the thirtieth day after ratification
1. Secretary-
General of the United Nations. The Secretary-General communicate
the proposed amendment to States Parties, with a request that they indicate
and voting upon the proposals. In the event that, within of such communication, at least one third of the States Parties favour such a conference,
the Secretary-General the Vol 1577,1 -27531
60 United Nations - Treaty Series • Nations Unies - Recneil des Trait~s 1990
(b) The Committee shall transmit, as it may consider appropriate, to the specialized
agencies, the United Nations Children's Fund and other competent bodies,
any reports from States Parties that contain a request, or indicate a need, for technical
advice or assistance, along with the Committee's observations and suggestions,
if any, on these requests or indications;
(c) The Committee may recommend to the General Assembly to request the
Secretary-General to undertake on its behalf studies on specific issues relating to the
rights of the child;
(d The Committee may make suggestions and general recommendations based
on information received pursuant to articles 44 and 45 of the present Convention.
Such suggestions and general recommendations shall be transmitted to any State
Party concerned and reported to the General Assembly, together with comments, if
any, from States Parties.
III
Article 46
The present Convention shall be open for signature by all States.
Article 47
The present Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article 48
The present Convention shall remain open for accession by any State. The
instruments of accession shall be deposited with the Secretary-General of the
United Nations.
Article 49
l. The present Convention shall enter into force on the thirtieth day following
the date of deposit with the Secretary-General of the United Nations of the
twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit of
the twentieth instrument of ratification or accession, the Convention shall enter into
force on the thirtieth day after the deposit by such State of its instrument of ratification
or accession.
Article 50
l. Any State Party may propose an amendment and file it with the SecretaryGeneral
of the United Nations. The Secretary-General shall thereupon communicate
the proposed amendment to States Parties, with a request that they indicate
whether they favour a conference of States Parties for the purpose of considering
and voting upon the proposals. In the event that, within four months from the date
of such communication, at least one third of the States Parties favour such a conference,
the Secretary-General shall convene the conference under the auspices of
the United Nations. Any amendment adopted by a majority of States Parties present
Vol 1577, 1-27531
1990 United Nations - Treaty Series o Nations Unies - Recueil des Traitks provisions
Convention
year after the date IN WITNESS THEREOF the undersigned plenipotentiaries, For seep. Treaty • Trait~s 61
and voting at the conference shall be submitted to the General Assembly for
approval.
2. An amendment adopted in accordance with paragraph 1 of the present
article shall enter into force when it has been approved by the General Assembly of
the United Nations and accepted by a two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on those States
Parties which have accepted it, other States Parties still being bound by the provisions
of the present Convention and any earlier amendments which they have
accepted.
Article 51
1. The Secretary-General of the United Nations shall receive and circulate
to all States the text of reservations made by States at the time of ratification or
accession.
2. A reservation incompatible with the object and purpose of the present Convention
shall not be permitted.
3. Reservations may be withdrawn at any time by notification to that effect
addressed to the Secretary-General of the United Nations, who shall then inform all
States. Such notification shall take effect on the date on which it is received by the
Secretary-General.
Article 52
A State Party may denounce the present Convention by written notification to
the Secretary-General of the United Nations. Denunciation becomes effective one
of receipt of the notification by the Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as the depositary of
the present Convention.
Article 54
The original of the present Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
IN WITNESS being duly authorized
thereto by their respective Governments, have signed the present Convention.
[For the signatures, see p. 124 of this volume.]
Vol. 1577, 1-27531
A-CHILD. NEW YORK, 12 DECEMBER 1995
force: Arabic, Chinese,
Nations : (with Belize
Bhutan
Canada
Chad
Chile
Colombia
Costa Rica
C6te L'ARTICLE
43 DE LA CONVENTION RELATIVE
DtCEMBRE Entree en vigueur : 18 novembre 2002,
au paragraphe 2 de
l'article 50
Textes authentiques : arabe, chinois,
frangais, Enregistrement aupres du Secretariat
Unies d'office, novembre 2002
Acceptance
21 Jan 1998
Jan Mar Feb 2002
Oct 2001
13 Jun 2000
15 Dec 2000
17 Mar 1999
Mar 1999
Mar 2002
26 Feb 1998
28 Jun 2000
25 Jun 1999
12 Aug 1997
5 Oct 2001
17 Sep 1997
16 May 2002
19 Aug 1997
10 Jul 2002
31 Jan 1997
28 Feb 2000
12 Feb 1997
25 Sep 2001
26 May 1998
23 Oct 1996
20 Sep 2001
Volume 2199, 4-27531
AMENDMENT TO ARTICLE 43 (2) OF THE
CONVENTION ON THE RIGHTS OF THE
I2 1995
Entry into force : 18 November 2002, in
accordance with article 50 (2)
Authentic texts : Arabic, Chinese,
English, French, Russian and Spanish
Registration with the Secretariat of the
United Nations: ex officio, 18
November 2002
AMENDEMENT AU PARAGRAPHE 2 DE L'ARTICLE
43 AUX DROITS DE L'ENFANT. NEW YORK,
12 D~CEMBRE 1995
Entr~e en vigueur: 18 novembre 2002,
conform~ment au paragraphe 2 de
l'article 50
Textes authentiques : arabe, chinois,
anglais, fran~ais, russe et espagnol
Enregistrement aupr~s du Secr~tariat
des Nations Unies: d'office, 18
novembre 2002
Participant
Acceptance
Algeria
21 Jan 1998
Andorra
17 Jan 1997
Argentina
2 Mar 1999
Austria (with declaration)
1 Feb 2002
Bahamas
23 Oct 2001
Bahrain
13 Jun 2000
Bangladesh
23 Apr 1997
Belize 15 Dec 2000
Bhutan 17 Mar 1999
Bolivia
15 Mar 1999
Botswana
6 Mar 2002
Brazil
26 Feb 1998
Brunei Darussalam
28 Jun 2000
Bulgaria
25 Jun 1999
Burkina Faso
26 Jul 1999
Cambodia
12 Aug 1997
Cameroon
5 Oct 2001
Canada 17 Sep 1997
Chad 16 May 2002
Chile 19 Aug 1997
China
10 Jul 2002
Colombia 31 Jan 1997
Congo
28 Feb 2000
Costa Rica 12 Feb 1997
Cote d'Ivoire
25 Sep 2001
Croatia
26 May 1998
Cuba
23 Oct 1996
Cyprus
20 Sep 2001
210
A -2 7531
Lesotho
Feb 2000
Sep 2001
Aug Jun 1997
Jun Sep Volume 2199, A-27531
Participant
Acceptance
Czech Republic
23 May 2000
Democratic People's Republic of
23 Feb 2000
Korea
Denmark
JO Sep 1996
Djibouti
21 Sep 2001
Dominica
5 Jul 2001
Ecuador
25 Feb 1998
Egypt
28 Dec 1998
Estonia
6 Dec 2000
Ethiopia
15 Apr 1998
Fiji
20 Aug 1997
Finland
3 Jan 1997
France
20 Jun 1997
Georgia
11 Apr 2000
Germany
25 Jun 1997
Greece
23 Sep 1997
Grenada
20 May 1999
Guinea
14 May 1999
Guyana
15 Sep 1998
Haiti
20 Dec 2000
Holy See
15 Aug 1996
Iceland
14 Jan 2000
Indonesia
17 Dec 1998
Iran (Islamic Republic of)
13 Nov 2001
Iraq
31 Dec 2001
Ireland
18 Nov 2002
Israel
27 Dec 1999
Italy
14 Sep 1999
Jamaica
6 Apr 1998
Jordan
24 Sep 2002
Kiribati
9 Sep 2002
Kyrgyzstan
31 May 2000
Lao People's Democratic Republic
22 Sep 1997
Lebanon
14 Jul 2000
12 Nov 2001
Liechtenstein
21 Jan 2000
Lithuania
27 Mar 2002
Luxembourg
11 Jul 2000
Malaysia
19 Aug 2002
Maldives
2 Nov 1998
Mali
4 Mar 1999
Malta
1 May 1997
Mauritania
20 Aug 1999
Mauritius
25 Aug 1999
21 I
Volume 2199, A-27531
Participant
Mexico
Monaco
Mongolia
Morocco
Mozambique
Myanmar
Namibia
Netherlands
New Zealand (territorial
exclusion: Tokelau Islands)
Niger
Oman
Pakistan
Palau
Panama
Peru
Philippines
Poland
Portugal
Qatar
Republic of Korea
Republic Romania
Russian Federation
Rwanda
Samoa
Saudi Spain
Sudan
Sweden
The Former Yugoslav Republic of
Acceptance
22 Sep 1997
26 May 1999
19 Dec 1997
27 Jan 1997
4 Mar 1999
9 Jun 2000
11 Dec 2001
4 Dec 1996
16 Jun 2000
Oct 2001
Feb 2000
Oct 2002
Jan 2000
Apr 2002
Nov 1996
Jan 2000
Jan 1998
1999
Jun 1998
May 1999
Feb 1999
Jan 1998
2002
1998
2002
2000
Volume 2199, A-27531
Participant Acceptance
Mexico 22 Sep 1997
Monaco 26 May 1999
Mongolia 19 Dec 1997
Morocco 27 Jan 1997
Mozambique 4 Mar 1999
Myanmar 9 Jun 2000
Namibia 1I Dec 2001
Netherlands 4 Dec 1996
New Zealand (with territorial 16 Jun 2000
exclusion: Tokelau Islands)
Niger 24 Oct 2001
Norway
24 Feb 2000
Oman 16 Oct 2002
Pakistan 19 Jan 2000
Palau 26 Apr 2002
Panama 5 Nov 1996
Peru 26 Jan 2000
Philippines 14 Jan 1998
Poland 2 Sep 1999
Portugal 29 Jun 1998
Qatar 5 May 1999
Republic of Korea 3 Feb 1999
Republic of Moldova
30 Jan 1998
Romania 3 Oct 2002
Russian Federation l May 1998
Rwanda 19 Sep 2001
Samoa 22 Mar 2002
San Marino
10 Oct 2000
Saudi Arabia
30 Jun 1997
Sierra Leone
27 Nov 2001
Singapore
29 Mar 2000
Slovakia
29 Jul 1999
South Africa
5 Aug 1997
Spain 13 Jan 1998
Sri Lanka
29 Feb 2000
Sudan 9 Apr 2001
Suriname
23 May 2002
Swaziland
17 Jan 2002
Sweden 17 Oct 1996
Switzerland
2 Dec 1997
Syrian Arab Republic
16 Jun 2000
Thailand
30 Apr 1998
The Fonner Yugoslav Republic of 16 Oct 1996
Macedonia
212
19 Jun 1996
1 1996
27 Jun 1997
11 Nov 1997
17 Jul 1997
Volume 2199, A-27531
Participant
Acceptance
Togo
19 Jun 1996
Trinidad and Tobago
Nov 1996
Tunisia
29 Mar 2001
Turkey
9 Dec 1999
Uganda
27 Jun 1997
United Arab Emirates
11 Nov 1997
United Kingdom of Great Britain
17 Jul 1997
and Northern Ireland
Uruguay
17 Feb
1999
Uzbekistan
25 Apr
1997
Venezuela
2 Nov
1998
Viet Nam
11 Jan
2000
Yemen
3 Apr
1997
Yugoslavia
4 Oct
2001
Zambia
9 Aug
2000
Zimbabwe
27 Aug
2002
213
LV ;awlJ, Y.. *J'L. J A..
Amendment to article 43 paragraph (2)
of the Convention on the Bights of the Child
Adopted at the Conference of the States parties on 12 December 1995
Decides to adopt the amendment to article 3. paragraph 2, of the
"ten" the word
"eighteen'.
au paragraphs V'article ax l'enfant
Adopti A Conf6rence 12 cembre 1995
Ddcide proposd A "dix" le mot "dix-huit".
flonpaexa K nyHKTy (2) CTaTbH 43 KoHseHuwm 0 npasax pe6eHKa,
lpHHRTaR Ha Kom[epeHuuu rocyoapcTB-y4aCTHHKOB
12 nexa6ps 1995 rosa
nocTaHoBIReT npHHRTb npeaaraemyo nonpaBKy nyHXTy 2 CTaTbai 43 KOweeHutmi
o npaax pe~eKKa. 3alK UL0eyl08 CR3 aMeHe cJnoea "'aeCRTH" cnoBoM "BOcemHmallUTH
"
pArrafo Convenci6n sobre los Derechos del Nifio
adoptada a la Conferencia de los Estados partes
el 12 de diciembre de 1995
pArrafo de Convenci6n Ni~o, Is diez" ]a "Volume 2199, A-27531
tr Lall « ' ill au
dl! 39i «ill ,»
bl:YL 4!'i, .Jul 3i Ala' ; t isl ' i ! Ji »l' 3±
l e its ijls "li it'ijA+ i
1995 #12 12 ## # l 4 ih it #ht
«L # ##As»
$433 52# #h # E
"+\"
Amendment to article 43, paragraph (2)
of the Convention on the Rights of the Child
Adopted at the Conference of the States parties on l2 December 1995
Decides to adopt the amendment to article 43, paragraph 2, of the
Convention on the Rights of the Child, replacing the word "ten" by the word
eighteen.
Amendement au paragraphe 2 de l'article 43
de la Convention relative aux droits de I'enfant
Adopt~ ~ la Conference des Etats parties le 12 d~cebre 1995
D~cide d'appuyer l'amendement qu'il est propos~ d'apporter au paragraphe
2 de l'article 43 de la Convention relative aux droits de l'enfant, ~ savoir
remplacer le mot "dix" par le mot "dix-huit".
flonpasa nyyTy (2) cTaTH 43 Ko»BeHuM» o npasax pe6ea,
npunran Ma KoHbepeHLMM roCyIapCTE-yaCTH4KO
12 peKa6pa 1995 rona
nocTaHosner nprs npenaraeyo nonpaBKy K nyHKTy 2 CTaTH 433 KouBeHuM
o npasax pebeHa, 3amoamuyoca s 3aeHe cnosa "zecgr" cnosoM "sooeMauar»""
Enmienda al prrafo 2 del articulo 43
de la Convencibn sobre los Derechos del Nito
adoptada a la Conferencia de los Estados partes
el 12 de diciembre de 1995
Decide aprobar la enmienda propuesta al p~rrafo 2 del articulo 43 de la
Convencion sobre los Derechos del Nito, por la cual se sustituiria la palabra
"diez" por la palabra dieciocho".
218
CONVENTION ON THE RIGHTS OF
THE CHILD. NEW YORK, 20 NOVEMBER
MAY 2000
RA TIFICA TION
instrument with the
General Nations. Date of effect: 12 March 2002
with the Secretariat the
United Nations: ex 12
INVOLVEMENT
OF CHILDREN IN ARMED
25 force : 10 (1) English, Registration Nations : Multilateral
CONVENTION RELATIVE AUX
DROITS DE L'ENFANT. NEW YORK,
NOVEMBRE 19891
PROTOCOLE FACULTATIF A LA CONVENTION
L'ENFANT,
ENFANTS
ET LA SCENE 25
MAI RA TIFICA TION
Dcp6t de l'instrumefft auprbs du
Secrtaire nral des Nations Unies : 12fivrier 2002
d'effet." 12 mars 2002
aupr~s du Secrdtariat
d'office, fivrier A CONVENTION
L'ENFANT,
CONCERNANT ARMES.
NEW YORK, MAI 2000
Entree vigueur : f6vrier
conform6ment Particle 1 authentiques frangais, auprs Secretariat
vrier.
1. United Nations, Treaty Series Vol. 1577,1-27531 - Nations Unies, Recueil des Trait6s Vol. 1577,
27531
Volume 2173, A-27531
No. 27531. Multilateral
20 NOVEMBER
1989'
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE
SALE OF CHILDREN, CHILD PROSTITUTION
AND CHILD PORNOGRAPHY. NEW YORK,
25 2000
RATIFICATION
Bulgaria
Deposit of instrument with the
Secretary-General of the United
Nations: 12 February 2002
Date of effect: 12 March 2002
Registration with the Secretariat of the
United Nations: ex officio, 12
February 2002
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT
CONFLICT. NEW YORK, 25 MAY 2000
No. 27531. Multilat~ral
CONVENTION AUX
DROITS DE L'ENF ANT. NEW YORK,
20 1989'
~ CONVENTION
RELATIVE AUX DROITS DE L'ENFANT,
CONCERNANT LA VENTE
D'ENFANTS, LA PROSTITUTION DES ENFANTS
PORNOGRAPHIE METTANT
EN SC~NE DES ENFANTS. NEW YORK, 25
MA1 2000
RATIFICATION
Bulgarie
D~pot de l'instrument aupr~s du
Secr~taire g~n~ral de l'Organisation
des Nations Unies : 12 f~vrier 2002
Date de prise d'effet : 12 mars 2002
Enregistrement aupr~s du Secr~tariat
des Nations Unies : d'ojjice, 12
f~vrier 2002
PROTOCOLE FACULTATIF ~ LA CONVENTION
RELATIVE AUX DROITS DE L'ENFANT,
L'IMPLICATION
D'ENFANTS DANS LES CONFLITS ARM~S.
25 MA1 2000
Entry into force: 12 February 2002, in
accordance with article IO I) (see
following page)
Entr~e en vigueur: 12 f~vrier
conform~ment au paragraphe
!'article 10 (voir page suivante)
2002,
I de
Authentic texts : Arabic, Chinese,
French, Russian and Spanish
with the Secretariat of the
United Nations: ex officio, 12 February
2002
Textes authentiqnes : arabe, chinois,
anglais, fran~ais, russe et espagnol
Enregistrement aupr~s du Secr~tariat
des Nations Unies : d'office, 12 f~vrier
2002
I. 1577, I-Nations Trait~s 1-27531
222
A-ENGLISH - ANGLAIS]
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
continuous
development
significant
particular,
international
recognized
1 recruitment
Crescent
18 Organization
recruitment
children
Volume 2173, 4-27531
[ ENGLISH TEXT TEXTE ANGLAIS ]
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
The States Parties to the present Protocol,
Encouraged by the overwhelming support for the Convention on the Rights of the
Child, demonstrating the widespread commitment that exists to strive for the promotion
and protection of the rights of the child,
Reaffirming that the rights of children require special protection, and calling for continuous
improvement of the situation of children without distinction, as well as for their development
and education in conditions of peace and security,
Disturbed by the harmful and widespread impact of armed conflict on children and the
long-term consequences this has for durable peace, security and development,
Condemning the targeting of children in situations of armed conflict and direct attacks
on objects protected under international law, including places generally having a significant
presence of children, such as schools and hospitals,
Noting the adoption of the Statute of the International Criminal Court and, in particular,
its inclusion as a war crime of conscripting or enlisting children under the age of 15
years or using them to participate actively in hostilities in both international and non-international
armed conflicts,
Considering, therefore, that to strengthen further the implementation of rights recognized
in the Convention on the Rights of the Child there is a need to increase the protection
of children from involvement in armed conflict,
Noting that article I of the Convention on the Rights of the Child specifies that, for the
purposes of that 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,
Convinced that an optional protocol to the Convention raising the age of possible recruitment
of persons into armed forces and their participation in hostilities will contribute
effectively to the implementation of the principle that the best interests of the child are to
be a primary consideration in all actions concerning children,
Noting that the twenty-sixth international Conference of the Red Cross and Red Crescent
in December 1995 recommended, inter alia, that parties to conflict take every feasible
step to ensure that children under the age of I8 years do not take part in hostilities,
Welcoming the unanimous adoption, in June 1999, of International Labour Organization
Convention No. 182 on the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labour, which prohibits, inter alia, forced or compulsory recruitment
of children for use in armed conflict,
Condemning with the gravest concern the recruitment, training and use within and
across national borders of children in hostilities by armed groups distinct from the armed
forces of a State, and recognizing the responsibility of those who recruit, train and use children
in this regard,
236
Volume 2173, A-27531
armed of international humanitarian law,
Stressing that this Protocol is without prejudice to the purposes and principles contained
humanitarian
law,
purposes
in the Charter and observance of human conflicts and recruitment
armed the physical and psychosocial rehabilitation and social reintegration
armed implementation of the Protocol,
Convention
accession
recruitment
Volume 2173, A-27531
Recalling the obligation of each party to an anned conflict to abide by the provisions
of international humanitarian law,
Stressing that this Protocol is without prejudice to the purposes and principles contained
in the Charter of the United Nations, including Article 51, and relevant norms of humanitarian
law,
Bearing in mind that conditions of peace and security based on full respect of the purposes
and principles contained in the Charter and observance of applicable human rights
instruments are indispensable for the full protection of children, in particular during armed
conflicts and foreign occupation,
Recognizing the special needs of those children who are particularly vulnerable to recruitment
or use in hostilities contrary to this Protocol owing to their economic or social
status or gender,
Mindful of the necessity of taking into consideration the economic, social and political
root causes of the involvement of children in anned conflicts,
Convinced of the need to strengthen international cooperation in the implementation
of this Protocol, as well as the physical and psychosocial rehabilitation and social reintegration
of children who are victims of anned conflict,
Encouraging the participation of the community and, in particular, children and child
victims in the dissemination of informational and educational programmes concerning the
implementation of the Protocol,
Have agreed as follows:
Article 1
States Parties shall take all feasible measures to ensure that members of their armed
forces who have not attained the age of 18 years do not take a direct part in hostilities.
Article 2
States Parties shall ensure that persons who have not attained the age of 18 years are
not compulsorily recruited into their armed forces.
