A/RES/57/190 GA
Rights of the child : resolution / adopted by the General Assembly
57
Session
175
Yes
2
No
0
Abstentions
| Draft symbol | A/C.3/57/L.25/Rev.1 |
|---|---|
| Adopted symbol | A/RES/57/190 |
| Category | SOCIAL CONDITIONS AND EQUITY |
| Voeten Topics ⓘ | |
| Significance | ★ Important vote US State Dept designation |
| P5 Positions |
|
| UN Document | A/RES/57/190 ↗ |
Vote Recorded Vote — A/57/PV.77
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Afghanistan
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Albania
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Algeria
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Andorra
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Angola
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Antigua and Barbuda
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Argentina
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Armenia
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Australia
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Austria
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Azerbaijan
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Bahamas
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Bahrain
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Bangladesh
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Barbados
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Belarus
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Belgium
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Belize
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Benin
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Bhutan
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Plurinational State of Bolivia
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Bosnia and Herzegovina
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Botswana
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Brazil
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Brunei Darussalam
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Bulgaria
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Burkina Faso
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Burundi
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Cambodia
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Cameroon
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Canada
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Cabo Verde
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Chile
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China
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Colombia
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Comoros
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Congo
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Costa Rica
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Côte d'Ivoire
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Croatia
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Cuba
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Cyprus
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Czechia
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Democratic People's Republic of Korea
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Democratic Republic of the Congo
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Denmark
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Djibouti
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Dominica
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Dominican Republic
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Ecuador
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Egypt
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El Salvador
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Equatorial Guinea
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Eritrea
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Estonia
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Ethiopia
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Finland
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France
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Gabon
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Gambia
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Georgia
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Germany
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Ghana
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Greece
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Grenada
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Guatemala
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Guinea
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Guyana
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Haiti
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Honduras
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Hungary
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Iceland
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India
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Indonesia
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Islamic Republic of Iran
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Ireland
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Israel ⚠
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Italy
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Jamaica
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Japan
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Jordan
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Kazakhstan
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Kenya
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Kuwait
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Kyrgyzstan
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Lao People's Democratic Republic
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Latvia
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Lebanon
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Lesotho
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Libya
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Liechtenstein
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Lithuania
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Luxembourg
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Madagascar
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Malawi
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Malaysia
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Maldives
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Mali
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Malta
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Mauritania
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Mauritius
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Mexico
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Micronesia (Federated States of) ⚠
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Monaco
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Mongolia
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Morocco
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Mozambique
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Myanmar
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Namibia
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Nauru
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Nepal
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Netherlands
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New Zealand
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Nicaragua
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Nigeria
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Norway
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Oman
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Pakistan
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Panama
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Papua New Guinea
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Paraguay
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Peru
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Philippines
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Poland
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Portugal
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Qatar
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Republic of Korea
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Romania
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Russian Federation
