DEFINITION OF HUMAN RIGHTS degree of participation by communities, civil society,
minorities, women, young people, indigenous peoples
Human rights are universal legal guarantees protecting
individuals and groups against actions and omissions
that interfere with fundamental freedoms, entitlements
and human dignity. Human rights law obliges
Governments (principally) and other duty-bearers to do
certain things and prevents them from doing others.
HUMAN RIGHTS PRINCIPLES
Human rights are universal and inalienable; indivisible;
interdependent and interrelated. They are universal
because everyone is born with and possesses the same
rights, regardless of where they live, their gender or race,
or their religious, cultural or ethnic background.
Inalienable because people’s rights can never be taken
away. Indivisible and interdependent because all rights –
political, civil, social, cultural and economic – are equal
in importance and none can be fully enjoyed without the
others. They apply to all equally, and all have the right to
participate in decisions that affect their lives. They are
upheld by the rule of law and strengthened through
legitimate claims for duty-bearers to be accountable to
international standards.
Universality and Inalienability: Human rights
are universal and inalienable. All people everywhere in
the world are entitled to them. The universality of
human rights is encompassed in the words of Article 1 of
the Universal Declaration of Human Rights: “All human
beings are born free and equal in dignity and rights.”
Indivisibility: Human rights are indivisible. Whether
they relate to civil, cultural, economic, political or social
issues, human rights are inherent to the dignity of every
human person. Consequently, all human rights have
equal status, and cannot be positioned in a hierarchical
order. Denial of one right invariably impedes enjoyment
of other rights. Thus, the right of everyone to an
adequate standard of living cannot be compromised at
the expense of other rights, such as the right to health or
the right to education.
Interdependence and Interrelatedness: Human rights
are interdependent and interrelated. Each one
contributes to the realization of a person’s human
dignity through the satisfaction of his or her
developmental, physical, psychological and spiritual
needs. The fulfilment of one right often depends, wholly
or in part, upon the fulfilment of others. For instance,
fulfilment of the right to health may depend, in certain
circumstances, on fulfilment of the right to development,
to education or to information.
Equality and Non-discrimination: All individuals are
equal as human beings and by virtue of the inherent
dignity of each human person. No one, therefore, should
suffer discrimination on the basis of race, colour,
ethnicity, gender, age, language, sexual orientation,
religion, political or other opinion, national, social or
geographical origin, disability, property, birth or other
status as established by human rights standards.
Participation and Inclusion: All people have the right
to participate in and access information relating to the
decision-making processes that affect their lives and
well-being. Rights-based approaches require a high
and other identified groups.
Accountability and Rule of Law: States and other
duty-bearers are answerable for the observance of
human rights. In this regard, they have to comply with
the legal norms and standards enshrined in
international human rights instruments. Where they fail
to do so, aggrieved rights-holders are entitled to institute
proceedings for appropriate redress before a competent
court or other adjudicator in accordance with the rules
and procedures provided by law. Individuals, the media,
civil society and the international community play
important roles in holding governments accountable for
their obligation to uphold human rights.
UNFPA supports the integration of human rights
standards into all stages of its programming framework,
including:
 Analyzing the immediate, underlying and
structural causes of human rights violations
 Setting strategies and goals to address the main
causes of human rights violations and to
empower the most vulnerable people as well as
to reinforce the capacity of duty bearers.
 Supporting initiatives for the establishment or
improvement of an enabling legal and social
framework on population and development,
reproductive health and gender equality
 Following the recommendations of UN treaty
bodies such as the Committee on the
Elimination of Discrimination Against Women
 Evaluating and monitoring programmes with
participatory processes and using human rights
indicators
UNFPA also recognizes that a rights-based approach
should be founded on an analysis of gender and social
exclusion to ensure that programmes reach marginal
and vulnerable segments of the population, especially
poor women and young people.
HUMAN RIGHTS INSTITUTIONS
The eight human rights treaty bodies are:
1. The Human Rights Committee (CCPR)
2. The Committee on Economic, Social and Cultural
Rights (CESCR)
3. The Committee on the Elimination of Racial
Discrimination (CERD)
4. The Committee on the Elimination of Discrimination
Against Women (CEDAW)
5. The Committee Against Torture (CAT) & Optional
Protocol to the Convention against Torture (OPCAT) -
Subcommittee on Prevention of Torture
6. The Committee on the Rights of the Child (CRC)
7. The Committee on Migrant Workers (CMW)
8. The Committee on the Rights of Persons with
Disabilities (CRPD)
(SEE PDF FILE)
THE INTERNATIONAL BILL OF RIGHTS
(SEE PDF FILE)
RIGHTS IN THE UNIVERSAL DECLARATION OF
HUMAN RIGHTS
Preamble
Whereas 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,
Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in
which human beings shall enjoy freedom of speech and
belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common
people,
Whereas it is essential, if man is not to be compelled to
have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be
protected by the rule of law,
Whereas it is essential to promote the development of
friendly relations between nations,
Whereas the peoples of the United Nations have in the
Charter reaffirmed their faith in fundamental human
rights, in the dignity and worth of the human person
and in the equal rights of men and women and have
determined to promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged themselves to
achieve, in cooperation with the United Nations, the
promotion of universal respect for and observance of
human rights and fundamental freedoms,
Whereas a common understanding of these rights and
freedoms is of the greatest importance for the full
realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as
a common standard of achievement for all peoples and
all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in
mind, shall strive by
teaching and education to promote respect for these
rights and freedoms and by progressive measures,
national and international, to secure their universal and
effective recognition and observance, both among the
peoples of Member States themselves and among the
peoples of territories under their jurisdiction.