Article 3
1. States Parties shall raise the minimum age for the voluntary recruitment of persons
into their national armed forces from that set out in article 38, paragraph 3, of the Convention
on the Rights of the Child, taking account of the principles contained in that article and
recognizing that under the Convention persons under 18 are entitled to special protection.
2. Each State Party shall deposit a binding declaration upon ratification of or accession
to this Protocol that sets forth the minimum age at which it will permit voluntary recruitment
into its national armed forces and a description of the safeguards that it has
adopted to ensure that such recruitment is not forced or coerced.
237
A-military
Secretary-
1 keeping
1. Armed groups that are distinct from the armed forces of a State should not, under
practices.
application present legal
precluding provisions to ensure the effective implementation and enforcement of the provisions of this Protocol
2. States Parties undertake to make the principles and provisions of the present Protocol
jurisdiction otherwise
Volume 2173, 4A-27531
3. States Parties that permit voluntary recruitment into their national armed forces
under the age of 18 shall maintain safeguards to ensure, as a minimum, that:
(a) Such recruitment is genuinely voluntary;
(b) Such recruitment is done with the informed consent of the person=s parents or
legal guardians;
(c) Such persons are fully informed of the duties involved in such military service;
( d) Such persons provide reliable proof of age prior to acceptance into national military
service.
4. Each State Party may strengthen its declaration at any time by notification to that
effect addressed to the Secretary-General of the United Nations, who shall inform all States
Parties. Such notification shall take effect on the date on which it is received by the Secretary-
General.
5. The requirement to raise the age in paragraph I of the present article does not apply
to schools operated by or under the control of the armed forces of the States Parties, in keeping
with articles 28 and 29 of the Convention on the Rights of the Child.
Article 4
any circumstances, recruit or use in hostilities persons under the age of 18 years.
2. States Parties shall take all feasible measures to prevent such recruitment and use,
including the adoption of legal measures necessary to prohibit and criminalize such practices.
3. The of the article under this Protocol shall not affect the status of any party to an armed conflict.
Article 5
Nothing in the present Protocol shall be construed as in the law
of a State Party or in international instruments and international humanitarian law that are
more conducive to the realization of the rights of the child.
Article 6
1. Each State Party shall take all necessary legal, administrative and other measures
within its jurisdiction.
Protocol
widely known and promoted by appropriate means, to adults and children alike.
3. States Parties shall take all feasible measures to ensure that persons within their
recruited or used in hostilities contrary to this Protocol are demobilized or otherwise
released from service. States Parties shall, when necessary, accord to these persons
238
Volume 2173, A-2 7531
all appropriate assistance for their physical and psychological recovery and their social reintegration.
Article 7
1. States Parties shall cooperate in the implementation of the present Protocol, including
in the prevention of any activity contrary to the Protocol and in the rehabilitation
and social reintegration of persons who are victims of acts contrary to this Protocol, including
through technical cooperation and financial assistance. Such assistance and cooperation
will be undertaken in consultation with concerned States Parties and relevant international
organizations.
2. States Parties in a position to do so shall provide assistance through existing
multilateral, bilateral or other programmes, or, inter alia, through a voluntary fund established
in accordance with the rules General Assembly.
Article 8
1. Each State Party shall submit, within two years following entry into force of
the Protocol for that State Party, a report to the Committee the Rights of the providing
comprehensive information on the measures it has taken to implement the provisions
of the Protocol, including the measures taken to implement the provisions on
participation and recruitment.
2. Following the submission of the comprehensive each Party include
in the reports they submit to on of in accordance
with article 44 of the Convention, any further information with to the implementation
of the Protocol. Other States Parties to the every five
years.
3. The Committee on the Rights of the Child may request from States Parties further
information relevant to the implementation of this Protocol.
1. The present Protocol is Convention
it.
2. The present Protocol is subject ratification Instruments of ratification or accession United Nations.
Protocol,
shall inform all States Parties Convention of each instrument of declaration 13.
Volume 2173, 4-27531
all appropriate assistance for their physical and psychological recovery and their social reintegration.
Article 7
I. States Parties shall cooperate in the implementation of the present Protocol, including
in the prevention of any activity contrary to the Protocol and in the rehabilitation
and social reintegration of persons who are victims of acts contrary to this Protocol, including
through technical cooperation and financial assistance. Such assistance and cooperation
will be undertaken in consultation with concerned States Parties and relevant international
organizations.
2. States Parties in a position to do so shall provide such assistance through existing
multilateral, bilateral or other programmes, or, inter alia, through a voluntary fund established
in accordance with the rules of the General Assembly.
Article 8
I. Each State Party shall submit, within two years following the entry into force of
the Protocol for that State Party, a report to the Committee on the Rights of the Child providing
comprehensive information on the measures it has taken to implement the provisions
of the Protocol, including the measures taken to implement the provisions on
participation and recruitment.
2. Following the submission of the comprehensive report, each State Party shall include
in the reports they submit to the Committee on the Rights of the Child, in accordance
with article 44 of the Convention, any further information with respect to the implementation
of the Protocol. Other States Parties to the Protocol shall submit a report every five
years.
3. The Committee on the Rights of the Child may request from States Parties further
information relevant to the implementation of this Protocol.
Article 9
I. The present Protocol is open for signature by any State that is a party to the Convention
or has signed it.
2. The present Protocol is subject to ratification and is open to accession by any State.
Instruments of ratification or accession shall be deposited with the Secretary-General of the
United Nations.
3. The Secretary-General, in his capacity as depositary of the Convention and the Protocol,
shall inform all States Parties to the Convention and all States that have signed the
Convention of each instrument of declaration pursuant to article I 3.
239
Volume 2173, A-27531
Article 10
1. The present Protocol shall enter into force three months after the deposit of the
tenth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into
force, the present Protocol shall enter into force one month after the date of the deposit of
its own instrument of ratification or accession.
Article 11
1. Any State Party may denounce the present Protocol at any time by written notification
to the Secretary-General of the United Nations, who shall thereafter inform the other
States Parties to the Convention and all States that have signed the Convention. The denunciation
shall take effect one year after the date of receipt of the notification by the Secretary-
General. If, however, on the expiry of that year the denouncing State Party is engaged in
armed conflict, the denunciation shall not take effect before the end of the armed conflict.
2. Such a denunciation shall not have the effect of releasing the State Party from its
obligations under the present Protocol in regard to any act that occurs prior to the date on
which the denunciation becomes effective. Nor shall such a denunciation prejudice in any
way the continued consideration of any matter that is already under consideration by the
Committee prior to the date on which the denunciation becomes effective.
Article 12
1. Any State Party may propose an amendment and file it with the Secretary-General
of the United Nations. The Secretary-General shall thereupon communicate the proposed
amendment to States Parties, with a request that they indicate whether they favour a conference
of States Parties for the purpose of considering and voting upon the proposals. In
the event that, within four months from the date of such communication, at least one third
of the States Parties favour such a conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment adopted by a majority
of States Parties present and voting at the conference shall be submitted to the General Assembly
for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article shall
enter into force when it has been approved by the General Assembly of the United Nations
and accepted by a two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on those States Parties
that have accepted it, other States Parties still being bound by the provisions of the present
Protocol and any earlier amendments that they have accepted.
Article 13
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
Volume 2173, 4-27531
Article 10
l. The present Protocol shall enter into force three months after the deposit of the
tenth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into
force, the present Protocol shall enter into force one month after the date of the deposit of
its own instrument of ratification or accession.
Article 11
l. Any State Party may denounce the present Protocol at any time by written notification
to the Secretary-General of the United Nations, who shall thereafter inform the other
States Parties to the Convention and all States that have signed the Convention. The denunciation
shall take effect one year after the date of receipt of the notification by the. SecretaryGeneral.
If, however, on the expiry of that year the denouncing State Party is engaged in
armed conflict, the denunciation shall not take effect before the end of the armed conflict.
2. Such a denunciation shall not have the effect of releasing the State Party from its
obligations under the present Protocol in regard to any act that occurs prior to the date on
which the denunciation becomes effective. Nor shall such a denunciation prejudice in any
way the continued consideration of any matter that is already under consideration by the
Committee prior to the date on which the denunciation becomes effective.
Article 12
l. Any State Party may propose an amendment and file it with the Secretary-General
of the United Nations. The Secretary-General shall thereupon communicate the proposed
amendment to States Parties, with a request that they indicate whether they favour a conference
of States Parties for the purpose of considering and voting upon the proposals. In
the event that, within four months from the date of such communication, at least one third
of the States Parties favour such a conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment adopted by a majority
of States Parties present and voting at the conference shall be submitted to the General Assembly
for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article shall
enter into force when it has been approved by the General Assembly of the United Nations
and accepted by a two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on those States Parties
that have accepted it, other States Parties still being bound by the provisions of the present
Protocol and any earlier amendments that they have accepted.
Article 13
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
240
Volume 2173, A-27531
Volume 2173, A-27531
2. The Secretary-General of the United Nations shall transmit certified copies of the
present Protocol to all States Parties to the Convention and all States that have signed the
Convention.
241
(IV.11.b)
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Reference: C.N.539.2000.TREATIES-11 (Depositary Notification)
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
NEW YORK, 25 MAY 2000
PROPOSAL OF CORRECTIONS TO THE ORIGINAL OF THE PROTOCOL
(ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN AND SPANISH AUTHENTIC TEXTS) AND
TO THE CERTIFIED TRUE COPIES
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to certain errors in some articles of the
Arabic, Chinese, English, French, Russian and Spanish authentic texts of the original of the Protocol as
reproduced in the certified true copies circulated by depositary notification C.N.495.2000.TREATIES-
10 of 12 July 2000.
..... The Annex to this notification contains the text of the relevant articles of the Protocol and the
proposed corrections.
In accordance with the established depositary practice, unless there is an objection to effecting
a particular correction from a signatory State or a contracting State, the Secretary-General proposes to
effect, in the relevant articles of the Arabic, Chinese, English, French, Russian and Spanish authentic
texts of the original of the Protocol, the proposed corrections. Such corrections would also apply to the
certified true copies.
Any objection should be communicated to the Secretary-General within 90 days of the present
notification, i.e., no later than Tuesday, 14 November 2000.
16 August 2000
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OI7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
(IV.ll.b)
W&$ POCTAL ADOHM* ADOCMC POtTALC UNITED NATION*. N.V. IOOIT
CABU* ADGHKM—ADKCI1C TtL tOMAPHIOUE UHATION* N«wrOP»K
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
RECTIFICATION OF THE ORIGINAL OF THE PROTOCOL
(ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN AND SPANISH AUTHENTIC TEXTS)
AND TRANSMISSION OF THE RELEVANT PROCES-VERBAL1
The Secretary-General of the United Nations, acting in his capacity as depositary,
By November 2000, date on which the 90-day specified for notification of
objections to the proposed corrections expired, no objections been notified to the
Consequently, the Secretary-General effected the corrections in original of
the Protocol (Arabic, Chinese, English, French, Russian Spanish authentic texts) as well as the
Proces-V
1 TREATEES-(Proposal of corrections the original of Protocol (Arabic, Chinese, English, French, Russian
Spanish authentic texts) the certified true Attention: Treaty Services of Ministries of Foreign Affairs and of international concerned.
00 --/4V? 0
. ·--·-··---
IL.UNITED NATIONS - NATIONS UNIES
srAt Apt6s-A0ss« 0srAL uM+YD Art0u, N.Y. 1OOt
CARL ADO#ADRS T#Li@RAMO MA rOi Mwvom¢
Reference: C.N.1031.2000.TREATIES-82 (Depositary Notification)
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
NEW YORK, 25 MAY 2000
RECTIFICATION OF THE ORIGINAL OF THE PROTOCOL
(ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN AND SPANISH AUTHENTIC TEXTS)
AND TRANSMISSION OF THE RELEVANT PROC~S-VERBAL'
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
By 14 November 2000, the date on which the 90-day period specified for the notification of
objections to the proposed corrections expired, no objections had been notified to the
Secretary-General.
Consequently, the Secretary-General has effected the required corrections in the original of
the Protocol (Arabic, Chinese, English, French, Russian and Spanish authentic texts) as well as in the
certified true copies. The corresponding Pro~s-verbal of rectification is transmitted herewith.
14 November 2000
Refer to depositary notification C.N.539.2000.TREATIES-11 of 16 August 2000
(Proposal of corrections to the original of the Protocol (Arabic, Chinese, English, French, Russian
and Spanish authentic texts) and to the certified true copies).
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations
concerned.
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE
INVOLVEMENT OF CHILDREN IN
ARMED CONFLICT
ADOPTED BY THE GENERAL ASSEMBLY OF THE
UNITED NATIONS ON 25 May 2000
PROCES-VERBAL OF RECTIFICATION
OF THE ORIGINAL OF THE PROTOCOL
PROTOCOLS FACULTATIF A LA CONVENTION
RELATIVE AUX DROITS DE L'ENFANT,
CONCERNANT L'IMPLICATION D'ENFANTS DANS
LES CONFLITS ARMES
ADOPTS PAR L'ASSEMBLEE GBNERALE DES
NATIONS UNIES LE 25 MAI 2000
PROCES-VERBAL DE RECTIFICATION
DE L'ORIGINAL DU PROTOCOLS
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Optional Protocol to the
Convention on the Rights of the Child on
the involvement of children in armed
conflict, adopted by the General Assembly
of the United Nations on 25 2000
(Protocol),
it appears that the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts) contains errors,
WHEREAS the corresponding proposed
corrections have been communicated to all
interested States by depositary
notification C.N.539.2000.TREATIES-11 of
16 August 2000,
WHEREAS by 14 November 2000, the date on
which the 90-day period specified for the
notification of objections to the proposed
corrections expired, no objection had been
notified,
HAS CAUSED the required corrections as
indicated in the annex to this Proofsverbal
to be effected in the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts), which corrections also apply to
the certified true copies of the Protocol
established on 1 June 2000.
WHEREOF, I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have signed this
Proces-verbal.
LE SECRETAIRE GENERAL DE L'ORGANISATION
DES NATIONS UNIES, agissant en sa quality
de depositaire du Protocole facultatif a
la Convention relative aux droits de
1'enfant, concernant 1'implication
d'enfants dans les conflits armes, adopts
par 1'Assemblee generale des Nations Unies
le 25 mai 2000 (Protocole),
CONSIDERANT que 1' original du Protocole
(textes authentiques anglais, arabe,
chinois, espagnol, francais et rugae)
comporte des erreurs,
CONSIDERANT que les propositions de
corrections correspondantes ont et6
cornmuniquees a Etats interesses
par la notification depositaire C.N.539.
2000.TREATIES-11 en date du 16 aoQt 2000,
CONSIDERANT qu'au 14 novembre 2000, date
a laquelle le delai de 90 jours specific
pour la notification d'objections aux
corrections proposees a expire, aucune
objection n'a et6 notifiee,
A FAIT PROCEDER dans I1original du
Protocole (textes authentiques anglais,
arabe, chinois, espagnol, francais et
russe) aux corrections requises, telles
qu'indiquees en annexe au present procesverbal,
lesquelles s'appliquent egalement
aux exemplaires certifies conformes du
Protocole etablis le 1" juin 2000.
EN FOI DE QUOI, Nous,
Hans Corell, Secretaire general adjoint,
Conseiller juridique, avons 3ign6 le
present proces-verbal.
Done at the Headquarters of the United
Nations, New York, on
14 November 2000.
Fait au Siege de I1 Organisation des
ms Unies, a New York, le
iovembre 2000.
Hans Corell UNITED NATIONS
NATIONS UNIES
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE
INVOLVEMENT OF CHILDREN IN
ARMED CONFLICT
ADOPTED BY THE GENERAL ASSEMBLY OF THE
UNITED NATIONS ON 25 May 2000
PROC~S-VERBAL OF RECTIFICATION
OF THE ORIGINAL OF THE PROTOCOL
PROTOCOLE FACULTATIF ~ LA CONVENTION
RELATIVE AUX DROITS DE L' ENFANT,
CONCERNANT L' IMPLICATION D'ENFANTS DANS
LES CONFLITS ARM~S
ADOPT~ PAR L'ASSEMBL~E G~N~RALE DES
NATIONS UNIES LE 25 MAI 2000
PROC~S-VERBAL DE RECTIFICATION
DE L' ORIGINAL DU PROTOCOLE
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Optional Protocol to the
Convention on the Rights of the Child on
the involvement of children in armed
conflict, adopted by the General Assembly
of the United Nations on 25 May 2000
(Protocol) ,
WHEREAS it appears that the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts) contains errors,
WHEREAS the corresponding proposed
corrections have been communicated to all
interested States by depositary
notification C.N.539.2000.TREATIES-11 of
16 August 2000,
WHEREAS by 14 November 2000, the date on
which the 90-day period specified for the
notification of objections to the proposed
corrections expired, no objection had been
notified,
HAS CAUSED the required corrections as
indicated in the annex to this Proc~sverbal
to be effected in the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts), which corrections also apply to
the certified true copies of the Protocol
established on 1 June 2000.
IN WITNESS WHEREOF, I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have signed this
Proc~s-verbal.
LE SECR~TAIRE G~N~RAL DE L'ORGANISATION
DES NATIONS UNIES, agissant en sa qualit~
de d~positaire du Protocole facultatif ~
la Convention relative aux droi ts de
l'enfant, concernant l'implication
d'enfants dans les conflits arm~s, adopt~
par l'Assembl~e g~n~rale des Nations Unies
le 25 mai 2000 (Protocole),
CONSID~RANT que l'original du Protocole
(textes authentiques anglais, arabe,
chinois, espagnol, fran~ais et russe)
comporte des erreurs,
CONSID~RANT que les propositions de
corrections correspondantes ont ~t~
communiqu~es ~ tous les ~tats int~ress~s
par la notification d~positaire C.N.539.
2000.TREATIES-11 en date du 16 ao0t 2000,
CONSID~RANT qu' au 14 novembre 2000, date ~ laquelle le d~lai de 90 jours sp~cifi~
pour la notification d'objections aux
corrections propos~es a expir~, aucune
objection n'a ~t~ notifi~e,
A FAIT PROC~DER dans l'original du
Protocole (textes authentiques anglais,
arabe, chinois, espagnol, fran~ais et
russe) aux corrections requises, telles
qu'indiqu~es en annexe au pr~sent proc~sverbal,
lesquelles s'appliquent ~galement
aux exemplaires certifies conformes du
Protocole ~tablis le 1° juin 2000.
EN FOI DE QUOI, Nous,
Hans Corell, Secr~taire g~n~ral adjoint,
Conseiller juridique, avons sign~ le
pr~sent proc~s-verbal.
(
Fait au Si~ge de l'organisation des
ns Unies, ~ New York, le
ovembre 2000.
Hans Corell
Done at the Headquarters of the United
Nations, New York, on
14 November 2000.
- In article 3 (1), replace:
A I 'article 3 I), remplacer:
"States Parties shall raise the minimum age for the voluntary recruitment of persons ..."
"States Parties shall raise in years the minimum age for the voluntary recruitment of
persons..."
2-
English authentic text -- texte authentique anglais
In article 3 (/), replace:
A I 'article 3 /), remplacer:
"States Parties shall raise the minimum age for the voluntary recruitment of persons ... "
by:
par:
"States Parties shall raise in years the minimum age for the voluntary recruitment of
persons ... "
-2(
IV.11.b)
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Reference: C.N.592.2001.TREATIES-7 (Depositary Notification)
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
NEW YORK, 25 MAY 2000
PROPOSAL OF CORRECTION TO THE ORIGINAL OF THE PROTOCOL
(CHINESE, ENGLISH, FRENCH, RUSSIAN AND SPANISH AUTHENTIC TEXTS)
AND TO THE CERTIFIED TRUE COPIES
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to an error in article 9 (3) of
the Chinese, English, French, Russian and Spanish authentic texts of the original of the
Protocol as reproduced in the certified true copies circulated by depositary notification
C.N.495.2000.TREATIES-10 of 12 July 2000.
..... The Annex to this notification contains the relevant text of article 9 (3) of the Protocol and the
proposed correction. (The Annex is transmitted in hard copy format only).
In accordance with the established depositary practice, unless there is an objection to effecting
a particular correction from a signatory State or a contracting State, the Secretary-General proposes to
effect, in article 9 (3) of the Chinese, English, French, Russian and Spanish authentic texts of the
original of the Protocol, the proposed correction. Such correction would also apply to the certified true
copies.
Any objection should be communicated to the Secretary-General within 90 days of the present
notification, i.e., no later than Thursday, 13 September 2001.
15 June 2001
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OIT
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
(IV.11.b)
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Reference: C.N.865.2001.TREATIES-10 (Depositary Notification)
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT
NEW YORK, 25 MAY 2000
RECTIFICATION OF THE ORIGINAL OF THE PROTOCOL (CHINESE, ENGLISH, FRENCH,
RUSSIAN AND SPANISH AUTHENTIC TEXTS)
AND TRANSMISSION OF THE RELEVANT PROCÈS-VERBALi
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
By 13 September 2001, the date on which the 90-day period specified for the notification of
objections to the proposed correction expired, no objections had been notified to the
Secretary-General.
Consequently, the Secretary-General has effected the required corrections in the original of the
Protocol (Chinese, English, French, Russian and Spanish authentic texts) as well as in the certified true
..... copies. The corresponding Procès-verbal of rectification is transmitted herewith.
(The Procès-verbal is transmitted in hard copy format only).