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Saint Lucia
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Saint Vincent and the Grenadines
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Samoa
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San Marino
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Sao Tome and Principe
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Saudi Arabia
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Senegal
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Seychelles
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Sierra Leone
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Singapore
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Slovakia
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Slovenia
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Solomon Islands
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Somalia
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South Africa
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Spain
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Sri Lanka
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Sudan
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Suriname
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Eswatini
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Sweden
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Switzerland
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Syrian Arab Republic
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Tajikistan
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Thailand
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North Macedonia
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Timor-Leste
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Togo
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Tonga
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Trinidad and Tobago
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Tunisia
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Türkiye
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Turkmenistan
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Uganda
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Ukraine
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United Arab Emirates
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United Kingdom of Great Britain and Northern Ireland
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United Republic of Tanzania
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Uruguay
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Uzbekistan
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Bolivarian Republic of Venezuela
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Viet Nam
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Yemen
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Yugoslavia
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Zambia
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Zimbabwe
Full text of resolution
United Nations
A/RES/57/190
General Assembly
Distr.: General
19 February 2003
Fifty-seventh session
Agenda item 105
02 55082
Resolution adopted by the General Assembly
[on the report of the Third Committee (A/57/552)]
57/190. Rights of the child
The General Assembly,
Reaffirming all of its resolutions on the rights of the child, in particular
resolutions 55/78 and 55/79 of 4 December 2000, recalling resolution 56/138 of
19 December 2001, and taking note with appreciation of Commission on Human
Rights resolution 2002/92 of 26 April 2002,1
Bearing in mind the Convention on the Rights of the Child,2 emphasizing that
the provisions of the Convention and other relevant human rights instruments must
constitute the standard in the promotion and protection of the rights of the child, and
reaffirming that the best interest of the child shall be the primary consideration in all
actions concerning children,
Welcoming the entry into force of the Optional Protocols to the Convention on
the Rights of the Child on the involvement of children in armed conflict and on the
sale of children, child prostitution and child pornography,3
Reaffirming the World Declaration on the Survival, Protection and
Development of Children and the Plan of Action for Implementing the World
Declaration on the Survival, Protection and Development of Children in the 1990s
adopted by the World Summit for Children, held in New York on 29 and
30 September 1990,4 and the Vienna Declaration and Programme of Action adopted
by the World Conference on Human Rights, held at Vienna from 14 to 25 June
1993,5 which, inter alia, states that national and international mechanisms and
programmes for the defence and protection of children, in particular those in
especially difficult circumstances, should be strengthened, including through
effective measures to combat the exploitation and abuse of children, female
infanticide, harmful child labour, the sale of children and organs, child prostitution
_______________
1 See Official Records of the Economic and Social Council, 2002, Supplement No. 3 (E/2002/23), chap. II,
sect. A.
2 Resolution 44/25, annex.
3 Resolution 54/263, annexes I and II.
4 A/45/625, annex.
5 A/CONF.157/24 (Part I), chap. III.
A/RES/57/190
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and child pornography, and which reaffirms that all human rights and fundamental
freedoms are universal,
Welcoming the outcome of the special session of the General Assembly on
children6 and the firm commitments contained therein to promote and protect the
rights of each child — every human being below the age of 18 years, including
adolescents,
Welcoming also the Yokohama Global Commitment 2001 adopted at the
Second World Congress against Commercial Sexual Exploitation of Children, held
at Yokohama, Japan, from 17 to 20 December 2001,7 and calling upon States to
consider its outcome,
Welcoming further the integration of issues of child rights in the outcome
documents of all major United Nations conferences, special sessions and summits,
Profoundly concerned that the situation of girls and boys in many parts of the
world remains critical as a result of the persistence of poverty, social inequality,
inadequate social and economic conditions in an increasingly globalized world
economy, pandemics, in particular the human immunodeficiency virus/acquired
immunodeficiency syndrome, malaria and tuberculosis, natural disasters, armed
conflict, displacement, exploitation, violence, illiteracy, hunger, intolerance,
discrimination and inadequate legal protection, and convinced that urgent and
effective national and international action is called for,
Underlining the need for mainstreaming a gender perspective in all policies
and programmes relating to children,
Recognizing the need for the realization of a standard of living adequate for
the child’s physical, mental, spiritual, moral and social development, the protection
of the child from torture and other cruel, inhuman or degrading treatment or
punishment, the provision of universal and equal access to primary education and
the implementation of the commitments on the education of children contained in
the United Nations Millennium Declaration,8
Concerned at the number of illegal adoptions, of children growing up without
parents and of child victims of different forms of violence, abuse, exploitation and
neglect within and outside the family,
Concerned also by cases of international kidnapping of children by one of the
parents,
Recognizing that partnership among Governments, international organizations
and all sectors of civil society, in particular non-governmental organizations and the
private sector, is important to realizing the rights of the child,
I
Implementation of the Convention on the Rights of the Child
1.
Once again urges the States that have not yet done so to sign and ratify
or accede to the Convention on the Rights of the Child2 as a matter of priority with a
view to reaching the goal of universal adherence as soon as possible;
_______________
6 Resolution S-27/2, annex.
7 See A/S-27/12, annex.
8 See resolution 55/2, para. 19.
A/RES/57/190
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2.
Reiterates its concern at the great number of reservations to the
Convention, and urges States parties to withdraw reservations that are incompatible
with the object and purpose of the Convention and to review on a regular basis any
reservations with a view to withdrawing them;
3.