Article I
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience
and should act towards one another in a spirit of
brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set
forth in this Declaration, 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.
Furthermore, no distinction shall be made on the basis
of the political, jurisdictional or international status of
the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of
person.
Article 4
No one shall be held in slavery or servitude; slavery and
the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a
person before the law.
Article 7
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are
entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement
to such discrimination.
Article 8
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the
fundamental rights granted him by the constitution or
by law.
Article 9
No one shall be subjected to arbitrary arrest, detention
or exile.
Article 10
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any
criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to
be presumed innocent until proved guilty according to
law in a public trial at which he has had all the
guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute
a penal offence, under national or international law, at
the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at
the time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with
his privacy, family, home or correspondence, nor to
attacks upon his honour and reputation. Everyone has
the right to the protection of the law against such
interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and
residence within the borders of each State.
2. Everyone has the right to leave any country, including
his own, and to return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
2. This right may not be invoked in the case of
prosecutions genuinely arising from non-political crimes
or from acts contrary to the purposes and principles of
the United Nations.
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality.
Article 16
1. Men and women of full age, without any limitation
due to race, nationality or religion, have the right to
marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its
dissolution.
2. Marriage shall be entered into only with the free and
full consent of the intending spouses.
3. The family is the natural and fundamental group unit
of society and is entitled to protection by society and the
State.
Article 17
1. Everyone has the right to own property alone as well
as in association with others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in
community with others and in public or private, to
manifest his religion or belief in teaching, practice,
worship and observance.
Article 19
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless
of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful
assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government
of his country, directly or through freely chosen
representatives.
2. Everyone has the right to equal access to public
service in his country.
3. The will of the people shall be the basis of the
authority of government; this will shall be expressed in
periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social
security and is entitled to realization, through national
effort and international co-operation and in accordance
with the organization and resources of each State, of the
economic, social and cultural rights indispensable for
his dignity and the free development of his personality.
Article 23
1. Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work
and to protection against unemployment.
2. Everyone, without any discrimination, has the right to
equal pay for equal work.
3. Everyone who works has the right to just and
favourable remuneration ensuring for himself and his
family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social
protection.
4. Everyone has the right to form and to join trade
unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic
holidays with pay.
Article 25
1. Everyone has the right to a standard of living
adequate for the health and well-being of himself and of
his family, including food, clothing, housing and medical
care and necessary social services, and the right to
security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood
in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.
Article 26
1. Everyone has the right to education. Education shall
be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory.
Technical and professional education shall be made
generally available and higher education shall be equally
accessible to all on the basis of merit.
2. Education shall be directed to the full development of
the human personality and to the strengthening of
respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship
among all nations, racial or religious groups, and shall
further the activities of the United Nations for the
maintenance of peace.
3. Parents have a prior right to choose the kind of
education that shall be given to their children.
Article 27
1. Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and to
share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral
and material interests resulting from any scientific,
literary or artistic production of which he is the author.
 Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this
Declaration can be fully realized.
Article 29
1. Everyone has duties to the community in which alone
the free and full development of his personality is
possible.
2. In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are
determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of
others and of meeting the just requirements of morality,
public order and the general welfare in a democratic
society.
3. These rights and freedoms may in no case be
exercised contrary to the purposes and principles of the
United Nations.
Article 30
Nothing in this Declaration 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 and freedoms set forth
herein.
THE CORE INTERNATIONAL HUMAN RIGHTS
TREATIES
1. The International Covenant on Civil and Political
Rights (ICCPR) (1976)
2. The International Covenant on Economic, Social
and Cultural Rights (ICESCR) (1976)
3. The International Convention on the Elimination
of All Forms of Racial Discrimination (ICERD)
(1969)
4. The Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW)
(1981)
5. The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or
Punishment (CAT) (1987)
6. The Convention on the Rights of the Child (CRC)
(1990)
7. The International Convention on the Protection
of the Rights of All Migrant Workers and
Members of their Families (ICRMW) (2003)
8. The International Convention on the Rights of
Persons with Disabilities (2008)
9. The International Convention for the Protection
of All Persons from Enforced Disappearance
(This treaty had not entered into force as of June
2008.)
THE HUMAN RIGHTS-BASED APPROACHED
DEFINITION
A human rights-based approach is a conceptual
framework for the process of human development that is
normatively based on international human rights
standards and operationally directed to promoting and
protecting human rights. It seeks to analyse inequalities
which lie at the heart of development problems and
redress discriminatory practices and unjust
distributions of power that impede development progress.