13 September 2001
1 Refer to depositary notification C.N.592.2001.TREATIES-7 of 15 June 2001 (Proposal of
correction to the original of the Protocol (Chinese, English, French, Russian and Spanish authentic
texts) and to the certified true copies).
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OIT
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE
INVOLVEMENF OP CHILDREN IN
ARMED CONFLICT
ADOPTED BY THE GENERAL ASSEMBLY OF THE
UNITED NATIONS ON 25 May 2000
PROCES-VERBJlL OF RECTIFICATION
OF THE ORIGINAL OF THE PROTOCOL
U N I E S
PROTOCOLS A RELATIVE AUX DROITS DE L'ENFANT,
CONCERNANT L'IMPLICATION D'ENFANTS DANS
LES CONFLITS ARMES
ADOPTE PAR L'ASSEMBLES GENERALS DBS
NATIONS UNIES LE 25 MAI 2000
PROCES-VERBAL DE RECTIFICATION
DE L'ORIGINAL DU PROTOCOLS
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Optional Protocol to the
Convention on th'3 Rights of the Child on
the involvement of children in armed
conflict, adopted by the General Assembly
of the United Nations on 25 2000
(Protocol),
it appears that the original of
the Protocol (Chinese, English, French,
Russian and Sp.inish authentic texts)
contains an errcr in article 9 (3),
the corresponding proposed
correction has been communicated to all
interested States by depositary
notification C.If.592.2001.TREATIES-7 of
15 June 2001,
WHEREAS by 13 September 2001, the date
on which the 90-day period specified for
the notification of objections to the
proposed correction expired, no objection
had been notified,
HAS CAUSED thu required correction as
indicated in ths annex to this Procesverbal
to be effected in the original of
the Protocol (Chinese, English, French,
Russian and Spanish authentic texts),
which correction also applies to the
certified true copies of the Protocol
established on :. June 2000.
IN WITNESS WH3REOF, I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have this
Proces-verbal.
Done at the Headquarters of the United
Nations, Yo.rk, on
13 September 2031.
SECRETAIRE GENERAL DBS NATIONS UNIES, agissant en sa qualite
depositaire a
la Convention relative aux droits de
1'enfant, 1'implication
d'enfants dans les conflits armes, adopts
par 1'Assemblee generale des Nations Unies
le 25 mai 2000 (Protocole),
CONSIDERANT que 1'original du Protocole
(textes authentiques anglais, chinois,
espagnol, francais et russe) comporte une
erreur dans le troisieme paragraphe de
1'article 9,
CONSIDERANT que la proposition de
correction correspondante a et6
communiquee a Etats interesses
par la notification depositaire C.N.592.
2001.TREATIES-7 en date du 15 juin 2001,
CONSIDERANT qu'au 13 septembre 2001,
a delai specific pour la notification d'objections
a la correction proposee a expire, aucune
et6 notifiee,
A FAIT PROCEDER dans 1'original du
Protocole (textes authentiques anglais,
chinois, espagnol, francais et russe) A la
correction requise, telle qu'indiquee en
annexe au present proces-verbal, laquelle
s'applique egalement aux certifies conformes du Protocole etablis
le I" juin 2000.
FOI DE QUOI, Nous,
Hans Corell, Secretaire general adjoint,
Conseiller juridique, avons sign6 le
present proces-verbal.
Fait au Siege de 1'Organisation des
Nations Unies, a New York, le
13 septembre 2001.
<*-€-.
UNITED NATIONS
(9 NATIONS UNIES
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE
INVOLVEMENT OF CHILDREN IN
ARMED CONFLICT
ADOPTED BY THE GENERAL ASSEMBLY OF THE
UNITED NATIONS ON 25 May 2000
PROC~S-VERBIL OF RECTIFICATION
OF THE ORIGINAL OF THE PROTOCOL
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Optional Protocol to the
Convention on th Rights of the Child on
the involvement of children in armed
conflict, adopted by the General Assembly
of the United llations on 25 May 2000
(Protocol),
WHEREAS it appears that the original of
the Protocol (Chinese, English, French,
Russian and Spanish authentic texts)
contains an errcr in article 9 (3),
WHEREAS the corresponding proposed
correction has been communicated to all
interested States by depositary
notification C.M.592.2001.TREATIES-7 of
15 June 2001,
WHEREAS by 13 September 2001, the date
on which the 90-day period specified for
the notification of objections to the
proposed correction expired, no objection
had been notified,
HAS CAUSED the required correction as
indicated in the annex to this Proc~sverbal
to be effected in the original of
the Protocol (Chinese, English, French,
Russian and Spanish authentic texts),
which correcticn also applies to the
certified true copies of the Protocol
established on '. June 2000.
IN WITNESS WHEREOF, I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have signed this
Proc~s-verbal.
Done at the Headquarters of the United
Nations, New Yo:k, on
13 September 20)1.
PROTOCOLE FACULTATIF ~ LA CONVENTION
RELATIVE AUX DROITS DE L'ENFANT,
CONCERNANT L' IMPLICATION D' ENFANTS DANS
LES CONFLITS ARM~S
ADOPT~ PAR L'ASSEMBL~E G~N~RALE DES
NATIONS UNIES LE 25 MAI 2000
PROC~S-VERBAL DE RECTIFICATION
DE L'ORIGINAL DU PROTOCOLE
LE SECR~TAIRE G~N~RAL DE L'ORGANISATION
DES NATIONS UNIES, agissant en sa qualit~
de d~positaire du Protocole facultatif ~
la Convention relative aux droits de
l'enfant, concernant l'implication
d'enfants dans les conflits arm~s, adopt~
par l'Assembl~e g~n~rale des Nations Unies
le 25 mai 2000 (Protocole),
CONSID~RANT que l'original du Protocole
(textes authentiques anglais, chinois,
espagnol, fran~ais et russe) comporte une
erreur dans le troisi~me paragraphe de
l'article 9,
CONSID~RANT que la proposition de
correction correspondante a ~t~
communiqu~e ~ tous les ~tats int~ress~s
par la notification d~positaire C.N.592.
2001.TREATIES-7 en date du 15 juin 2001,
CONSID~RANT qu' au 13 septembre 200l,
date ~ laquelle le d~lai de 90 jours
sp~cifi~ pour la notification d'objections
la correction propos~e a expir~, aucune
objection n'a ~t~ notifi~e,
A FAIT PROC~DER dans l'original du
Protocole (textes authentiques anglais,
chinois, espagnol, fran~ais et russe) d la
correction requise, telle qu'indiqu~e en
annexe au pr~sent proc~s-verbal, laquelle
s'applique ~galement aux exemplaires
certifies conformes du Protocole ~tablis
le 1° juin 2000.
EN FOI DE QUOI, Nous,
Hans Corell, Secr~taire g~n~ral adjoint,
Conseiller juridique, avons sign~ le
pr~sent proc~s-verbal.
Fait au Si~ge de l'organisation des
Nations Unies, ~d New York, le
13 septembre 2001.
£0-, Hans Corell ·-Q....e_ \
- Texte A m&3&i3fc&£itt$-$j»$.
by:
foft* i&&Ztt%-®J*W.
- Texte A I'article remplacer :
'. . . pursuant to article by:
par:
'*. . . pursuant to article 3."
1-
Chinese authentic text -- Terte authentique chinois
• In article 9 (3), replace:
A I'article 9 3), remplacer :
by:
par:
English authentic text -- Terte authentique anglais
• In article 9 (3), replace:
A l'article 9 3), remplacer:
" ... pursuant to article 13."
by:
par:
« ... pursuantt t to arti'lcle3 ".
-IVolume
2171, A-27531
CONVENTION ON THE RIGHTS OF
THE CHILD. NEW YORK, 20 NOVEMBER
ON THE RIGHTS OF THE CHILD ON THE
AND CHILD PORNOGRAPHY. NEW YORK,
25 MAY 2000
force : 2002, 1) texts : ex officio, 18 2002
Multilateral
CONVENTION RELATIVE AUX
DROITS DE L'ENFANT. NEW YORK,
20 NOVEMBRE PROTOCOLE FACULTATIF A LA CONVENTION
RELATIVE AUX DROITS DE L'ENFANT,
CONCERNANT LA VENTE
D'ENFANTS, LA PROSTITUTION DES ENFANTS
ET LA PORNOGRAPHIE METTANT
EN SCENE DES ENFANTS. NEW YORK, 25
MAI 2000
Entree 18 janvier 2002,
1 larticle 14 (voir la suivante)
authentiques : arabe, chinois,
frangais, aupres Secrktariat
des Nations Unies d'office, janvier
2002
1. - Nations Recuel Traitds,
1-1.
Volume 2171, A-27531
No. 27531. Multilateral
NOVEMBER
1989'
OPTIONAL PROTOCOL TO THE CONVENTION
SALE OF CHILDREN, CHILD PROSTITUTION
Entry into force: 18 January in
accordance with article 14 (I) (see
following page)
Authentic texts: Arabic, Chinese,
English, French, Russian and Spanish
Registration with the Secretariat of the
United Nations : ex officio, 18 January
No. 27531. Multilat~ral
L'ENF ANT. 1989'
FACULTATIF ~ CONVENTION
L'ENFANT,
ENFANTS
SC~NE Entr~e en vigueur: 18 janvier conform~ment au paragraphe l de
l'article 14 (voir la page suivante)
Textes authentiques: arabe, chinois,
anglais, fran~ais, russe et espagnol
Enregistrement aupr~s du Secr~tariat
des Nations Unies : d'office, 18 janvier
I. United Nations, Treaty Series, vol. 1577, No. 1-27531 Nations Unies, Recueil des Trait~s,
vol. 1577, no I-2753 l.
227
Volume 2171, A-27531
ENGLISH TEXTE ]
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND
CHILD PORNOGRAPHY
Considering that, in order further to achieve 1, 11, should undertake in order to the Considering also that the Convention likely to be hazardous or to interfere Gravely concerned at the and prostitution
represented
other
importation,
child pornography
economic
enforcement
Volume 2171, 4-27531
[ ENGLISH TEXT - TEXTE ANGLAIS ]
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND
CHILD PORNOGRAPHY
The States Parties to the present Protocol,
Considering that, in order further to achieve the purposes of the Convention on the
Rights of the Child and the implementation of its provisions, especially articles I, I 1, 21,
32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties
should undertake in order to guarantee the protection of the child from the sale of children,
child prostitution and child pornography,
Considering also that the Convention on the Rights of the Child recognizes the right of
the child to be protected from economic exploitation and from performing any work that is
likely to be hazardous or to interfere with the child's education, or to be harmful to the
child's health or physical, mental, spiritual, moral or social development,
Gravely concerned at the significant and increasing international traffic of children for
the purpose of the sale of children, child prostitution and child pornography,
Deeply concerned at the widespread and continuing practice of sex tourism, to which
children are especially vulnerable, as it directly promotes the sale of children, child prostitution
and child pornography,
Recognizing that a number of particularly vulnerable groups, including girl children,
are at greater risk of sexual exploitation, and that girl children are disproportionately represented
among the sexually exploited,
Concerned about the growing availability of child pornography on the Internet and other
evolving technologies, and recalling the International Conference on Combating Child
Pornography on the Internet (Vienna, 1999) and, in particular, its conclusion calling for the
worldwide criminalization of the production, distribution, exportation, transmission, importation,
intentional possession and advertising of child pornography, and stressing the
importance of closer cooperation and partnership between Governments and the Internet
industry,
Believing that the elimination of the sale of children, chi Id prostitution and child pornography
will be facilitated by adopting a holistic approach, addressing the contributing
factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic
structure, dysfunctioning families, lack of education, urban-rural migration, gender
discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed
conflicts and trafficking of children,
Believing that efforts to raise public awareness are needed to reduce consumer demand
for the sale of children, child prostitution and child pornography, and also believing in the
importance of strengthening global partnership among all actors and of improving law enforcement
at the national level,
247
Volume 2171, A-27531
International
Recognition,
Convention
protection
at people
]
pornography
any
engaged
1 domestically
Volume 2171, A-27531
Noting the provisions of international legal instruments relevant to the protection of
children, including the Hague Convention on the Protection of Children and Cooperation
with Respect to Inter-Country Adoption, the Hague Convention on the Civil Aspects of International
Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Cooperation in Respect of Parental Responsibility and
Measures for the Protection of Children, and International Labour Organization Convention
No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour,
Encouraged by the overwhelming support for the Convention on the Rights of the
Child, demonstrating the widespread commitment that exists for the promotion and protection
of the rights of the child,
Recognizing the importance of the implementation of the provisions of the Programme
of Action for the Prevention of the Sale of Children, Child Prostitution and Child
Pornography and the Declaration and Agenda for Action adopted al the World Congress
against Commercial Sexual Exploitation of Children, held at Stockholm from 27 to 31
August 1996, and the other relevant decisions and recommendations of pertinent
international bodies,
Taking due account of the importance of the traditions and cultural values of each people
for the protection and harmonious development of the child,
Have agreed as follows:
Article 1
States Parties shall prohibit the sale of children, child prostitution and child pornography
as provided for by the present Protocol.
Article 2
For the purpose of the present Protocol:
(a) Sale of children means any act or transaction whereby a child is transferred by person or group of persons to another for remuneration or any other consideration;
(b) Child prostitution means the use of a child in sexual activities for remuneration or
any other form of consideration;
(c) Child pornography means any representation, by whatever means, of a child engaged
in real or simulated explicit sexual activities or any representation of the sexual parts
of a child for primarily sexual purposes.
Article 3
l . Each State Party shall ensure that, as a minimum, the following acts and activities
are fully covered under its criminal or penal law, whether these offences are committed domestically
or transnationally or on an individual or organized basis:
(a) In the context of sale of children as defined in Article 2:
248
purpose
of legal paragraph
present that adoption applicable international
1. Party jurisdiction
1, jurisdiction
paragraph 1, jurisdiction territory and it does not extradite him or her to another State Party on the ground that 4. This jurisdiction Volume 2171, A-27531
(i) The offering, delivering or accepting, by whatever means, a child for the purpose
of:
a. Sexual exploitation of the child;
b. Transfer of organs of the child for profit;
c. Engagement of the child in forced labour;
(ii) Improperly inducing consent, as an intermediary, for the adoption of a child
in violation of applicable international legal instruments on adoption;
(b) Offering, obtaining, procuring or providing a child for child prostitution, as
defined in Article 2;
(c) Producing, distributing, disseminating, importing, exporting, offering, selling
or possessing for the above purposes child pornography as defined in Article 2.
2. Subject to the provisions of a State Party's national law, the same shall apply to an
attempt to commit any of these acts and to complicity or participation in any of these acts.
3. Each State Party shall make these offences punishable by appropriate penalties that
take into account their grave nature.
4. Subject to the provisions of its national law, each State Party shall take measures,
where appropriate, to establish the liability oflegal persons for offences established in paragraph
I of the Article. Subject to the legal principles of the State Party, this liability
of legal persons may be criminal, civil or administrative.
5. States Parties shall take all appropriate legal and administrative measures to ensure
all persons involved in the of a child act in conformity with international
legal instruments.
Article 4
I . Each State shall take such measures as may be necessary to establish its jurisdiction
over the offences referred to in Article 3, paragraph I, when the offences are
committed in its territory or on board a ship or aircraft registered in that State.
2. Each State Party may take such measures as may be necessary to establish its jurisdiction
over the offences referred to in Article 3, I, in the following cases:
(a) When the alleged offender is a national of that State or a person who has his
habitual residence in its territory;
(b) When the victim is a national of that State.
3. Each State Party shall also take such measures as may be necessary to establish its
over the above-mentioned offences when the alleged offender is present in its
the
offence has been committed by one of its nationals.
Protocol does not exclude any criminal exercised in accordance
with internal law.
249
Volume 2171, A-27531
Article 5
1. The offences referred to in Article 3, paragraph 1, shall be deemed to be included
extradition subsequently concluded between
them, in accordance with the conditions set forth in those treaties.
a State Party that makes extradition conditional on the existence of a treaty receives
from another State with which it has no extradition
offences.
State.
on the existence of a between themselves to the
by the law of the requested State.
of extradition between States Parties,
an offence described in Article 3,
connection
offences
1 of the Article
facilitate
Volume 2171, A-27531
Article 5
1. The offences referred to in Article 3, paragraph I, shall be deemed to be included
as extraditable offences in any extradition treaty existing between States Parties and shall
be included as extraditable offences in every extradition treaty subsequently concluded between
them, in accordance with the conditions set forth in those treaties.
2. If a State Party that makes extradition conditional on the existence of a treaty receives
a request for extradition from another State Party with which it has no extradition
treaty, it may consider this Protocol as a legal basis for extradition in respect of such offences.
Extradition shall be subject to the conditions provided by the law of the requested
State.
3. States Parties that do not make extradition conditional on the existence of a treaty
shall recognize such offences as extraditable offences between themselves subject to the
conditions provided by the law of the requested State.
4. Such offences shall be treated, for the purpose of extradition between States Parties,
as if they had been committed not only in the place in which they occurred but also in the
territories of the States required to establish their jurisdiction in accordance with Article 4.
5. If an extradition request is made with respect to an offence described in Article 3,
paragraph 1, and if the requested State Party does not or will not extradite on the basis of
the nationality of the offender, that State shall take suitable measures to submit the case to
its competent authorities for the purpose of prosecution.
Article 6
1. States Parties shall afford one another the greatest measure of assistance in connection
with investigations or criminal or extradition proceedings brought in respect of the offences
set forth in Article 3, paragraph 1, including assistance in obtaining evidence at their
disposal necessary for the proceedings.
2. States Parties shall carry out their obligations under paragraph 1 of the present Article
in conformity with any treaties or other arrangements on mutual legal assistance that
may exist between them. In the absence of such treaties or arrangements, States Parties
shall afford one another assistance in accordance with their domestic law.
Article 7
States Parties shall, subject to the provisions of their national law:
(a) Take measures to provide for the seizure and confiscation, as appropriate, of:
(i) Goods such as materials, assets and other instrumentalities used to commit or facilitate
offences under the present Protocol;
(ii) Proceeds derived from such offences;
(b) Execute requests from another State Party for seizure or confiscation of goods or
proceeds referred to in subparagraph (a) (i);
250
A-Article 8
1 child victims of the practices prohibited under the present Protocol at all of the criminal
recognize
(c) Allowing the views, needs and concerns of child victims to be and
considered in proceedings where their personal interests are affected, in a mariner consistent
(d) Providing appropriate support services to child victims the (e) Protecting, as appropriate, the privacy and of child victims and information
victims.
establishing
3. States Parties shall ensure that, in the treatment by the criminal of
of the child shall be a consideration.
prohibited
safety
protection
Volume 2171, 4A-27531
(c) Take measures aimed at closing, on a temporary or definitive basis, premises used
to commit such offences.
Article 8
I . States Parties shall adopt appropriate measures to protect the rights and interests of
child victims of the practices prohibited under the present Protocol at all stages of the criminal
justice process, in particular by:
(a) Recognizing the vulnerability of child victims and adapting procedures to recognize
their special needs, including their special needs as witnesses;
(b) Informing child victims of their rights, their role and the scope, timing and
progress of the proceedings and of the disposition of their cases;
( c) Allowing the views, needs and concerns of chi Id victims to be presented and
considered in proceedings where their personal interests are affected, in a mariner consistent
with the procedural rules of national law;
(d) Providing appropriate support services to child victims throughout the legal
process;
(e) Protecting, as appropriate, the privacy and identity of child victims and taking
measures in accordance with national law to avoid the inappropriate dissemination of information
that could lead to the identification of child victims;
(f) Providing, in appropriate cases, for the safety of child victims, as well as that
of their families and witnesses on their behalf, from intimidation and retaliation;
(g) Avoiding unnecessary delay in the disposition of cases and the execution of
orders or decrees granting compensation to child vietims.
2. States Parties shall ensure that uncertainty as to the actual age of the victim shall
not prevent the initiation of criminal investigations, including investigations aimed at establishing
the age of the victim.
3. States Parties shall ensure that, in the treatment by the criminal justice system of
children who are victims of the offences described in the present Protocol, the best interest
of the child shall be a primary consideration.
4. States Parties shall take measures to ensure appropriate training, in particular legal
and psychological training, for the persons who work with victims of the offences prohibited
under the present Protocol.
5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety
and integrity of those persons and/or organizations involved in the prevention and/or protection
and rehabilitation of victims of such offences.
6. Nothing in the present Article shall be construed as prejudicial to or inconsistent
with the rights of the accused to a fair and impartial trial.
251
2171, 1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative
measures, social policies and programmes to prevent the offences referred to in the
present Protocol. Particular attention shall be given to vulnerable to these practices.
2. States Parties shall promote awareness in the public at large, including children,
information measures and harmful effects of the offences referred to in the Protocol. In fulfilling
their the community and, in children and child victims, in education
and training including at the international level.
appropriate
assistance to victims of such offences, including full present Protocol compensation
for damages from those legally responsible.
5. States present,
10
1. by multilateral, and bilateral for the investigation,
children,
child promote international cooperation and coordination between international 2. States Parties shall promote international cooperation 3. States Parties shall the to address the vulnerability
4. assistance
11
in the Protocol shall affect any provisions that are more conducive to
Volume 2 /71, A-27531
Article 9
I. States Parties shall adopt or strengthen, implement and disseminate laws, administrative
measures, social policies and programmes to prevent the offences referred to in the
present Protocol. Particular attention shall be given to protect children who are especially
vulnerable to these practices.