Calls upon States parties to implement fully the Convention, while
stressing that the implementation of the Convention contributes to the achievement
of the goals of the World Summit for Children and the special session of the General
Assembly on children, and of the goals and objectives endorsed at the relevant
major United Nations summits, conferences and special sessions;
4.
Urges States to assure the child who is capable of forming his or her own
views the right to express those views freely in all matters that affect him or her, the
views being given due weight in accordance with the age and maturity of the child,
and in this regard to involve children and young people in their efforts to implement
the goals of the Summit and the special session of the General Assembly on
children, as well as in other programmes relating to children and young people, as
appropriate;
5.
Calls upon States parties to cooperate closely with the Committee on the
Rights of the Child and to comply in a timely manner with their reporting
obligations under the Convention, in accordance with the guidelines elaborated by
the Committee, and encourages States parties to take into account the
recommendations made by the Committee in the implementation of the provisions
of the Convention;
6.
Requests the Secretary-General to ensure the provision of appropriate
staff and facilities for the effective and expeditious performance of the functions of
the Committee, notes the temporary support given by the plan of action of the
United Nations High Commissioner for Human Rights to strengthen the important
role of the Committee in advancing the implementation of the Convention, and also
requests the Secretary-General to make available information on the follow-up to
the plan of action;
7.
Calls upon States parties urgently to take appropriate measures so that
acceptance of the amendment to paragraph 2 of article 43 of the Convention by a
two-thirds majority of States parties can be reached as soon as possible in order for
the amendment to enter into force, thus increasing the membership of the
Committee from ten to eighteen experts, bearing in mind, inter alia, the additional
workload of the Committee when the two Optional Protocols to the Convention
enter into force;
8.
Invites the Committee to continue to enhance its constructive dialogue
with the States parties and its transparent and effective functioning;
9.
Recommends that, within their mandates, all relevant human rights
mechanisms and all other relevant organs and mechanisms of the United Nations
system and the supervisory bodies of the specialized agencies pay attention to
particular situations in which children are in danger and in which their rights are
violated and that they take into account the work of the Committee, and encourages
the further development of the rights-based approach adopted by the United Nations
Children’s Fund and further steps to increase system-wide coordination and inter-
agency cooperation for the promotion and protection of the rights of the child;
10. Encourages the Committee, in monitoring the implementation of the
Convention, to continue to pay attention to the needs of children in especially
difficult circumstances;
A/RES/57/190
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11.
Reaffirms the importance of ensuring adequate and systematic training in
the rights of the child for professional groups working with and for children,
including specialized judges, law enforcement officials, lawyers, social workers,
medical doctors, health professionals and teachers, and of coordination among
various governmental bodies involved in children’s rights, and encourages States
and relevant bodies and organizations of the United Nations system to continue to
promote education and training in this regard;
12. Encourages Governments and relevant United Nations bodies, as well as
relevant non-governmental organizations and child rights advocates, to continue to
contribute, as appropriate, to the web-based database launched by the United
Nations Children’s Fund so as to continue the provision of information on laws,
structures, policies and processes adopted at the national level to translate the
Convention into practice, and in this regard commends that body for its work to
disseminate lessons learned in the implementation of the Convention;
II
Protection and promotion of the rights of children
Identity, family relations and birth registration
1.
Calls upon all States to intensify efforts to ensure the registration of all
children immediately after birth, including through the consideration of simplified,
expeditious and effective procedures;
2.
Also calls upon all States to undertake to respect the right of the child to
preserve his or her identity, including nationality, name and family relations as
recognized by law, without unlawful interference and, where a child is illegally
deprived of some or all of the elements of his or her identity, to provide appropriate
assistance and protection with a view to re-establishing speedily his or her identity;
3.
Urges all States to ensure, as far as possible, the right of the child to
know and be cared for by his or her parents;
4.
Also urges all States to ensure that a child shall not be separated from his
or her parents against their will, except when the competent authorities, subject to
judicial review, determine, in accordance with applicable law and procedures, that
such separation is necessary in the best interest of the child, and, where alternative
care is necessary, to promote family and community-based care in preference to
placement in institutions, recognizing that such determination may be necessary in a
particular case, such as one involving abuse or neglect of the child by the parents or
one in which the parents are living separately and a decision must be made as to the
child’s place of residence;
5.