THE MILLENIUM DEVELOPMENT GOALS
 End Poverty and Hunger
 Universal Education
 Gender Equality
 Child Health
 Maternal Health
 Combat HIV/AIDS
 Environmental Sustainability
 Global Partnership

CATEGORIES OF CHILDREN’S RIGHTS AND WHAT
COMPOSES EACH CATEGORY
PROTECTION RIGHTS: KEEPING SAFE FROM HARM
Article 4 (Protection of rights): Governments have a
responsibility to take all available measures to make
sure children’s rights are respected, protected and
fulfilled. When countries ratify the Convention, they
agree to review their laws relating to children. This
involves assessing their social services, legal, health and
educational systems, as well as levels of funding for
these services. Governments are then obliged to take all
necessary steps to ensure that the minimum standards
set by the Convention in these areas are being met. They
must help families protect children’s rights and create
an environment where they can grow and reach their
potential. In some instances, this may involve changing
existing laws or creating new ones. Such legislative
changes are not imposed, but come about through the
same process by which any law is created or reformed
within a country. Article 41 of the Convention points out
the when a country already has higher legal standards
than those seen in the Convention, the higher standards
always prevail. (See Optional Protocol pages.)
Article 11 (Kidnapping): Governments should take
steps to stop children being taken out of their own
country illegally. This article is particularly concerned
with parental abductions. The Convention’s Optional
Protocol on the sale of children, child prostitution and
child pornography has a provision that concerns
abduction for financial gain.
Article 19 (Protection from all forms of violence):
Children have the right to be protected from being hurt
and mistreated, physically or mentally. Governments
should ensure that children are properly cared for and
protect them from violence, abuse and neglect by their
parents, or anyone else who looks after them. In terms of
discipline, the Convention does not specify what forms of
punishment parents should use. However any form of
discipline involving violence is unacceptable. There are
ways to discipline children that are effective in helping
children learn about family and social expectations for
their behaviour – ones that are non-violent, are
appropriate to the child's level of development and take
the best interests of the child into consideration. In most
countries, laws already define what sorts of punishments
are considered excessive or abusive. It is up to each
government to review these laws in light of the
Convention.
Article 20 (Children deprived of family environment):
Children who cannot be looked after by their own family
have a right to special care and must be looked after
properly, by people who respect their ethnic group,
religion, culture and language.
Article 21 (Adoption): Children have the right to care
and protection if they are adopted or in foster care. The
first concern must be what is best for them. The same
rules should apply whether they are adopted in the
country where they were born, or if they are taken to live
in another country.
Article 22 (Refugee children): Children have the right
to special protection and help if they are refugees (if they
have been forced to leave their home and live in another
country), as well as all the rights in this Convention.
Article 32 (Child labour): The government should
protect children from work that is dangerous or might
harm their health or their education. While the
Convention protects children from harmful and
exploitative work, there is nothing in it that prohibits
parents from expecting their children to help out at
home in ways that are safe and appropriate to their age.
If children help out in a family farm or business, the
tasks they do be safe and suited to their level of
development and comply with national labour laws.
Children's work should not jeopardize any of their other
rights, including the right to education, or the right to
relaxation and play.
Article 33 (Drug abuse): Governments should use all
means possible to protect children from the use of
harmful drugs and from being used in the drug trade.
Article 34 (Sexual exploitation): Governments should
protect children from all forms of sexual exploitation and
abuse. This provision in the Convention is augmented by
the Optional Protocol on the sale of children, child
prostitution and child pornography. (See Optional
Protocol pages.)
Article 35 (Abduction, sale and trafficking): The
government should take all measures possible to make
sure that children are not abducted, sold or trafficked.
This provision in the Convention is augmented by the
Optional Protocol on the sale of children, child
prostitution and child pornography. (See Optional
Protocol pages.)
Article 36 (Other forms of exploitation): Children
should be protected from any activity that takes
advantage of them or could harm their welfare and
development.
Article 37 (Detention and punishment): No one is
allowed to punish children in a cruel or harmful way.
Children who break the law should not be treated cruelly.
They should not be put in prison with adults, should be
able to keep in contact with their families, and should
not be sentenced to death or life imprisonment without
possibility of release.
Article 38 (War and armed conflicts): Governments
must do everything they can to protect and care for
children affected by war. Children under 15 should not
be forced or recruited to take part in a war or join the
armed forces. The Convention’s Optional Protocol on the
involvement of children in armed conflict further
develops this right, raising the age for direct
participation in armed conflict to 18 and establishing a
ban on compulsory recruitment for children under 18.
Article 39 (Rehabilitation of child victims): Children
who have been neglected, abused or exploited should
receive special help to physically and psychologically
recover and reintegrate into society. Particular attention
should be paid to restoring the health, self-respect and
dignity of the child.
Article 40 (Juvenile justice): Children who are accused
of breaking the law have the right to legal help and fair
treatment in a justice system that respects their rights.