2. States Parties shall promote awareness in the public at large, including children,
through information by all appropriate means, education and training, about the preventive
measures and harmful effects of the offences referred to in the present Protocol. In fulfilling
their obligations under this Article, States Parties shall encourage the participation of
the community and, in particular, children and child victims, in such information and education
and training programmes, including at the international level.
3. States Parties shall take all feasible measures with the aim of ensuring all appropriate
assistance to victims of such offences, including their full social reintegration and their
full physical and psychological recovery.
4. States Parties shall ensure that all child victims of the offences described in the
present Protocol have access to adequate procedures to seek, without discrimination, compensation
for damages from those legally responsible.
5. States Parties shall take appropriate measures aimed at effectively prohibiting the
production and dissemination of material advertising the offences described in the present.
Protocol.
Article JO
I. States Parties shall take all necessary steps to strengthen international cooperation
by multilateral, regional and bilateral arrangements for the prevention, detection, investigation,
prosecution and punishment of those responsible for acts involving the sale of children,
child prostitution, child pornography and child sex tourism. States Parties shall also
promote international cooperation and coordination between their authorities, national and
international non-governmental organizations and international organizations.
2. States Parties shall promote international cooperation to assist child victims in their
physical and psychological recovery, social reintegration and repatriation.
3. States Parties shall promote the strengthening of international cooperation in order
to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability
of children to the sale of children, child prostitution, child pornography and child
sex tourism.
4. States Parties in a position to do so shall provide financial, technical or other assistance
through existing multilateral, regional, bilateral or other programmes.
Article 1 I
Nothing in the present Protocol shall affect any provisions that are more conducive to
the realization of the rights of the child and that may be contained in:
252
(a) The law of a State Party;
(b) International law in force for that State.
Article 12
1 . Each State Party shall submit, within two years following the entry into force of
providing
provisions
of the Protocol.
include
in the they submit to the Committee on the of accordance
implementation
of the Protocol. Other States Parties to the Protocol shall submit a report every five
years.
Convention
accession
1. 1. notification
denunciation
Secretary-
denunciation Volume 2171, A-27531
(a) The law of a State Party;
(b) International law in force for that State.
Article 12
I . Each State Party shall submit, within two years following the entry into force of
the Protocol for that State Party, a report to the Committee on the Rights of the Child providing
comprehensive information on the measures it has taken to implement the provisions
of the Protocol.
2. Following the submission of the comprehensive report, each State Party shall include
in the reports they submit to the Committee on the Rights of the Child, in aceordance
with Article 44 of the Convention, any further information with respect to the implementation
of the Protocol. Other States Parties to the Protocol shall submit a report every five
years.
3. The Committee on the Rights of the Child may request from States Parties further
information relevant to the implementation of this Protocol.
Article 13
I. The present Protocol is open for signature by any State that is a party to the Convention
or has signed it.
2. The present Protocol is subject to ratification and is open to accession by any State
that is a party to the Convention or has signed it. Instruments of ratification or aecession
shall be deposited with the Secretary-General of the United Nations.
Article 14
I. The present Protocol shall enter into force three months after the deposit of the tenth
instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into
force, the present Protocol shall enter into force one month after the date of the deposit of
its own instrument of ratification or accession.
Article 15
I. Any State Party may denounce the present Protocol at any time by written notification
to the Secretary-General of the United Nations, who shall thereafter inform the other
States Parties to the Convention and all States that have signed the Convention. The denunciation
shall I take effect one year after the date of receipt of the notification by the Secretary-
General of the United Nations.
2. Such a denunciation shall not have the effect of releasing the State Party from its
obligations under this Protocol in regard to any offence that occurs prior to the date on
which the denuneiation becomes effective. Nor shall such a denunciation prejudice in any
253
2171, conference
conference
Assembly
1. The present English, present Protocol to all States Parties to the Convention and all States that have signed the
Volume 217 I, A-27531
way the continued consideration of any matter that is already under consideration by the
Committee prior to the date on which the denunciation becomes effective.
Article 16
1. Any State Party may propose an amendment and file it with the Secretary-General
of the United Nations. The Secretary-General shall thereupon communicate the proposed
amendment to States Parties, with a request that they indicate whether they favour a conference
of States Parties for the purpose of considering and voting upon the proposals. In
the event that, within four months from the date of such communication, at least one third
of the States Parties favour such a conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment adopted by a majority
of States Parties present and voting at the conference shall be submitted to the General Assembly
for approval.
2. An amendment adopted in accordance with paragraph I of the present Article shall
enter into force when it has been approved by the General Assembly of the United Nations
and accepted by a two-thirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on those States Parties
that have accepted it, other States Parties still being bound by the provisions of the present
Protocol and any earlier amendments that they have accepted.
Article 17
Protocol, of which the Arabic, Chinese, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the
Convention.
254
(IV.11.c)
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Reference: C.N.540.2000.TREATIES-8 (Depositary Notification)
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD
PORNOGRAPHY
NEW YORK, 25 MAY 2000
PROPOSAL OF CORRECTIONS TO THE ORIGINAL OF THE PROTOCOL
(ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN AND SPANISH AUTHENTIC TEXTS) AND
TO THE CERTIFIED TRUE COPIES
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to certain errors in some articles
of the Arabic, Chinese, English, French, Russian and Spanish authentic texts of the original of the
Protocol as reproduced in the certified true copies circulated by depositary notification
C.N.496.2000.TREATIES-7 of 12 July 2000.
..... The Annex to this notification contains the text of the relevant articles of the Protocol and the
proposed corrections.
In accordance with the established depositary practice, unless there is an objection to effecting
a particular correction from a signatory State or a contracting State, the Secretary-General proposes to
effect, in the relevant articles of the Arabic, Chinese, English, French, Russian and Spanish authentic
texts of the original of the Protocol, the proposed corrections. Such corrections would also apply to the
certified true copies.
Any objection should be communicated to the Secretary-General within 90 days of the present
notification, i.e., no later than Tuesday, 14 November 2000.
16 August 2000
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OIT
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
(IV.11.c)
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Reference: C.N.1032.2000.TREATIES-72 (Depositary Notification)
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE
CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD
PORNOGRAPHY
NEW YORK, 25 MAY 2000
RECTIFICATION OF THE ORIGINAL OF THE PROTOCOL
(ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN AND SPANISH AUTHENTIC TEXTS) AND
TRANSMISSION OF THE RELEVANT PROCÈS-VERBALi
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
By 14 November 2000, the date on which the 90-day period specified for the notification of
objections to the proposed corrections expired, no objections had been notified to the
Secretary-General.
Consequently, the Secretary-General has effected the required corrections in the original of the
Protocol (Arabic, Chinese, English, French, Russian and Spanish authentic texts) as well as in the
..... certified true copies. The corresponding Procès-verbal of rectification is transmitted herewith.
14 November 2000
1 Refer to depositary notification C.N.540.2000.TREATIES-8 of 16 August 2000 (Proposal
of corrections to the original of the Protocol (Arabic, Chinese, English, French, Russian and Spanish
authentic texts) and to the certified true copies).
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OIT
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
UNITED NATIONS
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE SALE
OF CHILDREN, CHILD PROSTITUTION AND
CHILD PORNOGRAPHY
ADOPTED BY THE GENERAL ASSEMBLY OF THE
UNITED NATIONS ON 25 May 2000
PROCES-VERBAL OF RECTIFICATION
OF THE ORIGINAL OF THE PROTOCOL
NATIONS UNIES
PROTOCOLS FACULTATIF A LA CONVENTION
RELATIVE AUX DROITS DE L'ENFANT,
CONCERNANT LA VENTE D'ENFANTS,
LA PROSTITUTION DES ENFANTS ET LA
PORNOGRAPHIE METTANT EN SCENE
DES ENFANTS
ADOPTS PAR L'ASSEMBLES GENERALS DES
NATIONS UNIES LE 25 MAI 2000
PROCES-VERBAL DB RECTIFICATION
DE L'ORIGINAL DU PROTOCOLS
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Optional Protocol to the
Convention on the Rights of the Child on
the sale of children, child prostitution
and child pornography, adopted by the
General Assembly of the United Nations on
25 2000 (Protocol),
WHEREAS it appears that the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts) contains errors,
WHEREAS the corresponding proposed
corrections have been communicated to all
interested States by depositary
notification C.N.540.2000.TREATIES-8 of
16 August 2000,
WHEREAS by 14 November 2000, the date on
which the 90-day period specified for the
notification of objections to the proposed
corrections expired, no objection had been
notified,
HAS CAUSED the required corrections as
indicated in the annex to this Procesverbal
to be effected in the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts), which corrections also apply to
the certified true copies of the Protocol
established on 1 June 2000.
I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have signed this
Proces-verbal.
Done at the Headquarters of the United
Nations, New York, on
14 November 2000.
LE SECRETAIRE GENERAL DE L1 ORGANISATION
DES NATIONS UNIES, agissant en sa qualite
de depositaire du Protocole facultatif a
la Convention relative aux droits de
1'enfant, concernant la vente d'enfants,
la prostitution des enfants et la
pornographie mettant en scene des enfants,
adopte par 1'Asaemblee generale des
Nations Unies le 25 mai 2000 (Protocole),
CONSIDERANT que I1 original du Protocole
(textes authentiques anglais, arabe,
chinois, espagnol, francais et russe)
comporte des erreurs,
CONSIDERANT que lea propositions de
corrections correspondantes ont ete
communiquees a tous lea Stats interesses
par la notification depositaire C.N.540.
2000.TREATIES-8 en date du 16 aoQt 2000,
CONSIDERANT qu'au 14 novembre 2000, date
a laquelle le delai de 90 jours specific
pour la notification d'objections aux
corrections proposees a expire, aucune
objection n'a ete notifiee,
A FAIT PROCEDER dans 1'original du
Protocole (textes authentiques anglais,
arabe, chinois, espagnol, francais et
russe) aux corrections requises, telles
qu'indiquees en annexe au present procesverbal,
lesquelles s'appliquent egalement
aux exemplaires certifies conformes du
Protocole etablis le 1" juin 2000.
EN FOI DE QUOI, NOU3,
Hans Corell, Secretaire general adjoint,
Conseiller juridique, avons signe le
present proces-verbal.
__Fait au Siege de 1'Organisation des
"~i.ons Unies, a New York, le
novfimbre 2000.
Hans Corell
UNITED NATIONS NATIONS UNIES
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE SALE
OF CHILDREN, CHILD PROSTITUTION AND
CHILD PORNOGRAPHY
ADOPTED BY THE GENERAL ASSEMBLY OF THE
UNITED NATIONS ON 25 May 2000
PROC~S-VERBAL OF RECTIFICATION
OF THE ORIGINAL OF THE PROTOCOL
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Optional Protocol to the
Convention on the Rights of the Child on
the sale of children, child prostitution
and child pornography, adopted by the
General Assembly of the United Nations on
25 May 2000 (Protocol),
WHEREAS it appears that the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts) contains errors,
WHEREAS the corresponding proposed
corrections have been communicated to all
interested States by depositary
notification C.N.540.2000.TREATIES-8 of
16 August 2000,
WHEREAS by 14 November 2000, the date on
which the 90-day period specified for the
notification of objections to the proposed
corrections expired, no objection had been
notified,
HAS CAUSED the required corrections as
indicated in the annex to this Proc~sverbal
to be effected in the original of
the Protocol (Arabic, Chinese, English,
French, Russian and Spanish authentic
texts), which corrections also apply to
the certified true copies of the Protocol
established on 1 June 2000.
IN WITNESS WHEREOF, I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have signed this
Proc~s-verbal.
Done at the Headquarters of the United
Nations, New York, on
14 November 2000.
PROTOCOLE FACULTATIF ~A LA CONVENTION
RELATIVE AUX DROITS DE L' ENFANT,
CONCERNANT LA VENTE D' ENFANTS,
LA PROSTITUTION DES ENFANTS ET LA
PORNOGRAPHIE METTANT EN SCENE
DES ENFANTS
ADOPT~ PAR L' ASSEMBL~E G~N~RALE DES
NATIONS UNIES LE 25 MAI 2000
PROC~S-VERBAL DE RECTIFICATION
DE L'ORIGINAL DU PROTOCOLE
LE SECR~TAIRE G~N~RAL DE L' ORGANISATION
DES NATIONS UNIES, agissant en sa qualit~
de d~positaire du Protocole facultatif ~
ia Convention relative aux droi ts de
l'enfant, concernant la vente d' enfants,
la prostitution des enfants et la
pornographie mettant en scene des enfants,
adopt~ par l'Assembl~e g~n~rale des
Nations Unies le 25 mai 2000 (Protocole),
CONSID~RANT que l'original du Protocole
(textes authentiques anglais, arabe,
chinois, espagnol, franais et russe)
comporte des erreurs,
CONS ID~RANT que les propositions de
corrections correspondantes ont ~t~
communiqu~es ~ tous les ~tats int~ress~s
par la notification d~positaire C.N.540.
2000.TREATIES-8 en date du 16 ao0t 2000,
CONS ID~RANT qu' au 14 novembre 2000, date
~d laquelle le d~lai de 90 jours sp~cifi~
pour la notification d'objections aux
corrections propos~es a expire, aucune
objection n'a ~t~ notifi~e,
A FAIT PROC~DER dans l'original du
Protocole (textes authentiques anglais,
arabe, chinois, espagnol, franais et
russe) aux corrections requises, telles
qu'indiqu~es en annexe au pr~sent proc~sverbal,
lesquelles s'appliquent ~galement
aux exemplaires certifies conformes du
Protocole ~tablis le 1°5 juin 2000.
EN FOI DE QUOI, Nous,
Hans Corell, Secr~taire g~n~ral adjoint,
Conseiller juridique, avons sign~ le
pr~sent proc~s-verbal.
Fait au Si~ge de l'Organisation des
Unies, ~ New York, le
±±wre 2000.
Hans Corell
1032.2000.a 1'pornographic scene C.N. 1032.2000.TREATIES-72 (Annex - Annexe)
Corrections to the Optional Protocol to the Convention on the Rights
of the Child on the sale of children, child prostitution and child pornography
Corrections au Protocole facultatif a la Convention relative aux droits de I' enfant,
concernant la vente d'enfants, la prostitution des enfants et
la pornographie mettant en sc~ne des enfants
- A I'article by:
2-
English authentic text -- texte authentique anglais
In article 7 (b), replace:
A l'article 7 b), remplacer :
"Execute requests from another State Party for seizure or confiscation of goods or
proceeds referred to in subparagraph (a) (i)"
by:
par:
"Execute requests from another State Party for seizure or confiscation of goods or
proceeds referred to in subparagraph (a)"
-2Volume
2983, A-27531
131
OPTIONAL PROTOCOL TO THE CONVENTION ON
THE RIGHTS OF THE CHILD ON A
COMMUNICATIONS PROCEDURE. NEW YORK,
19 DECEMBER 2011
PROTOCOLE FACULTATIF À LA CONVENTION
RELATIVE AUX DROITS DE L’ENFANT
ÉTABLISSANT UNE PROCÉDURE DE
PRÉSENTATION DE COMMUNICATIONS.
NEW YORK, 19 DÉCEMBRE 2011
Entry into force: 14 April 2014, in accordance
with article 19(1)
Entrée en vigueur : 14 avril 2014,
conformément au paragraphe 1 de l'article 19
Authentic texts: Arabic, Chinese, English,
French, Russian and Spanish
Textes authentiques : arabe, chinois, anglais,
français, russe et espagnol
Registration with the Secretariat of the
United Nations: ex officio, 14 April 2014
Enregistrement auprès du Secrétariat de
l'Organisation des Nations Unies : d'office,
14 avril 2014
Volume 2983, A-27531
157
[ ENGLISH TEXT – TEXTE ANGLAIS ]
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD
ON A COMMUNICATIONS PROCEDURE
The States parties to the present Protocol,
Considering that, in accordance with the principles proclaimed in the
Charter of the United Nations, the recognition of the inherent dignity and the
equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Noting that the States parties to the Convention on the Rights of the
Child (hereinafter referred to as "the Convention") recognize the rights set
forth in it 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,
Reaffirming the universality, indivisibility, interdependence and
interrelatedness of all human rights and fundamental freedoms,
Reaffirming also the status of the child as a subject of rights and as a
human being with dignity and with evolving capacities,
Recognizing that children's special and dependent status may create real
difficulties for them in pursuing remedies for violations of their rights,
Considering that the present Protocol will reinforce and complement
national and regional mechanisms allowing children to submit complaints for
violations of their rights,
Recognizing that the best interests of the child should be a primary
consideration to be respected in pursuing remedies for violations of the rights
of the child, and that such remedies should take into account the need for
child-sensitive procedures at all levels,
Encouraging States parties to develop appropriate national mechanisms
to enable a child whose rights have been violated to have access to effective
remedies at the domestic level,
Volume 2983, A-27531
158
Recalling the important role that national human rights institutions and
other relevant specialized institutions, mandated to promote and protect the
rights of the child, can play in this regard,
Considering that, in order to reinforce and complement such national
mechanisms and to further enhance the implementation of the Convention and,
where applicable, the Optional Protocols thereto on the sale of children, child
prostitution and child pornography and on the involvement of children in
armed conflict, it would be appropriate to enable the Committee on the Rights
of the Child (hereinafter referred to as "the Committee") to carry out the
functions provided for in the present Protocol,
Have agreed as follows:
PARTI
GENERAL PROVISIONS
ARTICLE 1
COMPETENCE OF THE COMMITTEE ON THE
RIGHTS OF THE CHILD
I. A State party to the present Protocol recognizes the competence of the
Committee as provided for by the present Protocol.
2. The Committee shall not exercise its competence regarding a State party
to the present Protocol on matters concerning violations of rights set forth in
an instrument to which that State is not a party.
3. No communication shall be received by the Committee if it concerns a
State that is not a party to the present Protocol.
ARTICLE2
GENERAL PRINCIPLES GUIDING THE FUNCTIONS
OF THE COMMITTEE
In fulfilling the functions conferred on it by the present Protocol, the
Committee shall be guided by the principle of the best interests of the child. It
shall also have regard for the rights and views of the child, the views of the
child being given due weight in accordance with the age and maturity of the
child.
Volume 2983, A-27531
159
ARTICLE 3
RULES OF PROCEDURE
I. The Committee shall adopt rules of procedure to be followed when
exercising the functions conferred on it by the present Protocol. ln doing so, it
shall have regard, in particular, for article 2 of the present Protocol in order to
guarantee child-sensitive procedures.
2. The Committee shall include in its rules of procedure safeguards to
prevent the manipulation of the child by those acting on his or her behalf and
may decline to examine any communication that it considers not to be in the
child's best interests.
ARTICLE 4
PROTECTION MEASURES
I. A State party shall take all appropriate steps to ensure that individuals
under its jurisdiction are not subjected to any human rights violation, illtreatment
or intimidation as a consequence of communications or cooperation
with the Committee pursuant to the present Protocol.
2. The identity of any individual or group of individuals concerned shall
not be revealed publicly without their express consent.
PART 11
COMMUNICATIONS PROCEDURE
ARTICLES
INDIVIDUAL COMMUNICATIONS
I. Communications may be submitted by or on behalf of an individual or
group of individuals, within the jurisdiction of a State party, claiming to be
victims of a violation by that State party of any of the rights set forth in any of
the following instruments to which that State is a party:
(a) The Convention;
(b) The Optional Protocol to the Convention on the sale of children,
child prostitution and child pornography;
(c) The Optional Protocol to the Convention on the involvement of
children in armed conflict.
Volume 2983, A-27531
160
2. Where a communication is submitted on behalf of an individual or group
of individuals, this shall be with their consent unless the author can justify
acting on thcir behalf without such consent.
ARTICLE 6
INTERIM MEASURES
I. At any time after the receipt of a communication and before a
determination on the merits has been reached, the Committee may transmit to
the State party concerned for its urgent consideration a request that the State
party take such interim measures as may be necessary in exceptional
cireumstances to avoid possible irreparable damage to the victim or victims of
the alleged violations.
2. Where the Committee exercises its discretion under paragraph l of the
present article, this does not imply a determination on admissibility or on the
merits of the communication.
ARTICLE 7
ADMISSIBILITY
The Committee shall consider a communication inadmissible when:
(a) The communication is anonymous;
(b) The communication is not in writing;
(c) The communication constitutes an abuse of the right of
submission of such communications or is incompatible with the provisions of
the Convention and/or the Optional Protocols thereto;
(a) The same matter has already been examined by the Committee or
has been or is being examined under another procedure of international
investigation or settlement;
(e) All available domestic remedies have not been exhausted. This
shall not be the rule where the application of the remedies is unreasonably
prolonged or unlikely to bring effective relief;
() The communication is manifestly ill-founded or not sufficiently
substantiated;
Volume 2983, A-27531
161
(g) The facts that are the subject of the communication occurred prior
to the entry into force of the present Protocol for the State party concerned,
unless those facts continued after that date;
(h) The communication is not submitted within one year after the
exhaustion of domestic remedies, except in cases where the author can
demonstrate that it had not been possible to submit the communication within
that time limit.
ARTICLE 8
TRANSMISSION OF THE COMMUNICATION
I. Unless the Committee considers a communication inadmissible without
reference to the State party concerned, the Committee shall bring any
communication submitted to it under the present Protocol confidentially to the
attention of the State party concerned as soon as possible.
2. The State party shall submit to the Committee written explanations or
statements clarifying the matter and the remedy, if any, that it may have
provided. The State party shall submit its response as soon as possible and
within six months.