Recalls paragraph 15 of the outcome of the special session of the General
Assembly on children,6 which states that the family is the basic unit of society and
as such should be strengthened; that it is entitled to receive comprehensive
protection and support; that the primary responsibility for the protection, upbringing
and development of children rests with the family; and that all institutions of society
should respect children’s rights and secure their well-being and render appropriate
assistance to parents, families, legal guardians and other caregivers so that children
can grow and develop in a safe and stable environment and in an atmosphere of
happiness, love and understanding, bearing in mind that, in different cultural, social
and political systems, various forms of the family exist;
A/RES/57/190
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6.
Calls upon States to take all necessary measures to ensure that the best
interest of the child is the primary consideration in adoptions of children and to take
all necessary measures to prevent and combat illegal adoptions and adoptions which
do not follow the normal procedures;
7.
Also calls upon States to take all necessary measures to address the
problem of children growing up without parents, in particular orphaned children and
children who are victims of family and social violence, neglect and abuse;
8.
Urges States to address cases of international kidnapping of children by
one of the parents;
Health
9.
Calls upon all States and relevant organizations and bodies of the United
Nations system, in particular the World Health Organization and the United Nations
Children’s Fund, to pay particular attention to the development of sustainable health
systems and social services to ensure the effective prevention of disease,
malnutrition, disability and infant and child mortality, including through prenatal
and post-natal health care, as well as the provision of necessary medical treatment
and health care to all children, taking into consideration the special needs of young
children and girls, including prevention of common infectious diseases, the special
needs of adolescents, including those relating to reproductive and sexual health and
threats from substance abuse and violence, and the particular needs of children
living in poverty, children in situations of armed conflict and children in other
vulnerable groups, and to strengthen ways of empowering families and
communities;
10. Calls upon all States to adopt all necessary measures to ensure the full
and equal enjoyment of all human rights and fundamental freedoms by children
affected by disease and malnutrition, including protection from all forms of
discrimination, abuse or neglect, in particular in the access to and provision of
health care;
11.
Welcomes the attention given by the Committee on the Rights of the
Child to the realization of the highest attainable standards of health and access to
health care and to the rights of children affected by the human immunodeficiency
virus/acquired immunodeficiency syndrome (HIV/AIDS);
12. Urges States to give particular emphasis to the prevention of HIV
infection in young children and strengthen efforts to prevent adolescents and women
from becoming HIV-infected, inter alia, by including HIV/AIDS prevention in
educational curricula and educational programmes consistent with the epidemiology
of the diseases in each State, and by supporting wide-scale voluntary HIV testing
and counselling programmes for pregnant women, together with services for HIV-
infected pregnant women to reduce the risk of transmitting the virus from infected
pregnant women to their children;
13. Urges all States to take all necessary measures to protect children
infected or affected by HIV/AIDS from all forms of discrimination, stigma, abuse
and neglect, in particular in the access to and provision of health, education and
social services, with a view to the realization of their rights;
14. Calls upon the international community, relevant United Nations
agencies, funds and programmes and intergovernmental and non-governmental
organizations to intensify their support of national efforts against HIV/AIDS aimed
at providing assistance to children infected or affected by the epidemic, including
A/RES/57/190
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those orphaned as a result of the HIV/AIDS pandemic, focusing in particular on the
worst-hit regions of Africa and areas in which the epidemic is severely setting back
national development gains, calls upon them also to give importance to the
treatment, care and support of children infected with HIV/AIDS, and invites them to
consider further involving the private sector;
15. Urges all States to assign priority to activities and programmes aimed at
preventing the abuse of narcotic drugs, psychotropic substances and inhalants as
well as preventing other addictions, in particular addiction to alcohol and tobacco,
among children and young people, especially those in vulnerable situations, and
urges all States to counter the use of children and young people in the illicit
production of and trafficking in narcotic drugs and psychotropic substances;
16. Also urges all States to make appropriate treatment and rehabilitation
accessible for children, including adolescents, dependent on narcotic drugs,
psychotropic substances, inhalants and alcohol;
Education
17. Calls upon States to recognize the right to education on the basis of equal
opportunity by making primary education compulsory and ensuring that all children
have access to free and relevant primary education, as well as by making secondary
education generally available and accessible to all, in particular by the progressive
introduction of free education;