Governments are required to set a minimum age below
which children cannot be held criminally responsible
and to provide minimum guarantees for the fairness and
quick resolution of judicial or alternative proceedings.
Article 41 (Respect for superior national standards):
If the laws of a country provide better protection of
children’s rights than the articles in this Convention,
those laws should apply.
SURVIVAL AND DEVELOPMENT RIGHTS: THE BASIC
RIGHTS TO LIFE, SURVIVAL AND DEVELOPMENT OF
ONE’S FULL POTENTIAL
Article 4 (Protection of rights): Governments have a
responsibility to take all available measures to make
sure children’s rights are respected, protected and
fulfilled. When countries ratify the Convention, they
agree to review their laws relating to children. This
involves assessing their social services, legal, health and
educational systems, as well as levels of funding for
these services. Governments are then obliged to take all
necessary steps to ensure that the minimum standards
set by the Convention in these areas are being met. They
must help families protect children’s rights and create
an environment where they can grow and reach their
potential. In some instances, this may involve changing
existing laws or creating new ones. Such legislative
changes are not imposed, but come about through the
same process by which any law is created or reformed
within a country. Article 41 of the Convention points out
the when a country already has higher legal standards
than those seen in the Convention, the higher standards
always prevail. (See Optional Protocol pages.)
Article 5 (Parental guidance): Governments should
respect the rights and responsibilities of families to
direct and guide their children so that, as they grow,
they learn to use their rights properly. Helping children
to understand their rights does not mean pushing them
to make choices with consequences that they are too
young to handle. Article 5 encourages parents to deal
with rights issues "in a manner consistent with the
evolving capacities of the child". The Convention does
not take responsibility for children away from their
parents and give more authority to governments. It does
place on governments the responsibility to protect and
assist families in fulfilling their essential role as
nurturers of children.
Article 6 (Survival and development): Children have
the right to live. Governments should ensure that
children survive and develop healthily.
Article 7 (Registration, name, nationality, care): All
children have the right to a legally registered name,
officially recognised by the government. Children have
the right to a nationality (to belong to a country).
Children also have the right to know and, as far as
possible, to be cared for by their parents.
Article 8 (Preservation of identity): Children have the
right to an identity – an official record of who they are.
Governments should respect children’s right to a name,
a nationality and family ties.
Article 9 (Separation from parents): Children have the
right to live with their parent(s), unless it is bad for them.
Children whose parents do not live together have the
right to stay in contact with both parents, unless this
might hurt the child.
Article 10 (Family reunification): Families whose
members live in different countries should be allowed to
move between those countries so that parents and
children can stay in contact, or get back together as a
family.
Article 14 (Freedom of thought, conscience and
religion): Children have the right to think and believe
what they want and to practise their religion, as long as
they are not stopping other people from enjoying their
rights. Parents should help guide their children in these
matters. The Convention respects the rights and duties
of parents in providing religious and moral guidance to
their children. Religious groups around the world have
expressed support for the Convention, which indicates
that it in no way prevents parents from bringing their
children up within a religious tradition. At the same time,
the Convention recognizes that as children mature and
are able to form their own views, some may question
certain religious
practices or cultural traditions. The Convention supports
children's right to examine their beliefs, but it also states
that their right to express their beliefs implies respect for
the rights and freedoms of others.
Article 18 (Parental responsibilities; state
assistance): Both parents share responsibility for
bringing up their children, and should always consider
what is best for each child. Governments must respect
the responsibility of parents for providing appropriate
guidance to their children – the Convention does not
take responsibility for children away from their parents
and give more authority to governments. It places a
responsibility on governments to provide support
services to parents, especially if both parents work
outside the home.
Article 20 (Children deprived of family environment):
Children who cannot be looked after by their own family
have a right to special care and must be looked after
properly, by people who respect their ethnic group,
religion, culture and language.
Article 22 (Refugee children): Children have the right
to special protection and help if they are refugees (if they
have been forced to leave their home and live in another
country), as well as all the rights in the Convention.
Article 23 (Children with disabilities): Children who
have any kind of disability have the right to special care
and support, as well as all the rights in the Convention,
so that they can live full and independent lives.
Article 24 (Health and health services): Children have
the right to good quality health care – the best health
care possible – to safe drinking water, nutritious food, a
clean and safe environment, and information to help
them stay healthy. Rich countries should help poorer
countries achieve this.
Article 25 (Review of treatment in care): Children who
are looked after by their local authorities, rather than
their parents, have the right to have these living
arrangements looked at regularly to see if they are the
most appropriate. Their care and treatment should
always be based on “the best interests of the child”. (see
Guiding Principles, Article 3)
Article 26 (Social security): Children – either through
their guardians or directly – have the right to help from
the government if they are poor or in need.
Article 27 (Adequate standard of living): Children have
the right to a standard of living that is good enough to
meet their physical and mental needs. Governments
should help families and guardians who cannot afford to
provide this, particularly with regard to food, clothing
and housing.
Article 28: (Right to education): All children have the
right to a primary education, which should be free.