ARTICLE 9
FRIENDLY SETTLEMENT
I. The Committee shall make available its good offices to the parties
concerned with a view to reaching a friendly settlement of the matter on the
basis of respect for the obligations set forth in the Convention and/or the
Optional Protocols thereto.
2. An agreement on a friendly settlement reached under the auspices of the
Committee closes consideration of the communication under the present
Protocol.
ARTICLE 10
CONSIDERATION OF COMMUNICATIONS
I. The Committee shall consider communications received under the
present Protocol as quickly as possible, in the light of all documentation
submitted to it, provided that this documentation is transmitted to the parties
concerned.
Volume 2983, A-27531
162
2. The Committee shall hold closed meetings when examining
communications received under the present Protocol.
3. Where the Committee has requested interim measures, it shall expedite
the consideration of the communication.
4. When examining communications alleging violations of economic,
social or cultural rights, the Committee shall consider the reasonableness of the
steps taken by the State party in accordance with article 4 of the Convention.
In doing so, the Committee shall bear in mind that the State party may adopt a
range of possible policy measures for the implementation of the economic,
social and cultural rights in the Convention.
5. After examining a communication, the Committee shall, without delay,
transmit its views on the communication, together with its recommendations, if
any, to the parties concerned.
ARTICLE 11
FOLLOW-UP
1. The State party shall give due consideration to the views of the
Committee, together with its recommendations, if any, and shall submit to the
Committee a written response, including information on any action taken and
envisaged in the light of the views and recommendations of the Committee.
The State party shall submit its response as soon as possible and within six
months.
2. The Committee may invite the State party to submit further information
about any measures the State party has taken in response to its views or
recommendations or implementation of a friendly settlement agreement, if any,
including as deemed appropriate by the Committee, in the State party's
subsequent reports under article 44 of the Convention, article 12 of the
Optional Protocol to the Convention on the sale of children, child prostitution
and child pornography or article 8 of the Optional Protocol to the Convention
on the involvement of children in armed conflict, where applicable.
ARTICLE 12
INTER-STATE COMMUNICATIONS
I., A State party to the present Protocol may, at any time, declare that it
recognizes the competence of the Committee to receive and consider
Volume 2983, A-27531
163
communications in which a State party claims that another State party is not
fulfilling its obligations under any of the following instruments to which the
State is a party:
(a) The Convention;
(b) The Optional Protocol to the Convention on the sale of children,
child prostitution and child pornography;
(c) The Optional Protocol to the Convention on the involvement of
children in armed conflict,
2. The Committee shall not receive communications concerning a State
party that has not made such a declaration or communications from a State
party that has not made such a declaration.
3. The Committee shall make available its good offices to the States parties
concerned with a view to a friendly solution of the matter on the basis of the
respect for the obligations set forth in the Convention and the Optional
Protocols thereto.
4. A declaration under paragraph l of the present article shall be deposited
by the States parties with the Secretary-General of the United Nations, who
shall transmit copies thereof to the other States parties, A declaration may be
withdrawn at any time by notification to the Secretary-General. Such a
withdrawal shall not prejudice the consideration of any matter that is the
subjcct of a communication already transmitted under the present article; no
further communications by any State party shall be received under the present
article after the notification of withdrawal of the declaration has been received
by the Secretary-General, unless the State party concerned has made a new
declaration.
PART IHI
INQUIRY PROCEDURE
ARTICLE 13
INQUIRY PROCEDURE FOR GRAVE OR SYSTEMATIC VIOLATIONS
I. If the Committee receives reliable information indicating grave or
systematic violations by a State party of rights set forth in the Convention or in
the Optional Protocols thereto on the sale of children, child prostitution and
child pornography or on the involvement of children in armed conflict, the
Committee shall invite the State party to cooperate in the examination of the
Volume 2983, A-27531
164
information and, to this end, to submit observations without delay with regard
to the information concerned.
2. Taking into account any observations that may have been submitted by
the State party concerned, as well as any other reliable information available to
it, the Committee may designate one or more of its members to conduct an
inquiry and to report urgently to the Committee. Where warranted and with the
consent of the State party, the inquiry may include a visit to its territory.
3. Such an inquiry shall be conducted confidentially, and the cooperation
of the State party shall be sought at all stages of the proceedings.
4. After examining the findings of such an inquiry, the Committee shall
transmit without delay these findings to the State party concerned, together
with any comments and recommendations.
5. The State party concerned shall, as soon as possible and within six
months of receiving the findings, comments and recommendations transmitted
by the Committee, submit its observations to the Committee.
6. After such proceedings have been completed with regard to an inquiry
made in accordance with paragraph 2 of the present article, the Committee
may, after consultation with the State party concerned, decide to include a
summary account of the results of the proceedings in its report provided for in
article I6 of the present Protocol.
7. Each State party may, at the time of signature or ratification of the
present Protocol or accession thereto, declare that it does not. recognize the
competence of the Committee provided for in the present article in respect of
the rights set forth in some or all of the instruments listed in paragraph I.
8. Any State party having made a declaration in accordance with paragraph
7 of the present article may, at any time, withdraw this declaration by
notification to the Secretary-General of the United Nations.
ARTICLE 14
FOLLOW-UP TO THE INQUIRY PROCEDURE
I. The Committee may, if necessary, after the end of the period of six
months referred to in article 13, paragraph 5, invite the State party concerned
to inform it of the measures taken and envisaged in response to an inquiry
conducted under article 13 of the present Protocol.
Volume 2983, A-27531
165
2. The Committee may invite the State party to submit further infonnation
about any measures that the State party has taken in response to an inquiry
conducted under article 13, including as deemed appropriate by the
Committee, in the Slate party's subsequent reports under article 44 of the
Convention, article 12 of the Optional Protocol to the Convention on the sale
of children, child prostitution and child pornography or article 8 of the
Optional Protocol to the Convention on the involvement of children in armed
conflict, where applicable.
PART IV
FINAL PROVISIONS
ARTICLE 15
INTERNATIONAL ASSISTANCE AND COOPERATION
I. The Committee may transmit, with the consent of the State party
concerned, to United Nations specialized agencies, funds and programmes and
other competent bodies its views or recommendations concerning
communications and inquiries that indicate a nccd for technical advice or
assistance, together with the State party's observations and suggestions, if any,
on these views or recommendations.
2. The Committee may also bring to the attention of such bodies, with the
consent of the State party concerned, any matter arising out of communications
considered under the present Protocol that may assist them in deciding, each
within its field of competence, on the advisability of international measures
likely to contribute to assisting States parties in achieving progress in the
implementation of the rights recognized in the Convention and/or the Optional
Protocols thereto,
ARTICLE I6
REPORT TO THE GENERAL ASSEMBLY
The Committee shall include in its report submitted every two years to
the General Assembly in accordance with article 44, paragraph 5, of the
Convention a summary of its activities under the present Protocol.
Volume 2983, A-27531
166
ARTICLE 17
DISSEMINATION OF AND INFORMATION ON THE
OPTIONAL PROTOCOL
Each State party undertakes to make widely known and to disseminate
the present Protocol and to facilitate access to information about the views and
recommendations of the Committee, in particular with regard to matters
involving the State party, by appropriate and active means and in accessible
formats to adults and children alike, including those with disabilities.
ARTICLE 18
SIGNATURE, RATIFICATION AND ACCESSION
I. The present Protocol is open for signature to any State that has signed,
ratified or acceded to the Convention or either of the first two Optional
Protocols thereto.
2. The present Protocol is subject to ratification by any State that has
ratified or acceded to the Convention or either of the first two Optional
Protocols thereto. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
3. The present Protocol shall be open to accession by any State that has
ratified or acceded to the Convention or either of the first two Optional
Protocols thereto.
4. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General.
ARTICLE 19
ENTRY INTO FORCE
I. The present Protocol shall enter into force three months after the deposit
of the tenth instrument of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after the
deposit of the tenth instrument of ratification or instrument of accession, the
present Protocol shall enter into force three months after the date of the deposit
of its own instrument of ratification or accession.
Volume 2983, A-27531
167
ARTICLE 20
VIOLATIONS OCCURRING AFTER THE ENTRY INTO FORCE
1. The Committee shall have competence solely in respect of violations by
the State party of any of the rights set forth in the Convention and/or the first
two Optional Protocols thereto occurring after the entry into force of the
present Protocol
2. If a State becomes a party to the present Protocol after its entry into
force, the obligations of that State vis-~-vis the Committee shall relate only to
violations of the rights set forth in the Convention and/or the first two Optional
Protocols thereto occurring after the entry into force of the present Protocol for
the State concerned.
ARTICLE 21
AMENDMENTS
I. Any State party may propose an amendment to the present Protocol and
submit it to the Secretary-General of the United Nations. The SecretaryGeneral
shall communicate any proposed amendments to States parties with a
request to be notified whether they favour a meeting of States parties for the
purpose of considering and deciding upon the proposals. In the event that,
within four months of the date of such communication, at least one third of the
States parties favour such a meeting, the Secretary-General shall convene the
meeting under the auspices of the United Nations. Any amendment adopted by
a majority of two thirds of the States parties present and voting shall be
submitted by the Secretary-General to the General Assembly for approval and,
thcrcafter, to all States parties for acceptance.
2. An amendment adopted and approved in accordance with paragraph I of
the present article shall enter into force on the thirtieth day after the number of
instruments of acceptance deposited reaches two thirds of the number of States
parties at the date of adoption of the amendment. Thereafter, the amendment
shall enter into force for any State party on the thirtieth day following the
dcposit of its own instrument of acceptance. An amendment shall be binding
only on those States parties that have accepted it.
ARTICLE 22
DENUNCIATION
I. Any State party may denounce the present Protocol at any time by
written notification to the Secretary-General of the United Nations. The
Volume 2983, A-27531
168
denunciation shall take effect one year after the date of receipt of the
notification by the Secretary-General.
2. Denunciation shall be without prejudice to the continued application of
the provisions of the prcscnl Protocol to any communication submitted under
articles 5 or 12 or any inquiry initiated under article 13 before the effective
date of denunciation.
ARTICLE 23
DEPOSITARY AND NOTIFICATION BY THE SECRETARY-GENERAL
I. The Secretary-General of the United Nations shall be the depositary of
the present Protocol.
2, The Secretary-General shall inform all States of:
(a) Signatures, ratifications and accessions under the present
Protocol;
(b) The date of entry into force of the present Protocol and of any
amendment thereto under article 21;
(c) Any denunciation under article 22 of the present Protocol.
ARTICLE 24
LANGUAGES
I. The present Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited in the
archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified
copies of the present Protocol to all States.
No. 20378
MULTILATERAL
Convention on the Elimination of All Forms of Discrimination
against Women. Adopted by the General Assembly
of the United Nations on 18 December 1979
Authentic texts: English, French, Arabic, Chinese, Russian and Spanish.
Registered ex officio on 3 September 1981.
MULTILATERAL
Convention sur l'P6imination de toutes les formes de discrimination
i l'egard des femmes. Adoptee par l'Assembl~
e generale des Nations Unies le 18 decembre
1979
Textes authentiques : anglais, franvais, arabe, chinois, russe et espagnol.
Enregistre d'office le 3 septembre 1981.
Vol. 1249, 1-20378
No. 20378
MULTILATERAL
Convention on the Elimination of All Forms of Discrimination
against Women. Adopted by the General Assembly
of tbe United Nations on 18 December 1979
Authentic texts: English, French, Arabic, Chinese, Russian and Spanish.
Registered ex officio on 3 September 1981.
MULTILAT~RAL
Convention snr l~limination de tontes les formes de discrimination
~ l'~gard des femmes. Adopt~e par Assembl~
e g~n~rale des Nations Unies le 18 d~cembre
1979
Textes authentiques : anglais, fran~ais, arabe, chinois, russe et espagnol.
Enregistr~e d'office le 3 septembre 1981.
Vol. 1249, 1-20378
14 e Traitis CONVENTION1 DISCRIMINATION
on sex,
economic, social, cultural, civil and political rights,
I 1). Date of deposit
of the instrument
of ratification
State
or accession (a)
........................................................ 16 Republic* ................................... 1981
........................................................... Decem ber China* ............................................................... Novem ber C uba ............................................................... Dom inica ............................................................ Septem ber Republic* .......................................... G uyana .............................................................. H aiti ................................................................ Hungary* ............................................................ Decem ber M exico .............................................................. M arch 1981
M ongolia* ........................................................... N orw ay .............................................................. M ay Poland* .............................................................. Portugal ............................................................. 30 .............................................................. M arch 1981
Saint Vincent and the Grenadines ........................................ 4 August 1981 a
Sw eden .............................................................. Republic* ..................................... Republics* .. ................................... article
Date of deposit
........................................................... A ugust .(....................................... * Vol. 1249,1-20378
United Nations - Treaty Series • Nations Unies - Recueil des Trait~s 1981
CONVENTION1 ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN
The States Parties to the present Convention,
Noting that the Charter of the United Nations reaffirms faith in fundamental
human rights, in the dignity and worth of the human person and in the equal rights of
men and women,
Noting that the Universal Declaration of Human Rights affirms the principle of
the inadmissibility of discrimination and proclaims that all human beings are born
free and equal in dignity and rights and that everyone is entitled to all the rights and
freedoms set forth therein, without distinction of any kind, including distinction based
on sex,
Noting that the States Parties to the International Covenants on Human Rights
have the obligation to ensure the equal right of men and women to enjoy all
1 Came into force on 3 September 1981, i.e., the thirtieth day after the date of deposit with the Secretary-General of
the United Nations of the twentieth instrument of ratification or accession, in accordance with article 27 ( Instruments
of ratification and accession were deposited as indicated:
Barbados .
Byelorussian Soviet Socialist Republic• .
Cape Verde .
China• .
Cuba• .
Dominica .
German Domocratic Repuhlic ..................................·.....
Guyana .
Haiti .
Hungary• .
Mexico .
Mongolia• .
Norway .
Poland• .
Ponugal .
Rwanda .
.
Sweden .
Ukrainian Soviet Socialist Republic• .
Union of Soviet Socialist Republics• .
October 1980
4 February I981
5 December 1980 a
4 November 1980
17 July 1980
15 September 1980
9 July 1980
17 July 1980
20 July 1981
22 December 1980
23 March I98I
20 July 1981
21 May 1981
30 July 1980
July 1980
2 March I98I
2 July 1980
12 March 1981
23 January 1981
Subsequently, the Convention came into force for the following States on the thirtieth day after the date of the deposit
with the Secretary-General of the United Nations of their instruments of ratification or accession, in accordance with article
27 (2):
State
Philippines .
(With effect from 4 September 1981.)
Lao People's Democratic Republic .
(With effect from 13 September 1981.)
• See p. 121 of this volume for the texts of the reservations and declarations made upon ratification.
1249, 1-14 August 1981
of the instrument
of ratification
5 August 1981
1981 United Nations - Treaty Series e Nations Unies - Recuei des Traitis 15
Considering the international conventions concluded under the auspices of the
United Nations and the specialized agencies promoting equality of rights of men and
women,
Noting also the resolutions, declarations and recommendations adopted by the
United Nations and the specialized agencies promoting equality of rights of men and
women,
Concerned, however, that despite these various instruments extensive discrimination
against women continues to exist,
Recalling that discrimination against women violates the principles of equality
of rights and respect for human dignity, is an obstacle to the participation of women,
on equal terms with men, in the political, social, economic and cultural life of their
countries, hampers the growth of the prosperity of society and the family and makes
more difficult the full development of the potentialities of women the of
their countries and of humanity,
Concerned that in situations of poverty women have the least access to food,
health, education, training and opportunities for employment and other needs,
Convinced that the establishment of the new international economic order based
on equity and justice will contribute significantly towards the promotion of equality
between men and women,
Emphasizing that the eradication of apartheid, of all forms of racism, discrimination,
colonialism, neo-colonialism, aggression, foreign occupation and
domination and interference in the internal affairs of States is essential to the full
enjoyment of the rights of men and women,
Affirming that the strengthening of international relaxation
of international tension, mutual co-operation among all States irrespective of their
social and economic systems, general and complete disarmament, and in particular
nuclear disarmament under strict and effective international control, the of the principles of justice, equality and mutual benefit in relations among countries
and the realization of the right of peoples under alien and colonial domination and
foreign occupation to self-determination and independence, as well as respect national sovereignty and territorial integrity, will promote social progress and development
and as a consequence will contribute to the attainment of between
men and women,
Convinced that the full and complete development of a country, the welfare of
the world and the cause of peace require the maximum equal terms with men in all fields,
Bearing in mind the great contribution of women to the welfare of the family
and to the development of society, so far not fully recognized, the of maternity and the role of both parents in the family and in the upbringing of children,
and aware that the role of women in procreation should not be a basis for discrimination
but that the upbringing of children requires a sharing of responsibility
between men and women and society as a whole,
Aware that a change in the traditional role of men in society and in the family is deeded to achieve full equality women,
Determined to implement the principles set forth in the Declaration Elimination
of Discrimination against Women and, for that purpose, Vol. 1249, 1981 United Nations --- Treaty Series • Nations Unies -- Recueil des Trait~s 15
Considering the international conventions concluded under the auspices of the
United Nations and the specialized agencies promoting equality of rights of men and
women,
Noting also the resolutions, declarations and recommendations adopted by the
United Nations and the specialized agencies promoting equality of rights of men and
women,
Concerned, however, that despite these various instruments extensive discrimination
against women continues to exist,
Recalling that discrimination against women violates the principles of equality
of rights and respect for human dignity, is an obstacle to the participation of women,
on equal terms with men, in the political, social, economic and cultural life of their
countries, hampers the growth of the prosperity of society and the family and makes
more difficult the full development of the potentialities of women in the service of
their countries and of humanity,
Concerned that in situations of poverty women have the least access to food,
health, education, training and opportunities for employment and other needs,
Convinced that the establishment of the new international economic order based
on equity and justice will contribute significantly towards the promotion of equality
between men and women,
Emphasizing that the eradication of apartheid, of all forms of racism, racial discrimination,
colonialism, neo-colonialism, aggression, foreign occupation and
domination and interference in the internal affairs of States is essential to the full
enjoyment of the rights of men and women,
Affirming that the strengthening of international peace and security, relaxation
of international tension, mutual co-operation among all States irrespective of their
social and economic systems, general and complete disarmament, and in particular
nuclear disarmament under strict and effective international control, the affirmation
of the principles of justice, equality and mutual benefit in relations among countries
and the realization of the right of peoples under alien and colonial domination and
foreign occupation to self-determination and independence, as well as respect for
national sovereignty and territorial integrity, will promote social progress and development
and as a consequence will contribute to the attainment of full equality between
men and women,
Convinced that the full and complete development of a country, the welfare of
the world and the cause of peace require the maximum participation of women on
equal terms with men in all fields,
Bearing in mind the great contribution of women to the welfare of the family
and to the development of society, so far not fully recognized, the social significance
of maternity and the role of both parents in the family and in the upbringing of children,
and aware that the role of women in procreation should not be a basis for discrimination
but that the upbringing of children requires a sharing of responsibility
between men and women and society as a whole,
Aware that a change in the traditional role of men as well as the role of women
in society and in the family is n'eeded to achieve full equality between men and
women,
Determined to implement the principles set forth in the Declaration on the Elimination
of Discrimination against Women and, for that purpose, to adopt the
1-20378
16 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 1981
measures required for the elimination of such discrimination in all its forms and
manifestations,
Have agreed on the following:
PART I
Article 1. For the purposes of the present Convention, the term "discrimination
against women" shall mean any distinction, exclusion or restriction made on the
basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.
Article 2. States Parties condemn discrimination against women in all its
forms, agree to pursue by all appropriate means and without delay a policy of eliminating
discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated therein and
to ensure, through law and other appropriate means, the practical realization of
this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men
and to ensure through competent national tribunals and other public institutions
the effective protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women
and to ensure that public authorities and institutions shall act in conformity with
this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by
any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish
existing laws, regulations, customs and practices which constitute discrimination
against women;
(g) To repeal all national penal provisions which constitute discrimination against
women.
Article 3. States Parties shall take in all fields, in particular in the political,
social, economic and cultural fields, all appropriate measures, including legislation,
to ensure the full development and advancement of women, for the purpose of
guaranteeing them the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with men.
Article 4. 1. Adoption by States Parties of temporary special measures aimed
at accelerating defacto equality between men and women shall not be considered discrimination
as defined in the present Convention, but shall in no way entail as a
consequence the maintenance of unequal or separate standards; these measures shall
be discontinued when the objectives of equality of opportunity and treatment have
been achieved.
Vol. 1249, 1-20378
16 United Nations --- Treaty Series • Nations Unies -- Recueil des Trait~s 1981
measures required for the elimination of such discrimination in all its forms and
manifestations,
Have agreed on the following:
PART I
Article 1. For the purposes of the present Convention, the term "discrimination
against women" shall mean any distinction, exclusion or restriction made on the
basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.
Article 2. States Parties condemn discrimination against women in all its
forms, agree to pursue by all appropriate means and without delay a policy of eliminating
discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated therein and
to ensure, through law and other appropriate means, the practical realization of
this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men
and to ensure through competent national tribunals and other public institutions
the effective protection of women against any act of discrimination;
d) To refrain from engaging in any act or practice of discrimination against women
and to ensure that public authorities and institutions shall act in conformity with
this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by
any person, organization or enterprise;
(I) To take all appropriate measures, including legislation, to modify or abolish
existing laws, regulations, customs and practices which constitute discrimination
against women;
(g) To repeal all national penal provisions which constitute discrimination against
women.