18. Reaffirms the Dakar Framework for Action adopted at the World
Education Forum9 and calls for its full implementation, and in this regard invites the
United Nations Educational, Scientific and Cultural Organization to continue to
implement its mandated role in coordinating Education for All partners and
maintaining their collaborative momentum;
19. Invites Member States to develop national plans of action, or to
strengthen existing ones, in order to achieve the objectives of Education for All so
as to ensure that all boys and girls complete a full course of primary schooling;
20. Calls upon all States to eliminate the gender gap in education, reaffirms
the commitment contained in the United Nations Millennium Declaration to ensure
equal access for girls and boys to all levels of education and the completion of a full
course of primary schooling by children everywhere, boys and girls alike, by 2015,8
and in this regard encourages the implementation of the United Nations Girls’
Education Initiative launched by the Secretary-General at the World Education
Forum;
21. Calls upon States to ensure that emphasis is given to the qualitative
aspects of education, that the education of the child is carried out, that States parties
to the Convention on the Rights of the Child2 develop and implement programmes
for the education of the child, in accordance with articles 28 and 29 of the
Convention, and that education is directed, inter alia, to the development of respect
for human rights and fundamental freedoms and to the preparation of the child for a
responsible life in a free society in a spirit of understanding, peace, tolerance,
gender equality and friendship among peoples, ethnic, national and religious groups
and persons of indigenous origin, and to ensure that children, from an early age,
_______________
9 See United Nations Educational, Scientific and Cultural Organization, Final Report of the World
Education Forum, Dakar, Senegal, 26–28 April 2000 (Paris, 2000).
A/RES/57/190
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benefit from education on values, attitudes, modes of behaviour and ways of life
that will enable them to resolve any dispute peacefully and in a spirit of respect for
human dignity and of tolerance and non-discrimination, bearing in mind the
Declaration and Programme of Action on a Culture of Peace;10
22. Calls upon all States to take all appropriate measures to prevent racist,
discriminatory and xenophobic attitudes and behaviour by means of education,
keeping in mind the important role that children have to play in changing such
practices;
23. Also calls upon all States to remove educational disparities and make
education accessible to children living in poverty, children living in remote areas,
children with special educational needs, children affected by armed conflict and
children requiring special protection, including refugee children, migrant children,
street children, children deprived of their liberty, indigenous children and children
belonging to minorities;
24. Calls upon States, educational institutions and the United Nations
system, in particular the United Nations Children’s Fund, the United Nations
Development Fund for Women and the United Nations Educational, Scientific and
Cultural Organization, to develop and implement gender-sensitive strategies to
address the particular needs of the girl child in education;
Freedom from violence
25. Reaffirms the obligation of States to protect children from torture and
other cruel, inhuman or degrading treatment or punishment;
26. Calls upon States to take all appropriate measures to prevent and protect
children from all forms of violence, including physical, mental and sexual violence,
torture, child abuse, abuse by police, other law enforcement authorities and
employees and officials in detention centres or welfare institutions, including
orphanages, and domestic violence;
27. Also calls upon States to investigate and submit cases of torture and other
forms of violence against children to the competent authorities for the purpose of
prosecution and to impose appropriate disciplinary or penal sanctions against those
responsible for such practices;
28. Requests all relevant human rights mechanisms, in particular special
rapporteurs and working groups, within their mandates, to pay attention to the
special situations of violence against children, reflecting their experiences in the
field;
29. Reaffirms its decision to request the Secretary-General to conduct an in-
depth study of the question of violence against children, and encourages him to
appoint, as soon as possible, an independent expert to direct the study, in
collaboration with the Office of the United Nations High Commissioner for Human
Rights, the United Nations Children’s Fund and the World Health Organization,
taking into account the outcome of the special session of the General Assembly on
_______________
10 Resolutions 53/243 A and B.
A/RES/57/190
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children6 and the recommendations made by the Committee on the Rights of the
Child after its two days of general discussion on violence against children;11
30. Calls upon the Governments of all States, in particular States in which
the death penalty has not been abolished, to comply with the obligations that they
have assumed under relevant provisions of international human rights instruments,
including in particular articles 37 to 40 of the Convention on the Rights of the Child
and articles 6 and 14 of the International Covenant on Civil and Political Rights;12
III
Promotion and protection of the rights of children in particularly
vulnerable situations and non-discrimination against children
Plight of children working and/or living on the streets
1.