Wealthy countries should help poorer countries achieve
this right. Discipline in schools should respect children’s
dignity. For children to benefit from education, schools
must be run in an orderly way – without the use of
violence. Any form of school discipline should take into
account the child's human dignity. Therefore,
governments must ensure that school administrators
review their discipline policies and eliminate any
discipline practices involving physical or mental violence,
abuse or neglect. The Convention places a high value on
education. Young people should be encouraged to reach
the highest level of education of which they are capable.
Article 29 (Goals of education): Children’s education
should develop each child’s personality, talents and
abilities to the fullest. It should encourage children to
respect others, human rights and their own and other
cultures. It should also help them learn to live peacefully,
protect the environment and respect other people.
Children have a particular responsibility to respect the
rights their parents, and education should aim to
develop respect for the values and culture of their
parents. The Convention does not address such issues
as school uniforms, dress codes, the singing of the
national anthem or prayer in schools. It is up to
governments and school officials in each country to
determine whether, in the context of their society and
existing laws, such matters infringe upon other rights
protected by the Convention.
Article 30 (Children of minorities/indigenous
groups): Minority or indigenous children have the right
to learn about and practice their own culture, language
and religion. The right to practice one’s own culture,
language and religion applies to everyone; the
Convention here highlights this right in instances where
the practices are not shared by the majority of people in
the country.
Article 31 (Leisure, play and culture): Children have
the right to relax and play, and to join in a wide range of
cultural, artistic and other recreational activities.
Article 42 (Knowledge of rights): Governments should
make the Convention known to adults and children.
Adults should help children learn about their rights, too.
(See Protection rights, article 4.)
PARTICIPATION RIGHTS: HAVING AN ACTIVE VOICE
Article 4 (Protection of rights): Governments have a
responsibility to take all available measures to make
sure children’s rights are respected, protected and
fulfilled. When countries ratify the Convention, they
agree to review their laws relating to children. This
involves assessing their social services, legal, health and
educational systems, as well as levels of funding for
these services. Governments are then obliged to take all
necessary steps to ensure that the minimum standards
set by the Convention in these areas are being met. They
must help families protect children’s rights and create
an environment where they can grow and reach their
potential. In some instances, this may involve changing
existing laws or creating new ones. Such legislative
changes are not imposed, but come about through the
same process by which any law is created or reformed
within a country. Article 41 of the Convention points out
the when a country already has higher legal standards
than those seen in the Convention, the higher standards
always prevail. (See Optional Protocol pages.)
Article 12 (Respect for the views of the child): When
adults are making decisions that affect children, children
have the right to say what they think should happen and
have their opinions taken into account.
Article 13 (Freedom of expression): Children have the
right to get and share information, as long as the
information is not damaging to them or others. In
exercising the right to freedom of expression, children
have the responsibility to also respect the rights,
freedoms and reputations of others. The freedom of
expression includes the right to share information in any
way they choose, including by talking, drawing or writing.
Article 14 (Freedom of thought, conscience and
religion): Children have the right to think and believe
what they want and to practice their religion, as long as
they are not stopping other people from enjoying their
rights. Parents should help guide their children in these
matters. The Convention respects the rights and duties
of parents in providing religious and moral guidance to
their children. Religious groups around the world have
expressed support for the Convention, which indicates
that it in no way prevents parents from bringing their
children up within a religious tradition. At the same time,
the Convention recognizes that as children mature and
are able to form their own views, some may question
certain religious practices or cultural traditions. The
Convention supports children's right to examine their
beliefs, but it also states that their right to express their
beliefs implies respect for the rights and freedoms of
others.
Article 15 (Freedom of association): Children have the
right to meet together and to join groups and
organisations, as long as it does not stop other people
from enjoying their rights. In exercising their rights,
children have the responsibility to respect the rights,
freedoms and reputations of others.
Article 16 (Right to privacy): Children have a right to
privacy. The law should protect them from attacks
against their way of life, their good name, their families
and their homes.
Article 17 (Access to information; mass media):
Children have the right to get information that is
important to their health and well-being. Governments
should encourage mass media – radio, television,
newspapers and Internet content sources – to provide
information that children can understand and to not
promote materials that could harm children. Mass media
should particularly be encouraged to supply information
in languages that minority and indigenous children can
understand. Children should also have access to
children’s books.