Article 3. States Parties shall take in all fields, in particular in the political,
social, economic and cultural fields, all appropriate measures, including legislation,
to ensure the full development and advancement of women, for the purpose of
guaranteeing them the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with men.
Article 4. l. Adoption by States Parties of temporary special measures aimed
at accelerating de facto equality between men and women shall not be considered discrimination
as defined in the present Convention, but shall in no way entail as a
consequence the maintenance of unequal or separate standards; these measures shall
be discontinued when the objectives of equality of opportunity and treatment have
been achieved.
Vol. 1249, 1-20378
- e - Traitks practices
legislation,
PART II
discrimination against women in particular' (b) To participate in the formulation of government (c) of international marriage
PART III
discrimination
20378
1981 United Nations --- Treaty Series • Nations Unies -- Recueil des Trait~s 17
2. Adoption by States Parties of special measures, including those measures
contained in the present Convention, aimed at protecting maternity shall not be
considered discriminatory.
Article 5. States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a
view to achieving the elimination of prejudices and customary and all other practices
which are based on the idea of the inferiority or the superiority of either of
the sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of maternity as
a social function and the recognition of the common responsibility of men and
women in the upbringing and development of their children, it being understood
that the interest of the children is the primordial consideration in all cases.
Article 6. States Parties shall take all appropriate measures, including legislation,
to suppress all forms of traffic in women and exploitation of prostitution of
women.
Article 7. States Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of the country and, in
particular; shall ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all
publicly elected bodies;
(b) To participate in the formulation of government policy and the implementation
thereof and to hold public office and perform all public functions at all levels of
government;
(c) To participate in non-governmental organizations and associations concerned
with the public and political life of the country.
Article 8. States Parties shall take all appropriate measures to ensure to
women, on equal terms with men and without any discrimination, the opportunity to
represent their Governments at the international level and to participate in the work
of international organizations.
Article 9. 1. States Parties shall grant women equal rights with men to
acquire, change or retain their nationality. They shall ensure in particular that
neither marriage to an alien nor change of nationality by the husband during marriage
shall automatically change the nationality of the wife, render her stateless or
force upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with respect to the
nationality of their children.
Ill
Article 10. States Parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in the
field of education and in particular to ensure, on a basis of equality of men and
women:
Vol. 1249, 1-20378
- * - Traitks (a) categories
preschool,
(b) qualifications
quality;
revision
(d) (e) programmes
(g) (h) wellbeing
of families, including information and advice on family planning.
Article 11. (a) (b) vocational
(d) (e) In marriage
(a) Vol. 1249, 1-20378
18 United Nations -- Treaty Series • Nations Unies -- Recueil des Trait~s 1981
The same conditions for career and vocational guidance, for access to studies
and for the achievement of diplomas in educational establishments of all categories
in rural as well as in urban areas; this equality shall be ensured in preschool,
general, technical, professional and higher technical education, as well
as in all types of vocational training;
Access to the same curricula, the same examinations, teaching staff with qualifcations
of the same standard and school premises and equipment of the same
quality;
(c) The elimination of any stereotyped concept of the roles of men and women at all
levels and in all forms of education by encouraging coeducation and other types
of education which will help to achieve this aim and, in particular, by the revision
of textbooks and school programmes and the adaptation of teaching
methods;
ad) The same opportunities to benefit from scholarships and other study grants;
The same opportunities for access to programmes of continuing education,
including adult and functional literacy programmes, particularly those aimed at
reducing, at the earliest possible time, any gap in education existing between men
and women;
(/) The reduction of female student drop-out rates and the organization of programmes
for girls and women who have left school prematurely;
The same opportunities to participate actively in sports and physical education;
Access to specific educational information to help to ensure the health and wellbeing
of families, including information and advice on family planning.
11. 1. States Parties shall take all appropriate measures to eliminate
discrimination against women in the field of employment in order to ensure, on a
basis of equality of men and women, the same rights, in particular:
The right to work as an inalienable right of all human beings;
The right to the same employment opportunities, including the application of the
same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to promotion,
job security and all benefits and conditions of service and the right to receive
vocational training and retraining, including apprenticeships, advanced vocational
training and recurrent training;
The right to equal remuneration, including benefits, and to equal treatment in
respect of work of equal value, as well as equality of treatment in the evaluation
of the quality of work;
The right to social security, particularly in cases of retirement, unemployment,
sickness, invalidity and old age and other incapacity to work, as well as the right
to paid leave;
(/) The right to protection of health and to safety in working conditions, including
the safeguarding of the function of reproduction.
2. ln order to prevent discrimination against women on the grounds of marriage
or maternity and to ensure their effective right to work, States Parties shall take
appropriate measures:
To prohibit, subject to the imposition of sanctions, dismissal on the grounds of
pregnancy or of maternity leave and discrimination in dismissals on the basis of
marital status;
1
·r
1981 United Nations - Treaty Series e Nations Unies - Recueil des Traitis 19
(b) To introduce maternity leave with pay or with comparable social benefits without
loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to enable
parents to combine family obligations with work responsibilities and participation
in public life, in particular through promoting the establishment and development
of a network of child-care facilities;
(d) To provide special protection to women during pregnancy in types of work proved
to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be
reviewed periodically in the light of scientific and technological knowledge and shall
be revised, repealed or extended as necessary.
Article 12. 1. States Parties shall take all appropriate measures to eliminate
discrimination against women in the field of health care in order to ensure, on a basis
of equality of men and women, access to health care services, including those related
to family planning.
2. Notwithstanding the provisions of paragraph 1 of this article, States Parties
shall ensure to women appropriate services in connexion with pregnancy, confinement
and the post-natal period, granting free services where necessary, as well as adequate
nutrition during pregnancy and lactation.
Article 13. States Parties shall take all appropriate measures to eliminate
discrimination against women in other areas of economic and social life in order to
ensure, on a basis of equality of men and women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of
cultural life.
Article 14. 1. States Parties shall take into account the particular problems
faced by rural women and the significant roles which rural women play in the economic
survival of their families, including their work in the non-monetized sectors of
the economy, and shall take all appropriate measures to ensure the application of the
provisions of this Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate discrimination
against women in rural areas in order to ensure, on a basis of equality of men
and women, that they participate in and benefit from rural development and, in
particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of development planning
at all levels;
(b) To have access to adequate health care facilities, including information, counselling
and services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and non-formal, including
that relating to functional literacy, as well as, inter alia, the benefit of all community
and extension services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal access to
economic opportunities through employment or self-employment;
Vol. 1249, 1-20378
1981 United Nations - Treaty Series • Nations Unies - Recueil des Trait~s 19
(b) To introduce maternity leave with pay or with comparable social benefits without
loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to enable
parents to combine family obligations with work responsibilities and participation
in public life, in particular through promoting the establishment and development
of a network of child-care facilities;
d) To provide special protection to women during pregnancy in types of work proved
to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be
reviewed periodically in the light of scientific and technological knowledge and shall
be revised, repealed or extended as necessary.
Article 12. 1. States Parties shall take all appropriate measures to eliminate
discrimination against women in the field of health care in order to ensure, on a basis
of equality of men and women, access to health care services, including those related
to family planning.
2. Notwithstanding the provisions of paragraph I of this article, States Parties
shall ensure to women appropriate services in connexion with pregnancy, confinement
and the post-natal period, granting free services where necessary, as well as adequate
nutrition during pregnancy and lactation.
Article 13. States Parties shall take all appropriate measures to eliminate
discrimination against women in other areas of economic and social life in order to
ensure, on a basis of equality of men and women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of
cultural life.
Article 14. 1. States Parties shall take into account the particular problems
faced by rural women and the significant roles which rural women play in the economic
survival of their families, including their work in the non-monetized sectors of
the economy, and shall take all appropriate measures to ensure the application of the
provisions of this Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate discrimination
against women in rural areas in order to ensure, on a basis of equality of men
and women, that they participate in and benefit from rural development and, in
particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of development planning
at all levels;
(b) To have access to adequate health care facilities, including information, counselling
and services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and non-formal, including
that relating to functional literacy, as well as, inter alia, the benefit of all community
and extension services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal access to
economic opportunities through employment or self-employment;
Vol. 1249, 1-20378
United Nations - Treaty Series * Nations Unies - Recueil des Trait~s
f) (g) sanitation,
electricity and water supply, transport and communications.
1. identical
residence
Article 16. children
f) paramount;
management,
Vol. 1249,1-20378
20 -- e Recneil s 1981
(j) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in land
resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and communications.
PART IV
Article 15. States Parties shall accord to women equality with men before
the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical
to that of men and the same opportunities to exercise that capacity. In particular,
they shall give women equal rights to conclude contracts and to administer property
and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of
any kind with a legal effect which is directed at restricting the legal capacity of women
shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to
the law relating to the movement of persons and the freedom to choose their residence
and domicile.
Article 16. 1. States Parties shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family relations
and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with
their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital
status, in matters relating to their children; in all cases the interests of the children
shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of
their children and to have access to the information, education and means to
enable them to exercise these rights;
(j) The same rights and responsibilities with regard to guardianship, wardship,
trusteeship and adoption of children, or similar institutions where these concepts
exist in national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a
family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free
of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all
necessary action, including legislation, shall be taken to specify a minimum age for
marriage and to make the registration of marriages in an official registry compulsory.
1249, 1-
United Nations - Treaty Series 9 Nations Unies - Recueil des Trait~s
PART V
Article 17. 1. For the purpose of considering the progress made in the implementation
of the present Convention, there shall be established a Committee on the
Elimination of Discrimination against Women (hereinafter referred to as the Committee)
consisting, at the time of entry into force of the Convention, of eighteen and,
after ratification of or accession to the Convention by the thirty-fifth State Party, of
twenty-three experts of high moral standing and competence in the field covered by
the Convention. The experts shall be elected by States Parties from among their
nationals and shall serve in their personal capacity, consideration being given to
equitable geographical distribution and to the representation of the different forms
of civilization as well as the principal legal systems.
2. 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.
3. The initial election shall be held six months after the date of the entry into
force of the present Convention. At least three months before the date of each election
the Secretary-General of the United Nations shall address a letter to the States
Parties inviting them to submit their nominations within two months. The Secretary-
General shall prepare a list in alphabetical order of all persons thus nominated, indicating
the States Parties which have nominated them, and shall submit it to the States
Parties.
4. Elections of the members of the Committee shall be held at a meeting of
States Parties convened by the Secretary-General at United Nations Headquarters.
At that meeting, for which two thirds of the States Parties shall constitute a quorum,
the persons elected to the Committee shall be those nominees who obtain the largest
number of votes and an absolute majority of the votes of the representatives of States
Parties present and voting.
5. The members of the Committee shall be elected for a term of four years.
However, the terms of nine of the members elected at the first election shall expire at
the end of two years; immediately after the first election the names of these nine
members shall be chosen by lot by the Chairman of the Committee.
6. The election of the five additional members of the Committee shall be held
in accordance with the provisions of paragraphs 2, 3 and 4 of this article, following
the thirty-fifth ratification or accession. The terms of two of the additional members
elected on this occasion shall expire at the end of two years, the names of these two
members having been chosen by lot by the Chairman of the Committee.
7. For the filling of casual vacancies, the State Party whose expert has ceased
to function as a member of the Committee shall appoint another expert from among
its nationals, subject to the approval of the Committee.
8. The members of the Committee shall, with the approval of the General
Assembly, receive emoluments from United Nations resources on such terms and
conditions as the Assembly may decide, having regard to the importance of the
Committee's responsibilities.
9. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the Committee
under the present Convention.
Vol. 1249, 1-20378
1981 United Nations -- Treaty Series • Nations Unies --- Recueil des Trait~s 21
PART V
Article 17. 1. For the purpose of considering the progress made in the implementation
of the present Convention, there shall be established a Committee on the
Elimination of Discrimination against Women (hereinafter referred to as the Committee)
consisting, at the time of entry into force of the Convention, of eighteen and,
after ratification of or accession to the Convention by the thirty-fifth State Party, of
twenty-three experts of high moral standing and competence in the field covered by
the Convention. The experts shall be elected by States Parties from among their
nationals and shall serve in their personal capacity, consideration being given to
equitable geographical distribution and to the representation of the different forms
of civilization as well as the principal legal systems.
2. 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.
3. The initial election shall be held six months after the date of the entry into
force of the present Convention. At least three months before the date of each election
the Secretary-General of the United Nations shall address a letter to the States
Parties inviting them to submit their nominations within two months. The SecretaryGeneral
shall prepare a list in alphabetical order of all persons thus nominated, indicating
the States Parties which have nominated them, and shall submit it to the States
Parties.
4. Elections of the members of the Committee shall be held at a meeting of
States Parties convened by the Secretary-General at United Nations Headquarters.
At that meeting, for which two thirds of the States Parties shall constitute a quorum,
the persons elected to the Committee shall be those nominees who obtain the largest
number of votes and an absolute majority of the votes of the representatives of States
Parties present and voting.
5. The members of the Committee shall be elected for a term of four years.
However, the terms of nine of the members elected at the first election shall expire at
the end of two years; immediately after the first election the names of these nine
members shall be chosen by lot by the Chairman of the Committee.
6. The election of the five additional members of the Committee shall be held
in accordance with the provisions of paragraphs 2, 3 and 4 of this article, following
the thirty-fifth ratification or accession. The terms of two of the additional members
elected on this occasion shall expire at the end of two years, the names of these two
members having been chosen by lot by the Chairman of the Committee.
7. For the filling of casual vacancies, the State Party whose expert has ceased
to function as a member of the Committee shall appoint another expert from among
its nationals, subject to the approval of the Committee.
8. The members of the Committee shall, with the approval of the General
Assembly, receive emoluments from United Nations resources on such terms and
conditions as the Assembly may decide, having regard to the importance of the
Committee's responsibilities.
9. The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the Committee
under the present Convention.
Vol. 1249, 1-20378
22 United Nations - Treaty Series * Nations Unies - Recueil des Trait~s 1981
Article 18. 1. States Parties undertake to submit to the Secretary-General of
the United Nations, for consideration by the Committee, a report on the legislative,
judicial, administrative or other measures which they have adopted to give effect to
the provisions of the present Convention and on the progress made in this respect:
(a) Within one year after the entry into force for the State concerned; and
(b) Thereafter at least every four years and further whenever the Committee so
requests.
2. Reports may indicate factors and difficulties affecting the degree of fulfilment
of obligations under the present Convention.
Article 19. 1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
Article 20. 1. The Committee shall normally meet for a period of not more
than two weeks annually in order to consider the reports submitted in accordance
with article 18 of the present Convention.
2. The meetings of the Committee shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Committee.
Article 21. 1. The Committee shall, through the Economic and Social
Council, report annually to the General Assembly of the United Nations on its activities
and may make suggestions and general recommendations based on the examination
of reports and information received from the States Parties. Such and general recommendations shall be included in the report of the Committee
together with comments, if any, from States Parties.
2. The Secretary-General shall transmit the reports of the Committee Commission on the Status of Women for its information.
Article 22. The specialized agencies shall be entitled to be represented consideration of the implementation of such provisions of the present Convention as
fall within the scope of their activities. The Committee may invite the specialized
agencies to submit reports on the implementation of the Convention in areas falling
within the scope of their activities.
PART VI
Article 23. Nothing in this Convention shall affect any provisions more conducive to the achievement of equality between men and women be contained:
(a) In the legislation of a State Party; or
(b) In any other international convention, treaty or agreement in force for that
State.
Article 24. States Parties undertake to adopt all national level aimed at achieving the full realization of the rights present Convention.
Article 25. 1. The present Convention shall be open for signature States.
2. The Secretary-General of the present Convention.
22 United Nations -- Treaty Series • Nations Unies -- Recueil des Trait~s 1981
Article 18. l. States Parties undertake to submit to the Secretary-General of
the United Nations, for consideration by the Committee, a report on the legislative,
judicial, administrative or other measures which they have adopted to give effect to
the provisions of the present Convention and on the progress made in this respect:
(a) Within one year after the entry into force for the State concerned; and
(b) Thereafter at least every four years and further whenever the Committee so
requests.
2. Reports may indicate factors and difficulties affecting the degree of fulfilment
of obligations under the present Convention.
Article 19. 1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
Article 20. l. The Committee shall normally meet for a period of not more
than two weeks annually in order to consider the reports submitted in accordance
with article 18 of the present Convention.
2. The meetings of the Committee shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Committee.
Article 21. l. The Committee shall, through the Economic and Social
Council, report annually to the General Assembly of the United Nations on its activities
and may make suggestions and general recommendations based on the examination
of reports and information received from the States Parties. Such suggestions
and general recommendations shall be included in the report of the Committee
together with comments, if any, from States Parties.
2. The Secretary-General shall transmit the reports of the Committee to the
Commission on the Status of Women for its information.
Article 22. The specialized agencies shall be entitled to be represented at the
consideration of the implementation of such provisions of the present Convention as
fall within the scope of their activities. The Committee may invite the specialized
agencies to submit reports on the implementation of the Convention in areas falling
within the scope of their activities.
PART VI
Article 23. Nothing in this Convention shall affect any provisions that are
more conducive to the achievement of equality between men and women which may
be contained:
(a) In the legislation of a State Party; or
(b) In any other international convention, treaty or agreement in force for that
State.
Article 24. States Parties undertake to adopt all necessary measures at the
national level aimed at achieving the full realization of the rights recognized in the
present Convention.
Article 25. 1. The present Convention shall be open for signature by all
States.
2. The Secretary-General of the United Nations is designated as the depositary
of the present Convention.
Vol. 1249, 1-20378
1981 e - Traitks 4. Secretary-
General of the United Nations.
1. of such a request.
1. 1. States 1. Convention
3. Any State Party which has made a reservation paragraph
IN WITNESS WHEREOF the undersigned, duly Vol. 1249, 1-20378
United Nations - Treaty Series • Nations Unies Recueil des Trait~s 23
3. The present Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
The present Convention shall be open to accession by all States. Accession
shall be effected by the deposit of an instrument of accession with the SecretaryGeneral
of the United Nations.
Article 26. l. A request for the revision of the present Convention may be
made at any time by any State Party by means of a notification in writing addressed
to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if
any, to be taken in respect of such a request.
Article 27. l. The present Convention shall enter into force on the thirtieth
day after the date of deposit with the Secretary-General of the United Nations of the
twentieth instrument of ratification or accession.
2. For each State ratifying the present Convention or acceding to it after the
deposit of the twentieth instrument of ratification or accession, the Convention shall
enter into force on the thirtieth day after the date of the deposit of its own instrument
of ratification or accession.
Article 28. l. The Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by States at the time of ratification
or accession.
2. A reservation incompatible with the object and purpose of the present
Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to this effect
addressed to the Secretary-General of the United Nations, who shall then inform all
thereof. Such notification shall take effect on the date on which it is received.
Article 29. l. Any dispute between two or more States Parties concerning
the interpretation or application of the present Convention which is not settled by
negotiation shall, at the request of one of them, be submitted to arbitration. If within
six months from the date of the request for arbitration the parties are unable to agree
on the organization of the arbitration, any one of those parties may refer the dispute
to the International Court of Justice by request in conformity with the Statute of the
Court.
2. Each State Party may at the time of signature or ratification of this Convention
or accession thereto declare that it does not consider itself bound by paragraph 1
of this article. The other States Parties shall not be bound by that paragraph with
respect to any State Party which has made such a reservation.
in accordance with paragraph
2 of this article may at any time withdraw that reservation by notification to
the Secretary-General of the United Nations.
Article 30. The present Convention, the Arabic, Chinese, English, French,
Russian and Spanish texts of which are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
authorized, have signed the present
Convention.
Vol, 1249,1-20378
HfCRENCb
3v>/Vr
(8(U N I T E D |^»| U N I E S
^^-X.-i^-'*
C.(Depositary Notification)
CONVENTION ON THE ELIMINATION OF ALL FORMS OF
AGAINST WOMEN
BY THE GENERAL OF THE UNITED NATIONS
18 OF THE TO 20, PARAGRAPH 1
TRANSMISSION OF CERTIFIED TRUE The General of the United acting in to N.the
the Convention, their held to
1) the the amendment,
in its force
S3"
J
UNITED NATIONS NATIONS UNIES
(IV. 8 (a))
FCRENKE
CABLE AU~ESSAORtSE ELECRAMO'JE NATIONS NEWYORK
C.N.461.1995.TREATIES-6 (Depositary Notification)
CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
ADOPTED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS
ON 18 DECEMBER 1979
ADOPTION OE THE PROPOSED AMENDMENT TO ARTICLE 2O, PARAGRAPH 1
TRANSMISSION OF CERTIFIED TRUE COPES
The Secretary-General of the United Nations, acting in his
capacity as depositary, and with reference to depositary notification
C.N.373.1994.TREATIES-8 of 23 January 1995, communicates the
following:
It will be recalled that the States parties to the above
Convention, at their eighth meeting held on 22 May 1995, decided to
amend article 20, paragraph (1) of the above Convention.
The General Assembly having noted with approval the amendment,
at its fiftieth session by Resolution 50/202 of 22 December 1995, the
amendment, in accordance with :Lts paragraph 3, will enter into force
when it is accepted by the two-thirds majority of States parties
which shall have so notified the Secretary-General.
The certified true copies of the adopted amendments are
submitted under cover of this notification to all States parties for
acceptance.