Calls upon Governments to seek comprehensive solutions to the
problems that cause children to work and/or live on the streets and to implement
appropriate programmes and policies for the protection and the rehabilitation and
reintegration of those children, bearing in mind that such children are particularly
vulnerable to all forms of violence, abuse, exploitation and neglect;
2.
Calls upon all States to ensure that basic social services, notably
education, are provided for children in order to divert them from and to address the
economic imperatives that lead to involvement in harmful, exploitative and abusive
activity;
3.
Strongly urges all Governments to guarantee respect for all human rights
and fundamental freedoms, in particular the right to life, to take urgent and effective
measures to prevent the killing of children working and/or living on the streets, to
combat torture and abusive treatment and violence against them and to bring the
perpetrators to justice;
4.
Calls upon all States to take the situation of children working and/or
living on the streets into account when preparing reports for submission to the
Committee on the Rights of the Child, and encourages the Committee and other
relevant bodies and organizations of the United Nations system, within their existing
mandates, to pay increased attention to the question of children working and/or
living on the streets;
5.
Calls upon the international community to support, through effective
international cooperation, including technical advice and assistance, the efforts of
States to improve the situation of children working and/or living on the streets;
Refugee and internally displaced children
6.
Urges Governments to improve the implementation of policies and
programmes for the protection, care and well-being of refugee and internally
displaced children and for the provision of basic social services, including access to
education, with the necessary international cooperation, in particular with the Office
of the United Nations High Commissioner for Refugees, the United Nations
Children’s Fund and the Representative of the Secretary-General on internally
_______________
11 See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 41 and
corrigendum (A/57/41 and Corr.1), sect. IV.C.
12 See resolution 2200 A (XXI), annex.
A/RES/57/190
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displaced persons, in accordance with the obligations of States under the
Convention on the Rights of the Child;2
7.
Calls upon all States and other parties to armed conflict, as well as
United Nations organizations and bodies, to give urgent attention, in terms of
protection and assistance, to the fact that refugee and internally displaced children
are particularly exposed to risks in connection with armed conflict, such as being
forcibly recruited or subjected to sexual violence, abuse or exploitation;
8.
Expresses its deep concern about the growing number of refugee and
internally displaced children who are unaccompanied or separated from their
families, and calls upon all States and United Nations bodies and agencies and other
relevant organizations to give priority to programmes for family tracing and
reunification and to continue to monitor the care arrangements for refugee and
internally displaced children who are unaccompanied or separated from their
families;
Children with disabilities
9.
Encourages the working group on the rights of children with disabilities
established pursuant to the decision of the Committee on the Rights of the Child to
put into practice as soon as possible the recommendations arising from the day of
general discussion on the rights of children with disabilities, held on 6 October
1997,13 including the drafting of a plan of action on children with disabilities, in
close cooperation with the Special Rapporteur on disability of the Commission for
Social Development and other relevant parts of the United Nations system;
10. Encourages the Ad Hoc Committee on a Comprehensive and Integral
International Convention on Protection and Promotion of the Rights and Dignity of
Persons with Disabilities to consider the issue of children with disabilities in its
deliberations;
11.
Calls upon all States to take all necessary measures to ensure the full and
equal enjoyment of all human rights and fundamental freedoms by children with
disabilities, and to develop and enforce legislation against their discrimination so as
to ensure dignity, promote self-reliance and facilitate their active participation in the
community, including effective access to educational and health services;
Migrant children
12. Calls upon States to protect all human rights of migrant children, in
particular unaccompanied migrant children, and to ensure that the best interest of
the child shall accordingly be a primary consideration, and encourages the
Committee on the Rights of the Child, the United Nations Children’s Fund and other
relevant United Nations bodies, within their respective mandates, to pay particular
attention to the conditions of migrant children in all States and, as appropriate, to
make recommendations to strengthen their protection;
13. Also calls upon States to cooperate fully with and assist the Special
Rapporteur of the Commission on Human Rights on the human rights of migrants in
addressing the particularly vulnerable conditions of migrant children;
_______________
13 See Official Records of the General Assembly, Fifty-third Session, Supplement No. 41 (A/53/41),
sect. IV.C.2; and ibid., Fifty-fifth Session, Supplement No. 41 (A/55/41), sect. IV.C.2.