GUIDING PRINCIPLES OF THE CRC
FEATURES OF THE CRC
(1) The first UNIVERSAL LEGALLY BINDING code of
child rights in history
(2) MOST RATIFIED UN treaty/convention
(3) UNPRECEDENTED RAPIDITY in signing and entry
into force
(4) MOST COMPREHENSIVE International human rights
instrument
(5) INTERDEPENDENCE & INDIVISIBILITY of children’s
rights
(6) Lays down common standards but flexible in
implementation
(7) CULTURE SENSITIVE
(8) Incorporates NEW ATTITUDES towards children
IDENTIFICATION OF THE CRC OPTIONAL
PROTOCOLS
OPTIONAL PROTOCOLS TO CRC
(i) 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 Child1
and the implementation of its provisions, especially
articles 1, 11, 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 in 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, held in
Vienna in 1999, 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,
child 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 in children,
Believing also that efforts to raise public awareness are
needed to reduce consumer demand for the sale of
children, child prostitution and child pornography, and
believing further in the importance of strengthening
global partnership among all actors and of improving law
enforcement at the national level,
Noting the provisions of international legal instruments
relevant to the protection of children, including the
Hague Convention on Protection of Children and
Cooperation in Respect of Intercountry 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 at the
World Congress against Commercial Sexual
Exploitation of Children, held in 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 purposes of the present Protocol:
(a) Sale of children means any act or transaction
whereby a child is transferred by any 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
1. Each State Party shall ensure that, as a minimum,
the following acts and activities are fully covered under
its criminal or penal law, whether such 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:
(i) 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 the national law of a State
Party, the same shall apply to an attempt to commit any
of the said acts and to complicity or participation in any
of the said acts.
3. Each State Party shall make such 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 of legal persons for offences
established in paragraph 1 of the present article. Subject
to the legal principles of the State Party, such liability of
legal persons may be criminal, civil or administrative.
5. States Parties shall take all appropriate legal and
administrative measures to ensure that all persons
involved in the adoption of a child act in conformity with
applicable international legal instruments.
Article 4
1. Each State Party shall take such measures as may be
necessary to establish its jurisdiction over the offences
referred to in article 3, paragraph 1, when the offences
are commited 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, paragraph 1, 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 jurisdiction over the
aforementioned offences when the alleged offender is
present in its territory and it does not extradite him or
her to another State Party on the ground that the offence
has been committed by one of its nationals.
4. The present Protocol does not exclude any criminal
jurisdiction exercised in accordance with internal law.
Article 5
1. The offences referred to in article 3, paragraph 1, 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 such
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 the present Protocol to be 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 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);
(c) Take measures aimed at closing, on a temporary or
definitive basis, premises used to commit such offences.
Article 8
1. 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 child
victims to be presented and considered in proceedings
where their personal interests are affected, in a manner
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 victims.
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 to be
prejudicial to or inconsistent with the rights of the
accused to a fair and impartial trial.
Article 9
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 protect children who are especially vulnerable to
such 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 10
1. 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 11
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:
(a) The law of a State Party;
(b) International law in force for that State.
Article 12
1. Each State Party shall, within two years following the
entry into force of the present Protocol for that State
Party, submit 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
accordance with article 44 of the Convention, any further
information with respect to the implementation of the
present 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 the present Protocol.
Article 13
1. 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 accession shall be deposited with the Secretary-
General of the United Nations.
Article 14
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 Protocol shall
enter into force one month after the date of the deposit of
its own instrument of ratification or accession.
Article 15
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.
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 offence 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 on the
Rights of the Child 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 of the United Nations 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 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 they
have accepted.
Article 17
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 Parties to the Convention and all States that have
signed the Convention.
(ii) 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 it 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 that generally
have a significant presence of children, such as schools
and hospitals,
Noting the adoption of the Rome Statute of the
International Criminal Court, in particular, the inclusion
therein 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 1 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
that raises 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 below the age
of 18 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,
Recalling the obligation of each party to an armed
conflict to abide by the provisions of international
humanitarian law,
Stressing that the present 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 the present 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 armed conflicts,
Convinced of the need to strengthen international
cooperation in the implementation of the present
Protocol, as well as the physical and psychosocial
rehabilitation and social reintegration of children who
are victims of armed 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 in years 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,1 taking account of the principles contained in
that article and recognizing that under the Convention
persons under the age of 18 years are entitled to special
protection.
2. Each State Party shall deposit a binding declaration
upon ratification of or accession to the present 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 it has adopted to ensure
that such recruitment is not forced or coerced.
3. States Parties that permit voluntary recruitment into
their national armed forces under the age of 18 years
shall maintain safeguards to ensure, as a minimum,
that:
(a) Such recruitment is genuinely voluntary;
(b) Such recruitment is carried out 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 1 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
1. Armed groups that are distinct from the armed forces
of a State should not, under 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 application of the present article shall not affect
the legal status of any party to an armed conflict.
Article 5
Nothing in the present Protocol shall be construed as
precluding provisions 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 to ensure the
effective implementation and enforcement of the
provisions of the present Protocol within its jurisdiction.
2. States Parties undertake to make the principles and
provisions of the present 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 jurisdiction recruited or
used in hostilities contrary to the present Protocol are
demobilized or otherwise released from service. States
Parties shall, when necessary, accord to such persons 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 thereto and in the rehabilitation and
social reintegration of persons who are victims of acts
contrary thereto, including through technical
cooperation and financial assistance. Such assistance
and cooperation will be undertaken in consultation with
the States Parties concerned and the 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
1. Each State Party shall, within two years following the
entry into force of the present Protocol for that State
Party, submit 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 it submits
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 the present Protocol.
Article 9
1. 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 3.
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 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 on the Rights of
the Child 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 of the United Nations 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 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 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.
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.