18 January 1996
Attention: Treaty Services of Ministries of Foreign Affairs
and of international organizations concerned
C.N.'461.1995. TREATIES -1 (Annex)
Amendment to article 20, paragraph (1)
of the Convention on the Elimination
of All Forms of Discrimination Against Women
Adopted at the eight meeting of the States parties on 22 Hay 1995
replace The Convention.
Assesmbly, twothirds
Secretary-
General Convention.
C.N.46l.1995.TREATIES-1 (Annex)
Adopted
Amendment to article 20, paragraph (l)
of the Convention on the Elimination
of All Forms of Discrimination Against Women
at the eight meeting of the States parties on 22 May 1995
1. Decide to article 20, paragraph 1, of the Convention on the
Elimination of Discrimination against Women with the following text:
"The Committee shall normally meet annually in order to consider the
reports submitted in accordance with article 18 of the present Convention.
The duration of the meetings of the Committee shall be determined by a
meeting of the States parties to the present Convention, subject to the
approval of the General Assembly.";
2. Recommend that the General Assembly, at its fiftieth session, take
note with approval of the amendment;
3. Decide that the amendment shall enter into force following
consideration by the General Assembly and when it has been accepted by a twothirds
majority of States parties which shall have so notified the SecretaryGeneral
as depositary of the Convention.
I hereby certify that the
foregoing text is a true copy of the
Amendment to article 20, (1) of the Convention on the
Elimination of All Forms of
Discrimination Against Women, adopted
at the eight meeting of the States
parties, which was held in New York
on 22 May 1995, the original of which
is deposited with the Secretary-
General of the United Nations.
Je certifie que le texte qui
precede est la copie conforme da
I'Amendement au 1 de
I1 article sur
1' elimination discrimination a 1'egard des ferames,
adopte a huitieme reunion des
parties, a le
1'original se
depose aupres Secretaire
general 1' Organisation Nations
Unies.
For the Secretary-General
The Legal Counsel
(Under-Secretary-General
for legal Affairs)
Secretaire general
Le Conseiller juridique
Secretaire general Hans United Nations, New York
January Organisation des Nations Unies
New York, le Janvier I hereby certify that the
foregoing text is a true copy of the
Amendment to article 20, paragraph
(1) of the Convention on the
Elimination of All Forms of
Discrimination Against Women, adopted
at the eight meeting of the States
parties, which was held in New York
on 22 May 1995, the original of which
is deposited with the SecretaryGeneral
of the United Nations.
For the Secretary-General
The Legal Counsel
(Under-Secretary-Genera.l
for legal Affairs)
Je certifie que le texte qui
pr~c~de est la copie conforme de
l'Amendement au paragraphe 1 de
l'article 20 de la Convention sur
l'~limination de toutes les formes de
discrimination ~ l'~gard des femmes,
adopt~ ~ la huiti~me r~union des
Etats parties, tenue ~ New York le
22 mai 1995, dont I'original se
trouve d~pos~ aupr~s du Secr~taire
g~n~ra.l de l'Organisation des Nations
Unies.
Pour le Secr~taire g~n~ral
Le Conseiller juridique
(Secr~taire g~n~ral adjoint
aux affaires juridiques)
United Nations, New York
12 January 1996
• ec
Bans, Corell
(
Organisation des Nations Unies
New York, le 12 janvier 1996
NEW YORK, OCTOBER 4)
Nations : PROTOCOLE FACULTATIF A LA CONVENTION
SUR L'tLIMINATION DE TOUTES LES
FORMES DE DISCRIMINATION A L'tGARD
6 Entree vigueur : conformment 1 16 la
AIRES/frangais, aupris Secretariat
Nations 2000
Volume 2131, A-20378
OPTIONAL PROTOCOL TO THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN.
6 1999
Entry into force : 22 December 2000, in
accordance with article 16 (1) (see
paragraph 16 of Resolution A/RES/54/4)
Authentic texts : Arabic, Chinese,
English, French, Russian and Spanish
Registration with the Secretariat of the
United Nations: ex officio, 22
December 2000
83
~ CONVENTION
L'~LIMINATION ~ L'~GARD
DES FEMMES. NEW YORK, OCTOBRE
1999
Entr~e en vigueur: 22 d~cembre 2000,
conform~ment au paragraphe de
l'article 16 (voir le paragraphe de R~solution A/RES/54/4)
Textes authentiques : arabe, chinois,
anglais, fran~ais, russe et espagnol
Enregistrement aupr~s du Secr~tariat
des Natious Unies : d'office, 22
d~cembre
A -ENGLISH - TEXTE ANGLAIS]
OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION
OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
discrimination
Reaffurming violations
I
present receive
individuals,
under the jurisdiction of a State Party, claiming to be victims of a violation of any
in submitted
unless
Volume 2131, A-20378
[ ENGLISH TEXT TEXTE ANGLAIS ]
OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION
OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
The States Parties to the present Protocol,
Noting that the Charter of the United Nations reaffirms faith in fundamental human
rights, in the dignity and worth of the human person and in the equal rights of men and
women,
Also noting that the Universal Declaration of Human Rights proclaims that all human
beings are born free and equal in dignity and rights and that everyone is entitled to all the
rights and freedoms set forth therein, without distinction of any kind, including distinction
based on sex,
Recalling that the International Covenants on Human Rights and other international
human rights instruments prohibit discrimination on the basis of sex,
Also recalling the Convention on the Elimination of All Forms of Discrimination
against Women (" the Convention"), in which the States Parties thereto condemn discrimination
against women in all its forms and agree to pursue by all appropriate means and
without delay a policy of eliminating discrimination against women,
Reaffirming their determination to ensure the full and equal enjoyment by women of
all human rights and fundamental freedoms and to take effective action to prevent violations
of these rights and freedoms,
Have agreed as follows:
Article 1
A State Party to the Protocol ("State Party") recognizes the competence of the
Committee on the Elimination of Discrimination against Women ("the Committee") to receive
and consider communications submitted in accordance with article 2.
Article 2
Communications may be submitted by or on behalf of individuals or groups of individuals,
of the rights set forth iu the Convention by that State Party. Where a communication is submitted
on behalf of individuals or groups of individuals, this shall be with their consent unless
the author can justify acting on their behalf without such consent.
97
A -1. 1. violation.
I article,
communication.
6
1. Unless the Committee considers a communication inadmissible without reference to
disclosure
2. Within six months, the receiving State Party shall submit to the Committee written
explanations by Volume 2131, A-20378
Article 3
Communications shall be in writing and shall not be anonymous. No communication
shall be received by the Committee if it concerns a State Party to the Convention that is not
a party to the present Protocol.
Article 4
The Committee shall not consider a communication unless it has ascertained that all
available domestic remedies have been exhausted unless the application of such remedies
is unreasonably prolonged or unlikely to bring effective relief.
2. The Committee shall declare a communication inadmissible where:
(a) The same matter has already been examined by the Committee or has been or is
being examined under another procedure of international investigation or settlement;
(b) It is incompatible with the provisions of the Convention;
(c) It is manifestly ill-founded or not sufficiently substantiated;
( d) It is an abuse of the right to submit a communication;
( e) The facts that are the subject of the communication occurred prior to the entry into
force of the present Protocol for the State Party concerned unless those facts continued after
that date.
Article 5
At any time after the receipt of a communication and before a determination on the
merits has been reached, the Committee may transmit to the State Party concerned for its
urgent consideration a request that the State Party take such interim measures as may be
necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph of the present article,
this does not imply a determination on admissibility or on the merits of the communication.
Article the State Party concerned, and provided that the individual or individuals consent to the disclosure
of their identity to that State Party, the Committee shall bring any communication
submitted to it under the present Protocol confidentially to the attention of the State Party
concerned.
or statements clarifying the matter and the remedy, if any, that may have been
provided that State Party.
98
21s1, A -203 78
transmitted
including
violations
Paity observations
Party
include
recommendations.
comments
1. in its report under
any response to an inquiry conducted
present Volume 2151, A-20378
Article 7
1. The Committee shall consider communications received under the present Protocol
in the light of all information made available to it by or on behalf of individuals or groups
of individuals and by the State Party concerned, provided that this information is transmitted
to the parties concerned.
2. The Committee shall hold closed meetings when examining communications under
the present Protocol.
3. After examining a communication, the Committee shall transmit its views on the
communication, together with its recommendations, if any, to the parties concerned.
4. The State Party shall give due consideration to the views of the Committee, together
with its recommendations, if any, and shall submit to the Committee, within six months, a
written response, including information on any action taken in the light of the views and
recommendations of the Committee.
5. The Committee may invite the State Party to submit further information about any
measures the State Party has taken in response to its views or recommendations, if any, including
as deemed appropriate by the Committee, in the State Party's subsequent reports
under article 18 of the Convention.
Article 8
1. If the Committee receives reliable information indicating grave or systematic violations
by a State Party of rights set forth in the Convention, the Committee shall invite that
State Party to cooperate in the examination of the information and to this end to submit observations
with regard to the information concerned.
2. Taking into account any observations that may have been submitted by the State Party
concerned as well as any other reliable information available to it, the Committee may
designate one or more of its members to conduct an inquiry and to report urgently to the
Committee. Where warranted and with the consent of the State Party, the inquiry may include
a visit to its territory.
3. After examining the findings of such an inquiry, the Committee shall transmit these
findings to the State Party concerned together with any comments and 4. The State Party concerned shall, within six months of receiving the findings, comments
and recommendations transmitted by the Committee, submit its observations to the
Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation of the State
Party shall be sought at all stages of the proceedings.
Article 9
l. The Committee may invite the State Party concerned to include article 18 of the Convention details of measures taken in conducted
under article 8 of the Protocol.
99
A-response
10
1. Any 1 present Secretary-
General.
jurisdiction
communicating
Convention
and the present Protocol and to facilitate access to information about the views and
particular, involving Party.
The Committee shall develop its own rules of procedure to be followed when exercising
by present Article 15
1. The present Protocol shall be open for signature by any State that has signed, ratified
present by any acceded to the Convention. Instruments of ratification shall be deposited with the Secretary-
present any acceded
to the Convention.
Volume 2131, 4-20378
2. The Committee may, if necessary, after the end of the period of six months referred
to in article 8.4, invite the State Party concerned to inform it of the measures taken in response
to such an inquiry.
Article JO
I. Each State Party may, at the time of signature or ratification of the present Protocol
or accession thereto, declare that it does not recognize the competence of the Committee
provided for in articles 8 and 9.
2. State Party having made a declaration in accordance with paragraph I of the
article may, at any time, withdraw this declaration by notification to the SecretaryGeneral.
Article 11
A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction
are not subjected to ill treatment or intimidation as a consequence of communicating
with the Committee pursuant to the present Protocol.
Article 12
The Committee shall include in its annual report under article 21 of the Convention a
summary of its activities under the present Protocol.
Article 13
Each State Party undertakes to make widely known and to give publicity to the Convention
recommendations of the Committee, in on matters that State Article 14
exercising
the functions conferred on it the Protocol.
I. or acceded to the Convention.
2. The Protocol shall be subject to ratification State that has ratified or
Secretary-
General of the United Nations.
3. The Protocol shall be open to accession by State that has ratified or acceded
100
Volume 211, A-20378
4. Accession shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article 16
1. The present Protocol shall enter into force three months after the date of the deposit
with the Secretary-General of the United Nations of the tenth instrument of ratification or
accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into
force, the present Protocol shall enter into force three months after the date of the deposit
of its own instrument of ratification or accession.
Article 17
No reservations to the present Protocol shall be permitted.
Article 18
1. Any State Party may propose an amendment to the present Protocol and file it with
the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate
any proposed amendments to the States Parties with a request that they notify her
or him whether they favour a conference of States Parties for the purpose of considering
and voting on the proposal. In the event that at least one third of the States Parties favour
such a conference, the Secretary-General shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of the States Parties present
and voting at the conference shall be submitted to the General Assembly of the United Nations
for approval.
2. Amendments shall come into force when they have been approved by the General
Assembly of the United Nations and accepted by a two-thirds majority of the States Parties
to the present Protocol in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties that
have accepted them, other States Parties still being bound by the provisions of the present
Protocol and any earlier amendments that they have accepted.
Article 19
1. Any State Party may denounce the present Protocol at any time by written notification
addressed to the Secretary-General of the United Nations. Denunciation shall take effect
six months after the date of receipt of the notification by the Secretary-General.
2. Denunciation shall be without prejudice to the continued application of the provisions
of the present Protocol to any communication submitted under article 2 or any inquiry
initiated under article 8 before the effective date of denunciation.
Volume 2151, A-20378
4. Accession shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article 16
l. The present Protocol shall enter into force three months after the date of the deposit
with the Secretary-General of the United Nations of the tenth instrument of ratification or
accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into
force, the present Protocol shall enter into force three months after the date of the deposit
of its own instrument of ratification or accession.
Article 17
No reservations to the present Protocol shall be permitted.
Article 18
I. Any State Party may propose an amendment to the present Protocol and file it with
the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate
any proposed amendments to the States Parties with a request that they notify her
or him whether they favour a conference of States Parties for the purpose of considering
and voting on the proposal. In the event that at least one third of the States Parties favour
such a conference, the Secretary-General shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of the States Parties present
and voting at the conference shall be submitted to the General Assembly of the United Nations
for approval.
2. Amendments shall come into force when they have been approved by the General
Assembly of the United Nations and accepted by a two-thirds majority of the States Parties
to the present Protocol in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties that
have accepted them, other States Parties still being bound by the provisions of the present
Protocol and any earlier amendments that they have accepted.
Article 19
I. Any State Party may denounce the present Protocol at any time by written notification
addressed to the Secretary-General of the United Nations. Denunciation shall take effect
six months after the date of receipt of the notification by the Secretary-General.
2. Denunciation shall be without prejudice to the continued application of the provisions
of the present Protocol to any communication submitted under article 2 or any inquiry
initiated under article 8 before the effective date of denunciation.
IOI
Volume 2131, A-20378
Article 20
The Secretary-General of the United Nations shall inform all States of:
(a) Signatures, ratifications and accessions under the present Protocol;
(b) The date of entry into force of the present Protocol and of any amendment under
article 18;
(c) Any denunciation under article 19.
Article 21
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the
present Protocol to all States referred to in article 25 of the Convention.
Volume 2131, A-20378
Article 20
The Secretary-General of the United Nations shall inform all States of:
(a) Signatures, ratifications and accessions under the present Protocol;
(b) The date of entry into force of the present Protocol and of any amendment under
article 18;
(c) Any denunciation under article 19.
Article 21
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the
present Protocol to all States referred to in article 25 of the Convention.
102
No. 9464
MULTILATERAL
Opened signature English, Registered MULTILATÉRAL
Convention internationale sur l'élimination de toutes les
formes de discrimination raciale. Ouverte à signature
à New York le 7 mars 1966
authentiques: anglais, français, espagnol.
Enregistré d'office 14.
International Convention on the Elimination of All Forms of
Racial Discrimination. for at New York
on 7 March 1966
Authentic texts: Chinese, French, Russian and Spanish.
ex officio on 12 March 1969.
MULTILATERAL
l~elimination a la a Textes chinois, frangais, russe et Enregistr~ le 12 mars 1969.
Vol. 660-14
— Treaty CONVENTION1 Considering prin
ciples Considering 1965. Official
19 twentyseventh
Govern
ment reservation ; 13 1968, "
States : (a) rati
fication India ; (b) 1
No. 9464
212 United Nations Series 1969
INTERNATIONAL ON THE ELIMINATION
OF ALL FORMS OF RACIAL DISCRIMINATION
The States Parties to this Convention,
that the Charter of the United Nations is based on the principles
of the dignity and equality inherent in all human beings, and that all
Member States have pledged themselves to take joint and separate action, in
co-operation with the Organization, for the achievement of one of the purposes
of the United Nations which is to promote and encourage universal respect for
and observance of human rights and fundamental freedoms for all, without
distinction as to race, sex, language or religion,
that the Universal Declaration of Human Rights proclaims
that all human beings are born free and equal in dignity and rights and that
1 The Convention was adopted by the General Assembly of the United Nations in resolution
2106 (XX) of 21 December I 965. For the text of the resolution and of the Convention, see Records of the General Assembly, Twentieth Session, Supplement No. 14 (A/6014), p. 47.
Article I 9 of the Convention provides that the Convention shall enter into force on the thirtieth
day after the date of deposit with the Secretary-General of the United Nations of the twentyseventh
instrument of ratification or instrument of accession. On 5 December 1968, the Government
of Poland deposited the twenty-seventh instrument. However, among those instruments
there were some which contained a reservation and therefore were subject to the provisions of
article 20 of the Convention allowing States to notify objections within ninety days from the date
of circulation by the Secretary-General of the reservations. In respect of two such instruments,
namely those of Kuwait and Spain, the ninety-day period had not yet expired on the date of deposit
of the twenty-seventh instrument. The reservation contained in one further instrument, that of
India, had not yet been circulated on that date, and the twenty-seventh instrument itself, that of
Poland, contained a reservation; in respect of these two instruments the ninety-day period would
only begin to run on the date of the Secretary-General's notification of their deposit. Therefore,
in that notification, which was dated I 3 December I 968, the Secretary-General called the attention
of the interested States to the situation and stated the following :
" It appears from the provisions of article 20 of the Convention that it would not be
possible to determine the legal effect of the four instruments in question pending the expiry
of the respective periods of time mentioned in the preceding paragraph.
" Having regard to the above-mentioned consideration, the Secretary-General is not at
the present time in a position to ascertain the date of entry into force of the Convention.
Subsequently, in a notification dated 17 March 1969, the Secretary-General informed the
interested States: that within the period of ninety days from the date of his previous notification
he had received an objection from one State to the reservation contained in the instrument of ratification
by the Government of India; and that the Convention, in accordance with paragraph I
of article 19, had entered into force on 4 January 1969, i.e., on the thirtieth day after the date of
deposit of the instrument of ratification of the Convention by the Government of Poland, which
was the twenty-seventh instrument of ratification or instrument of accession deposited with the
Secretary-General.
For the list of States for which the Convention entered into force on 4 January 1969, see p. 306.
The list is followed by reservations and/or declarations made by certain States on signature or on
ratification or accession, with the exception of the reservations and declarations inscribed on the
face of the Convention or annexed by reference to the signatures, the texts of which are reproduced
on the signature pages of the Convention (pages 308 to 318 of this volume).
United Nations — Treaty Series Considering in
citement Considering )* Considering )2 Convinced Reaffirming Convinced Alarmed apartheid, Resolved 1 * Ibid., (A/5515), 214 -Treaty 1969
everyone is entitled to all the rights and freedoms set out therein, without
distinction of any kind, in particular as to race, colour or national origin,
that all human beings are equal before the law and are entitled
to equal protection of the law against any discrimination and against any incitement
to discrimination,
that the United Nations has condemned colonialism and all
practices of segregation and discrimination associated therewith, in whatever
form and wherever they exist, and that the Declaration on the Granting of
Independence to Colonial Countries and Peoples of 14 December 1960 (General
Assembly resolution 1514 (XV) )1 has affirmed and solemnly proclaimed the
necessity of bringing them to a speedy and unconditional end,
that the United Nations Declaration on the Elimination of All
Forms of Racial Discrimination of 20 November 1963 (General Assembly
resolution 1904 (XVIII) solemnly affirms the necessity of speedily eliminating
racial discrimination throughout the world in all its forms and manifestations
and of securing understanding of and respect for the dignity of the human
person,
that any doctrine of superiority based on racial differentiation is
scientifically false, morally condemnable, socially unjust and dangerous, and
that there is no justification for racial discrimination, in theory or in practice,
anywhere,
that discrimination between human beings on the grounds of
race, colour or ethnic origin in an obstacle to friendly and peaceful relations
among nations and is capable of disturbing peace and security among peoples
and the harmony of persons living side by side even within one and the same
State,
that the existence of racial barriers is repugnant to the ideals of
any human society,
by manifestations of racial discrimination still in evidence in some
areas of the world and by governmental policies based on racial superiority or
hatred, such as policies of segregation or separation,
to adopt all necessary measures for speedily eliminating racial
discrimination in all its forms and manifestations, and to prevent and combat
racist doctrines and practices in order to promote understanding between races
and to build an international community free from all forms of racial segregation
and racial discrimination,
United Nations, Official Records of the General Assembly, Fifteenth Session, Supplement No. 16
(A/4684), p. 66.
Ibid., Eighteenth Session, Supplement No. 15 (A/5515), p. 35
No. 9464
United Nations Treaty Series Bearing in mind 1958,1 I960,2
Desiring Have agreed follows :
PART I
1
1. discrimination " noncitizens.
natural
ization, advance
ment enjoy
ment conse
quence, Article 2
1 Treaty Series, *Ibid., p. 216 1969
the Convention concerning Discrimination in respect of
Employment and Occupation adopted by the International Labour Organisation
in and the Convention against Discrimination in Education adopted by
the United Nations Educational, Scientific and Cultural Organization in 1960,2
to implement the principles embodied in the United Nations
Declaration on the Elimination of All Forms of Racial Discrimination and to
secure the earliest adoption of practical measures to that end,
as follows:
Article I
• In this Convention, the term " racial discrimination" shall mean any
distinction, exclusion, restriction or preference based on race, colour, descent,
or national or ethnic origin which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social, cultural or
any other field of public life.
2. This Convention shall not apply to distinctions, exclusions, restrictions or
preferences made by a State Party to this Convention between citizens and noncitizens.