A/RES/57/190
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IV
Prevention and eradication of the sale of children
and of their sexual exploitation and abuse, including
child prostitution and child pornography
1.
Welcomes the report of the Special Rapporteur of the Commission on
Human Rights on the sale of children, child prostitution and child pornography,14
and expresses its support for his work;
2.
Requests the Secretary-General to provide the Special Rapporteur with
all necessary human and financial assistance to enable him to discharge his mandate
fully;
3.
Calls upon States to continue to cooperate with the Special Rapporteur
and to give full consideration to all of his recommendations;
4.
Invites further voluntary contributions through the Office of the United
Nations High Commissioner for Human Rights and support for the work of the
Special Rapporteur for the effective fulfilment of his mandate;
5.
Welcomes the entry into force of the Optional Protocol to the Convention
on the Rights of the Child on the sale of children, child prostitution and child
pornography15 and urges States parties to implement it fully, and also invites States
that have not yet done so to consider signing and ratifying it;
6.
Reaffirms the obligation of States parties to the Convention on the Rights
of the Child2 and the Optional Protocols thereto3 to prevent the abduction of, the
sale of or the trafficking in children for any purpose or in any form, including the
transfer of the organs of the child for profit, and to protect children from all forms
of sexual exploitation and abuse, in accordance with articles 35 and 34 of the
Convention;
7.
Calls upon States to take all appropriate steps to combat the misuse of
new information and communication technologies, including the Internet, for
trafficking in children and for purposes of all forms of sexual exploitation and
abuse, in particular the sale of children, child prostitution, child pornography, child
sex tourism, acts of paedophilia and other forms of violence and abuse against
children and adolescents, and notes that the use of such technologies can also
contribute to preventing and eradicating such phenomena;
8.
Also calls upon States to criminalize and to penalize effectively, in
conformity with all relevant and applicable international instruments, all forms of
sexual exploitation and abuse of children, including within the family or for
commercial purposes, paedophilia, child pornography, child prostitution, child sex
tourism, trafficking, the sale of children and their organs, engagement in forced
child labour and any other form of exploitation, while ensuring that, in the treatment
by the criminal justice system of children who are victims, the best interest of the
child shall be a primary consideration, and to take effective measures to ensure the
prosecution of offenders, whether local or foreign, by the competent national
authorities, either in the country of origin of the offender or in the country in which
the abuse occurs, in accordance with due process of law;
_______________
14 E/CN.4/2002/88.
15 Resolution 54/263, annex II.
A/RES/57/190
11
9.
Calls upon all Member States to take all necessary steps to strengthen
international cooperation by means of 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, and in this regard calls upon
Member States to promote international cooperation and coordination among their
authorities, national and international non-governmental organizations and
international organizations, as appropriate;
10. Requests States to increase cooperation and concerted action at the
national, regional and international levels to prevent and dismantle networks that
traffic in children;
11.