RA 7610 : WHO IS A CHILD
(a) "Children" refers to person below eighteen (18) years
of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
WHAT IS CHILD ABUSE
"Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment
to an injured child resulting in serious
impairment of his growth and development or in
his permanent incapacity or death.
WHO CAN FILE
Section 27. Who May File a Complaint. – Complaints
on cases of unlawful acts committed against the children
as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the
third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a
licensed child-caring institution;
(e) Officer or social worker of the Department of
Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible
citizens where the violation occurred.
WHAT IS ATTEMPT TO COMMIT CHILD
PROSTITUTION
Attempt To Commit Child Prostitution. – There is an
attempt to commit child prostitution under Section 5,
paragraph (a) hereof when any person who, not being a
relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution,
under paragraph (b) of Section 5 hereof when any person
is receiving services from a child in a sauna parlor or
bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than
that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of
the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised
Penal Code.
WHAT IS ATTEMPT TO COMMIT CHILD
TRAFFICKING
Section 8. Attempt to Commit Child Trafficking. –
There is an attempt to commit child trafficking under
Section 7 of this Act:1awphi1@alf
 (a) When a child travels alone to a foreign
country without valid reason therefor and
without clearance issued by the Department of
Social Welfare and Development or written
permit or justification from the child's parents or
legal guardian;
(c) When a person, agency, establishment or
child-caring institution recruits women or
couples to bear children for the purpose of child
trafficking; or
(d) When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose
of child trafficking; or
(e) When a person engages in the act of finding
children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other
child-during institutions who can be offered for
the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for
the consummated felony under Section 7 hereof shall be
imposed upon the principals of the attempt to commit
child trafficking under this Act.
WHAT ARE OTHER ACTS OF NEGLECT, ABUSE,
CRUELTY OR EXPLOITATION
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the
Child's Development. –
(a) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for
other conditions prejudicial to the child's development
including those covered by Article 59 of Presidential
Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty
of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other
tourist resort or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine of not
less than Fifty thousand pesos (P50,000): Provided, That
this provision shall not apply to any person who is
related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or
legal duty.
(c) Any person who shall induce, deliver or offer a minor
to any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall
be prision mayor in its maximum period, a fine of not
less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.
(d) Any person, owner, manager or one entrusted with
the operation of any public or private place of
accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any
person to take along with him to such place or places
any minor herein described shall be imposed a penalty of
prision mayor in its medium period and a fine of not less
than Fifty thousand pesos (P50,000), and the loss of the
license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate
a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug
trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the
penalty of prision correccional in its medium
period to reclusion perpetua.
For purposes of this Act, the penalty for the commission
of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of
murder, homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable
under Article 337, 339, 340 and 341 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the
consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree
higher than that imposed by law when the victim is
under twelve (12) years age.
The victim of the acts committed under this section shall
be entrusted to the care of the Department of Social
Welfare and Development.
WHAT ACTS ARE CONSIDERED CHILD
PORNOGRAPHY IN THE ANTI-CHILD PORNOGRAPHY
ACT
"Child pornography" refers to any representation,
whether visual, audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in real or
simulated explicit sexual activities.
WHAT CONSTITUTES ANTI-TRAFFICKING IN RA
9208
“refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the
victim's consent or knowledge, within or across national
borders by means of threat or use of force, or other
forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person for the purpose of
exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall
also be considered as "trafficking in persons" even if it
does not involve any of the means set forth in the
preceding paragraph.”
Section 4. Acts of Trafficking in Persons. - It shall be
unlawful for any person, natural or juridical, to commit
any of the following acts:
(a) To recruit, transport, transfer; harbor,
provide, or receive a person by any means,
including those done under the pretext of
domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or
material, economic or other consideration, any
person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national,
for marriage for the purpose of acquiring, buying,
offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or
debt bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or
debt bondage;
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and offering
persons for prostitution, pornography or sexual
exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of persons
for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a
person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said
person; and
(h) To recruit, transport or adopt a child to
engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. - The
following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow
to be used any house, building or establishment
for the purpose of promoting trafficking in
persons;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and certificates
of any government agency which issues these
certificates and stickers as proof of compliance
with government regulatory and pre-departure
requirements for the purpose of promoting
trafficking in persons;
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the use of
information technology and the internet, of any
brochure, flyer, or any propaganda material that
promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation
or fraud for purposes of facilitating the
acquisition of clearances and necessary exit
documents from government agencies that are
mandated to provide pre-departure registration
and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and
entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in possession
of unissued, tampered or fraudulent travel
documents for the purpose of promoting
trafficking in persons;
(f) To confiscate, conceal, or destroy the passport,
travel documents, or personal documents or
belongings of trafficked persons in furtherance
of trafficking or to prevent them from leaving the
country or seeking redress from the government
or appropriate agencies; and
(g) To knowingly benefit from, financial or
otherwise, or make use of, the labor or services
of a person held to a condition of involuntary
servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The
following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through
Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said
adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate,
or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or
confederating with one another. It is deemed
committed in large scale if committed against
three (3) or more persons, individually or as a
group;
(d) When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person or when the
offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to
engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military
or law enforcement agencies; and
(g) When by reason or on occasion of the act of
trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome
(AIDS).