3. Nothing in this Convention may be interpreted as affecting in any way the
legal provisions of States Parties concerning nationality, citizenship or naturalization,
provided that such provisions do not discriminate against any particular
nationality.
4. Special measures taken for the sole purpose of securing adequate advancement
of certain racial or ethnic groups or individuals requiring such protection
as may be necessary in order to ensure such groups or individuals equal enjoyment
or exercise of human rights and fundamental freedoms shall not be deemed
racial discrimination, provided, however, that such measures do not, as a consequence,
lead to the maintenance of separate rights for different racial groups and
that they shall not be continued after the objectives for which they were taken
have been achieved.
1. States Parties condemn racial discrimination and undertake to pursue by all
appropriate means and without delay a policy of eliminating racial discrimination
United Nations, vol. 362, p. 31
' vol. 429, 93.
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inating Ancle 3
apartheid terri
tories Article 4
218 --Treaty 1969
in all its forms and promoting understanding among all races, and, to this end :
Each State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions and to ensure
that all public authorities and public institutions, national and local, shall act in
conformity with this obligation;
Each State Party undertakes not to sponsor, defend or support racial
discrimination by any persons or organizations;
Each State Party shall take effective measures to review governmental,
national and local policies, and to amend, rescind or nullify any laws and regulations
which have the effect of creating or perpetuating racial discrimination
wherever it exists;
Each State Party shall prohibit and bring to an end, by all appropriate
means, including legislation as required by circumstances, racial discrimination
by any persons, group or organization;
Each State Party undertakes to encourage, where appropriate, integrationist
multi-racial organizations and movements and other means of eliminating
barriers between races, and to discourage anything which tends to
strengthen racial division.
2. States Parties shall, when the circumstances so warrant, take, in the social,
economic, cultural and other fields, special and concrete measures to ensure the
adequate development and protection of certain racial groups or individuals
belonging to them, for the purpose of guaranteeing them the full and equal
enjoyment of human rights and fundamental freedoms. These measures shall
in no case entail as a consequence the maintenance of unequal or separate rights
for different racial groups after the objectives for which they were taken have
been achieved.
Aricle States Parties particularly condemn racial segregation and and
undertake to prevent, prohibit and eradicate all practices of this nature in territories
under their jurisdiction.
States Parties condemn all propaganda and all organizations which are
based on ideas or theories of superiority of one race or group of persons of one
colour or ethnic origin, or which attempt to justify or promote racial hatred and
discrimination in any form, and undertake to adopt immediate and positive
measures designed to eradicate all incitement to, or acts of, such discrimination
No. 9464
220 — Treaty inter alia :
(a) (b) (c) Article (a) justice ;
(b) institution ;
(c) (d) particular :
nationality ;
spouse ;
in others ;
United Nations - Series 1969
and, to this end, with due regard to the principles embodied in the Universal
Declaration of Human Rights and the rights expressly set forth in article 5 of
this Convention, Shall declare an offence punishable by law all dissemination of ideas based
on racial superiority or hatred, incitement to racial discrimination, as well as
all acts of violence or incitement to such acts against any race or group of
persons of another colour or ethnic origin, and also the provision of any
assistance to racist activities, including the financing thereof;
Shall declare illegal and prohibit organizations, and also organized and all
other propaganda activities, which promote and incite racial discrimination,
and shall recognize participation in such organizations or activities as an
offence punishable by law;
Shall not permit public authorities or public institutions, national or local, to
promote or incite racial discrimination.
5
In compliance with the fundamental obligations laid down in article 2 of
this Convention, States Parties undertake to prohibit and to eliminate racial
discrimination in all its forms and to guarantee the right of everyone, without
distinction as to race, colour, or national or ethnic origin, to equality before the
law, notably in the enjoyment of the following rights :
(a) The right to equal treatment before the tribunals and all other organs
administering justice;
The right to security of person and protection by the State against
violence or bodily harm, whether inflicted by government officials or
by any individual, group or institution;
Political rights, in particular the rights to participate in elections to
vote and to stand for election on the basis of universal and equal
suffrage, to take part in the Government as well as in the conduct of
public affairs at any level and to have equal access to public service;
(d) Other civil rights, in particular:
(i) The right to freedom of movement and residence within the
border of the State;
(ii) The right to leave any country, including one's own, and to
return to one's country;
(iii) The right to nationality;
(iv) The right to marriage and choice of spouse;
(v) The right to own property alone as well as association with
others;
No. 9464
United Nations — Treaty Series expression ;
(e) unemploy
ment, remuner
ation ;
unions ;
services ;
(/) caf 7
partic
ularly 222 1969
(vi) The right to inherit;
(vii) The right to freedom of thought, conscience and religion;
(viii) The right to freedom of opinion and expression;
(ix) The right to freedom of peaceful assembly and association;
Economic, social and cultural rights, in particular :
(i) The rights to work, to free choice of employment, to just and
favourable conditions of work, to protection against unemployment,
to equal pay for equal work, to just and favourable remuneration;
(ii) The right to form and join trade unions;
(iii) The right to housing;
(iv) The right to public health, medical care, social security and social
services;
(v) The right to education and training;
(vi) The right to equal participation in cultural activities;
(f) The right of access to any place or service intended for use by the
general public, such as transport, hotels, restaurants, caf~s, theatres and
parks.
Article 6
States Parties shall assure to everyone within their jurisdiction effective
protection and remedies, through the competent national tribunals and other
State institutions, against any acts of racial discrimination which violate his
human rights and fundamental freedoms contrary to this Convention, as well as
the right to seek from such tribunals just and adequate reparation or satisfaction
for any damage suffered as a result of such discrimination.
Article States Parties undertake to adopt immediate and effective measures, particularly
in the fields of teaching, education, culture and information, with a view
to combating prejudices which lead to racial discrimination and to promoting
understanding, tolerance and friendship among nations and racial or ethnical
groups, as well as to propagating the purposes and principles of the Charter of
the United Nations, the Universal Declaration of Human Rights, the United
Nations Declaration on the Elimination of All Forms of Racial Discrimination,
and this Convention.
No. 9464
United Nations — Treaty Series
Dis
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1969
Article 8
1. There shall be established a Committee on the Elimination of Racial Discrimination
(hereinafter referred to as the Committee) consisting of eighteen
experts of high moral standing and acknowledged impartiality elected by States
Parties from among their nationals, who shall serve in their personal capacity,
consideration being given to equitable geographical distribution and to the
representation of the different forms of civilization as well as of the principal
legal systems.
2. The members of the Committee shall be elected by secret ballot from a list
of persons nominated by the States Parties. Each State Party may nominate one
person from among its own nationals.
3. The initial election shall be held six months after the date of the entry into
force of this Convention. At least three months before the date of each election
the Secretary-General of the United Nations shall address a letter to the States
Parties inviting them to submit their nominations within two months. The
Secretary-General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the States Parties which have nominated them, and shall
submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a meeting of
States Parties convened by the Secretary-General at United Nations Headquarters.
At that meeting, for which two-thirds of the States Parties shall constitute
a quorum, the persons elected to the Committee shall be those nominees
who obtain the largest number of votes and an absolute majority of the votes of
the representatives of States Parties present and voting.
5. The members of the Committee shall be elected for a term of four years.
However, the terms of nine of the members elected at the first election shall
expire at the end of two years; immediately after the first election the names of
these nine members shall be chosen by lot by the Chairman of the Committee.
For the filling of casual vacancies, the State Party whose expert has
ceased to function as a member of the Committee shall appoint another expert
from among its nationals, subject to the approval of the Committee.
6. States Parties shall be responsible for the expenses of the members of the
Committee while they are in performance of Committee duties.
Article 9
1. States Parties undertake to submit to the Secretary-General of the United
Nations, for consideration by the Committee, a report on the legislative, judicial,
administrative or other measures which they have adopted and which give effect
to the provisions of this Convention: (a) within one year after the entry into
No. 9464
— Treaty ( b) The sugges
tions Article 10
1. Article 11
4. 226 United Nations Series 1969
force of the Convention for the State concerned; and thereafter every two
years and whenever the Committee so requests. The Committee may request
further information from the States Parties.
2. Te Committee shall report annually, through the Secretary-General, to the
General Assembly of the United Nations on its activities and may make suggestions
and general recommendations based on the examination of the reports and
information received from the States Parties. Such suggestions and general
recommendations shall be reported to the General Assembly together with
comments, if any, from States Parties.
JO
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The secretariat of the Committee shall be provided by the Secretary-General
of the United Nations.
4. The meetings of the Committee shall normally be held at United Nations
Headquarters.
1. If a State Party considers that another State Party is not giving effect to the
provisions of this Convention, it may bring the matter to the attention of the
Committee. The Committee shall then transmit the communication to the State
Party concerned. Within three months, the receiving State shall submit to the
Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been taken by that State.
2. If the matter is not adjusted to the satisfaction of both parties, either by
bilateral negotiations or by any other procedure open to them, within six months
after the receipt by the receiving State of the initial communication, either
State shall have the right to refer the matter again to the Committee by notifying
the Committee and also the other State.
3. The Committee shall deal with a matter referred to it in accordance with
paragraph 2 of this article after it has ascertained that all available domestic
remedies have been invoked and exhausted in the case, in conformity with the
generally recognized principles of international law. This shall not be the rule
where the application of the remedies is unreasonably prolonged.
4. In any matter referred to it, the Committee may call upon the States Parties
concerned to supply any other relevant information.
No. 9464
United Nations — Treaty Series arising representative
proceedings rights, Article 12
1. («) ad hoc (b) parties The 228 1969
5. When any matter ansmg out of this article is being considered by the
Committee, the States Parties concerned shall be entitled to send a to take part in the of the Committee, without voting while
the matter is under consideration.
I. a) After the Committee has obtained and collated all the information it
deems necessary, the Chairman shall appoint an Conciliation Commission
(hereinafter referred to as the Commission) comprising five persons who may
or may not be members of the Committee. The members of the Commission
shall be appointed with the unanimous consent of the parties to the dispute,
and its good offices shall be made available to the States concerned with a view
to an amicable solution of the matter on the basis of respect for this Convention.
If the States to the dispute fail to reach agreement within three
months on all or part of the composition of the Commission, the members of the
Commission not agreed upon by the States parties to the dispute shall be elected
by secret ballot by a two-thirds majority vote of the Committee from among
its own members.
2. The members of the Commission shall serve in their personal capacity.
They shall not be nationals of the States parties to the dispute or of a State not
Party to this Convention.
3. The Commission shall elect its own Chairman and adopt its own rules of
procedure.
4. The meetings of the Commission shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Commission.
5. The secretariat provided in accordance with article 10, paragraph 3, of this
Convention shall also service the Commission whenever a dispute among States
Parties brings the Commission into being.
6. The States parties to the dispute shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided by the
Secretary-General of the United Nations.
7. Te Secretary-General shall be empowered to pay the expenses of the
members of the Commission, if necessary, before reimbursement by the States
parties to the dispute in accordance with paragraph 6 of this article.
8. The information obtained and collated by the Committee shall be made
available to the Commission, and the Commission may call upon the States
concerned to supply any other relevant information.
No. 9464
— 1. When decla
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communi
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General 230 United Nations Treaty Series 1969
Article 13
I. \Vhcn the Commission has fully considered the matter, it shall prepare and
submit to the Chairman of the Committee a report embodying its findings on
all questions of fact relevant to the issue between the parties and containing
such recommendations as it may think proper for the amicable solution of the
dispute.
2. The Chairman of the Committee shall communicate the report of the
Commission to each of the States parties to the dispute. These States shall,
within three months, inform the Chairman of the Committee whether or not
they accept the recommendations contained in the report of the Commission.
3. After the period provided for in paragraph 2 of this article, the Chairman of
the Committee shall communicate the report of the Commission and the declarations
of the States Parties concerned to the other States Parties to this Convention.
Article 14
1. A State Party may at any time declare that it recognizes the competence of
the Committee to receive and consider communications from individuals or
groups of individuals within its jurisdiction claiming to be victims of a violation
by that State Party of any of the rights set forth in this Convention. No communication
shall be received by the Committee if it concerns a State Party which has
not made such a declaration.
2. Any State Party which makes a declaration as provided for in paragraph 1 of
this article may establish or indicate a body within its national legal order which
shall be competent to receive and consider petitions from individuals and groups
of individuals within its jurisdiction who claim to be victims of a violation of any
of the rights set forth in this Convention and who have exhausted other available
local remedies.
3. A declaration made in accordance with paragraph I of this article and the
name of any body established or indicated in accordance with paragraph 2 of
this article shall be deposited by the State Party concerned with the SecretaryGeneral
of the United Nations, who shall transmit copies thereof to the other
States Parties. A declaration may be withdrawn at any time by notification to the
Secretary-General, but such a withdrawal shall not affect communications
pending before the Committee.
4. A register of petitions shall be kept by the body established or indicated in
accordance with paragraph 2 of this article, and certified copies of the register
shall be filed annually through appropriate channels with the Secretary-General
on the understanding that the contents shall not be publicly disclosed.
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the to communicate the matter to the Committee within six months.
(a) (b) (a) infor
mation reme
dies. (b) The com
munications state
ments recom
mendations.
The 1 Article 15
1. (a) Con
vention 232 United Nations Series 1969
5. In the event of failure to obtain satisfaction from the body established or
indicated in accordance with paragraph 2 of this article, the petitioner shall have
the right to communicate the matter to the Committee within six months.
6. The Committee shall confidentially bring any communication referred
to it to the attention of the State Party alleged to be violating any provision of
this Convention, but the identity of the individual or groups of individuals
concerned shall not be revealed without his or their express consent. The
Committee shall not receive anonymous communications.
Within three months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if any,
that may have been taken by that State.
7. The Committee shall consider communications in the light of all information
made available to it by the State Party concerned and by the petitioner.
The Committee shall not consider any communication from a petitioner unless
it has ascertained that the petitioner has exhausted all available domestic remedies.
However, this shall not be the rule where the application of the remedies
is unreasonably prolonged.
The Committee shall forward its suggestions and recommendations,
if any, to the State Party concerned and to the petitioner.
8. Te Committee shall include in its annual report a summary of such communications
and, where appropriate, a summary of the explanations and statements
of the States Parties concerned and of its own suggestions and recommendations.
9. Te Committee shall be competent to exercise the functions provided for
in this article only when at least ten States Parties to this Convention are bound
by declarations in accordance with paragraph l of this article.
1. Pending the achievement of the objectives of the Declaration on the Granting
of Independence to Colonial Countries and Peoples, contained in General
Assembly resolution 1514 (XV) of 14 December 1960, the provisions of this
Convention shall in no way limit the right of petition granted to these peoples
by other international instruments or by the United Nations and its specialized
agencies.
2. The Committee established under article 8, paragraph 1, of this Convention
shall receive copies of the petitions from, and submit expressions of
opinion and recommendations on these petitions to, the bodies of the United
Nations which deal with matters directly related to the principles and objectives
of this Convention in their consideration of petitions from the inhabitants of
Trust and Non-Self-Governing Territories and all other territories to which
No. 9464
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vention the Powers within the Territories mentioned
(a) sum
mary of the and it has received from United Nations bodies,
(a) special
ized PART III
1. 234 United Nations Treaty Series 1969
General Assembly resolution 1514 (XV) applies, relating to matters covered by
this Convention which are before these bodies.
(b) The Committee shall receive from the competent bodies of the United
Nations copies of the reports concerning the legislative, judicial, administrative
or other measures directly related to the principles and objectives of this Convention
applied by the administering Powers within the Territories mentioned
in sub-paragraph of this paragraph, and shall express opinions and make
recommendations to these bodies.
3. The Committee shall include in its report to the General Assembly a summary
of the petitions and reports it has received from United Nations bodies,
and the expressions of opinion and recommendations of the Committee relating
to the said petitions and reports.
4. The Committee shall request from the Secretary-General of the United
Nations all information relevant to the objectives of this Convention and available
to him regarding the Territories mentioned in paragraph 2 of this article.
Article 16
The provisions of this Convention concerning the settlement of disputes
or complaints shall be applied without prejudice to other procedures for settling
disputes or complaints in the field of discrimination laid down in the constituent
instruments of, or in conventions adopted by, the United Nations and its specialized
agencies, and shall not prevent the States Parties from having recourse to
other procedures for settling a dispute in accordance with general or special
international agreements in force between them.
Article 17
l. This Convention is open for signature by any State Member of the United
Nations or member of any of its specialized agencies, by any State Party to the
Statute of the International Court of Justice, and by any other State which has
been invited by the General Assembly of the United Nations to become a Party
to this Convention.
2. This Convention is subject to ratification. Instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
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Article 19
twentyseventh
Article 20
1. Article 21
notification Article 22
inter
pretation n gociation
236 United Nations -Treaty Series 1969
1. This Convention shall be open to accession by any State referred to in
article 17, paragraph 1, of the Convention.
2. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the thirtieth day after the date of
the deposit with the Secretary-General of the United Nations of the twentyseventh
instrument of ratification or instrument of accession.
2. For each State ratifying this Convention or acceding to it after the deposit
of the twenty-seventh instrument of ratification or instrument of accession,
the Convention shall enter into force on the thirtieth day after the date of the
deposit of its own instrument of ratification or instrument of accession.
I. The Secretary-General of the United Nations shall receive and circulate to
all States which are or may become Parties to this Convention reservations
made by States at the time of ratification or accession. Any State which objects
to the reservation shall, within a period of ninety days from the date of the said
communication, notify the Secretary-General that it does not accept it.
2. A reservation incompatible with the object and purpose of this Convention
shall not be permitted, nor shall a reservation the effect of which would inhibit
the operation of any of the bodies established by this Convention be allowed.
A reservation shall be considered incompatible or inhibitive if at least two-thirds
of the States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by notification to this effect
addressed to the Secretary-General. Such notification shall take effect on the
date on which it is received.
A State Party may denounce this Convention by written notification to the
Secretary-General of the United Nations. Denunciation shall take effect one
year after the date of receipt of the notificatioh by the Secretary-General.
Any dispute between two or more States Parties with respect to the interpretation
or application of this Convention, which is not settled by negociation
No. 9464
238 United Nations — Treaty Series Article 23
1. Secretary-
General Article 24
(a) (b) (c) 23 ;
(d) Article 25
FAITH WHEREOF 1969
or by the procedures expressly provided for in this Convention, shall, at the
request of any of the parties to the dispute, be referred to the International
Court of Justice for decision, unless the disputants agree to another mode of
settlement.
l. A request for the revision of this Convention may be made at any time by
any State Party by means of a notification in writing addressed to the SecretaryGeneral
of the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps,
if any, to be taken in respect of such a request.
The Secretary-General of the United Nations shall inform all States referred
to in article 17, paragraph 1, of this Convention of the following particulars
(a) Signatures, ratifications and accessions under articles 17 and 18;
The date of entry into force of this Convention under article 19;
Communications and declarations received under articles 14, 20 and 23;
(d) Denunciations under article 21.
1. This Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the
United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies
of this Convention to all States belonging to any of the categories mentioned in
article 17, paragraph 1, of the Convention.
IN FAITH WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed the present Convention, opened for
signature at New York, on the seventh day of March, one thousand nine hundred
and sixty-six.
No. 9464
T3//6D
(IV.2)
U N I T E D NATIONS Vffljjj NATIONS U N I E S
ADDRESS 1OO17
CABLE ADDRESS ADRESSE TELEGRAPH IQUE' UNATIONS NEWYORK
REFERENCE: c.N.419.1992.TREATIES-5 (Depositary Notification)
DISCRIMINATION
N.285.1991.TREATIES-mentioned second 1. The General facilities
Committee
2. ... as The ... seventh
Resolution General.
t
UNITED NATIONS NATIONS UNIES
3//42
IV.2)
,,
lu
POSTAL ADDRESS-ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE· UNATIONS NEWYORK
«reneee C.N.419.1992.TREATIES-5 (Depositary Notification)
INTERNATIONAL CONVENTION ON THE ELIMINATION
OF ALL FORMS OF RACIAL DISCRIMINATION
OPENED FOR SIGNATURE AT NEW YORK ON 7 MARCH 1966
APPROVAL BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS
OF THE PROPOSED AMENDMENT TO ARTICLE 8
The Secretary-General of the United Nations, acting in his
capacity as depositary, and with reference to depositary notification
C.N.285.1991.TREATIES-4 of 20 December 1991, communicates the
following:
It will be recalled that the States Parties to the
above-mentioned Convention, at the twenty-second meeting of the
Fourteenth Meeting of the States Parties held on 15 January 1992,
decided as follows:
"1. ... to replace paragraph 6 of article 8 of the
Convention with the paragraph "The Secretary-General of the
United Nations shall provide the necessary staff and facilities
for the effective performance of the functions of the Committee
under the Convention.";
2.. .. to add a new paragraph, as article 8, paragraph 7,
[as follows:] "The members of the Committee established under
the present Convention shall, with the approval of the General
Assembly, receive emoluments from United Nations resources on
such terms and conditions as the General Assembly may decide.";
4. . .. that the amendment shall enter into force when it
has been approved by the General Assembly and accepted by a two
thirds majority of States parties which shall have so notified
the Secretary-General as depositary;"
The General Assembly having endorsed it at its forty-seventh
session (Resolution 47/111 of 16 December 1992), the amendment, in
accordance with the above-quoted paragraph 4, will enter into force
when it is accepted by the required number of States Parties which
shall have so notified the Secretary-General.
1 March 1993
Attention: Treaty Services of Ministries of Foreign Affairs and of
international organizations concerned