RA 9344: AGE OF CRIMINAL RESPONSIBILITY,
DISCERNMENT, DIVERSION, RESTORATIVE JUSTICE
SEC. 6. Minimum Age of Criminal Responsibility. - A
child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability herein established
does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.
SEC. 7. Determination of Age. - The child in conflict
with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict
with the law until he/she is proven to be eighteen (18)
years old or older. The age of a child may be determined
from the child's birth certificate, baptismal certificate or
any other pertinent documents. In the absence of these
documents, age may be based on information from the
child himself/herself, testimonies of other persons, the
physical appearance of the child and other relevant
evidence. In case of doubt as to the age of the child, it
shall be resolved in his/her favor.
Any person contesting the age of the child in conflict
with the law prior to the filing of the information in any
appropriate court may file a case in a summary
proceeding for the determination of age before the Family
Court which shall decide the case within twenty-four (24)
hours from receipt of the appropriate pleadings of all
interested parties.
If a case has been fiied against the child in conflict with
the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the
child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the
main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors,
judges and other government officials concerned shall
exert all efforts at determining the age of the child in
conflict with the law.
RA 9262: WHAT CONSTITUTES VAWC,
Violence against women and their children" refers to any
act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to,
the following acts:
A. "Physical Violence" refers to acts that include bodily or
physical harm;
B. "Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
includes, but is not limited to:
a) rape, sexual harassment, acts of
lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the
victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman
or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with
the abuser;
b) acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other
harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the
victim to witness the physical, sexual or psychological
abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or
visitation of common children.
D. "Economic abuse" refers to acts that make or attempt
to make a woman financially dependent which includes,
but is not limited to the following:
1. withdrawal of financial support or preventing
the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family
Code;
2. deprivation or threat of deprivation of
financial resources and the right to the use and
enjoyment of the conjugal, community or property owned
in common;
3. destroying household property;
4. controlling the victims' own money or
properties or solely controlling the conjugal money or
properties.
PROTECTIVE ORDERS
SECTION 8. Protection Orders.- A protection order is an
order issued under this act for the purpose of preventing
further acts of violence against a woman or her child
specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim's
daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life.
The provisions of the protection order shall be enforced
by law enforcement agencies. The protection orders that
may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO)
and permanent protection order (PPO). The protection
orders that may be issued under this Act shall include
any, some or all of the following reliefs:
(a) Prohibition of the respondent from
threatening to commit or committing, personally
or through another, any of the acts mentioned in
Section 5 of this Act;
(b) Prohibition of the respondent from harassing,
annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or (j) Directing the DSWD or any appropriate
indirectly; agency to provide petitioner may need; and

(c) Removal and exclusion of the respondent
from the residence of the petitioner, regardless of
ownership of the residence, either temporarily
for the purpose of protecting the petitioner, or
permanently where no property rights are
violated, and if respondent must remove
personal effects from the residence, the court
shall direct a law enforcement agent to
accompany the respondent has gathered his
things and escort respondent from the
residence;
(k) Provision of such other forms of relief as the
court deems necessary to protect and provide for
the safety of the petitioner and any designated
family or household member, provided petitioner
and any designated family or household member
consents to such relief.
Any of the reliefs provided under this section
shall be granted even in the absence of a decree
of legal separation or annulment or declaration
of absolute nullity of marriage.

(d) Directing the respondent to stay away from The issuance of a BPO or the pendency of an
petitioner and designated family or household application for BPO shall not preclude a
member at a distance specified by the court, and petitioner from applying for, or the court from
to stay away from the residence, school, place of granting a TPO or PPO.
employment, or any specified place frequented
by the petitioner and any designated family or
household member;

(e) Directing lawful possession and use by

petitioner of an automobile and other essential
personal effects, regardless of ownership, and
directing the appropriate law enforcement officer
to accompany the petitioner to the residence of
the parties to ensure that the petitioner is safely
restored to the possession of the automobile and
other essential personal effects, or to supervise
the petitioner's or respondent's removal of
personal belongings;

(f) Granting a temporary or permanent custody

of a child/children to the petitioner;

(g) Directing the respondent to provide support

to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the
contrary, the court shall order an appropriate
percentage of the income or salary of the
respondent to be withheld regularly by the
respondent's employer for the same to be
automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in
the remittance of support to the woman and/or
her child without justifiable cause shall render
the respondent or his employer liable for indirect
contempt of court;
(h) Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and
order him to surrender the same to the court for
appropriate disposition by the court, including
revocation of license and disqualification to
apply for any license to use or possess a firearm.
If the offender is a law enforcement agent, the
court shall order the offender to surrender his
firearm and shall direct the appropriate
authority to investigate on the offender and take
appropriate action on matter;

(i) Restitution for actual damages caused by the

violence inflicted, including, but not limited to,
property damage, medical expenses, childcare
expenses and loss of income;