Stresses the need to combat the existence of a market that encourages
such criminal practices against children, including through preventive and
enforcement measures that target customers or individuals who sexually exploit or
abuse children, and by ensuring public awareness;
12. Calls upon States to enact, enforce, review and revise, as appropriate,
laws and to implement policies, programmes and practices to protect children from
and to eliminate all forms of sexual exploitation and abuse, including commercial
sexual exploitation, taking into account the particular problems posed by the use of
the Internet in this regard;
13. Also calls upon States to identify best practices and to take all
appropriate national, bilateral and multilateral measures, to allocate resources for
the development of long-term policies, programmes and practices, to collect
comprehensive and disaggregated gender-specific data and, while reaffirming the
right of children, including adolescents, to express themselves freely, to facilitate
the participation of child victims of sexual exploitation, taking into account their
age and maturity, in the development of strategies to end the sale of children and
their organs, sexual exploitation and abuse, including the use of children for
pornography, prostitution and acts of paedophilia, and to combat existing markets;
14. Invites all States to take into account, as appropriate, the Yokohama
Global Commitment 20017 in their efforts towards the prevention and elimination of
the commercial sexual exploitation of children;
15. Urges States to afford one another the greatest measure of assistance in
connection with investigations or criminal or, where applicable, extradition
proceedings brought in respect of the offences set forth in article 3, paragraph 1, of
the Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, including assistance in obtaining
evidence at their disposal for the proceedings;
16. Calls upon all States to contribute to the elimination of the sale of
children, child prostitution and child pornography by adopting a holistic approach,
addressing the contributing factors, including underdevelopment, poverty, economic
disparity,
inequitable
socio-economic
structures,
dysfunctional
families,
irresponsible adult sexual behaviour, lack of education, urban-rural migration,
gender discrimination, harmful traditional practices, armed conflict and trafficking
in children;
17. Invites States and relevant United Nations organizations and bodies to
allocate appropriate resources for the rehabilitation of child victims of sexual
exploitation and abuse and to take all appropriate measures to promote their full
recovery and social reintegration;
A/RES/57/190
12
V
Protection of children affected by armed conflict
1.
Welcomes the report of the Special Representative of the Secretary-
General for Children and Armed Conflict;16
2.
Recognizes the progress achieved since the establishment of the mandate
of the Special Representative in paragraphs 35 to 37 of General Assembly resolution
51/77 of 12 December 1996, expresses its support for his work, in particular in
raising worldwide awareness and mobilizing official and public opinion for the
protection of children affected by armed conflict in order to promote respect for the
rights and needs of children in conflict and post-conflict situations, and recommends
that the Secretary-General extend the mandate for a further period of three years;
3.
Takes note of further developments in the United Nations system
response to the issue of children affected by armed conflict, and requests the
Secretary-General to undertake a comprehensive assessment of the scope and
effectiveness of the United Nations system response, including recommendations for
strengthening, mainstreaming, integrating and sustaining these activities, and to
submit his report during the fifty-seventh session of the General Assembly, for
consideration at the beginning of the fifty-eighth session of the Assembly;
4.
Calls upon the Secretary-General and all relevant parts of the United
Nations system, including the Special Representative and the United Nations
Children’s Fund, to intensify further their efforts to continue to develop a concerted
approach to the rights, protection and welfare of children affected by armed conflict,
including, as appropriate, in the preparations for the field visits of the Special
Representative and in the follow-up to such visits;
5.
Calls upon all States and other parties concerned to continue to cooperate
with the Special Representative in implementing the commitments that they have
undertaken and to consider carefully all of the recommendations of the Special
Representative and address the issues identified;
6.
Welcomes the continuing support for and voluntary contributions to the
work of the Special Representative in the fulfilment of his mandate;
7.
Also welcomes the entry into force of the Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed
conflict17 and urges States parties to implement it fully, and also invites States that
have not yet done so to consider signing and ratifying it;
8.
Urges all States and other parties to armed conflict to respect
international humanitarian law and to put an end to any form of targeting of children
and to attacking sites that usually have a significant presence of children, calls upon
States parties to respect fully the provisions of the Geneva Conventions of
12 August 194918 and the Additional Protocols thereto, of 1977,19 and calls upon all
parties to armed conflict to take all measures required to protect children from acts
that constitute violations of international humanitarian law, including prosecution by
_______________
16 See A/57/402.
17 Resolution 54/263, annex I.
18 United Nations, Treaty Series, vol. 75, Nos. 970–973.
19 Ibid., vol. 1125, Nos. 17512 and 17513.
A/RES/57/190
13
States, within their national legal framework, of those responsible for such
violations;
9.
Recognizes, in this regard, the contribution of the establishment of the
International Criminal Court to ending impunity for perpetrators of certain crimes
committed against children, as defined in the Rome Statute of the International
Criminal Court,20 which include those involving sexual violence or child soldiers,
and thus to the prevention of such crimes;
10. Stresses the importance of all relevant United Nations actors in the field
improving their reporting, within their respective mandates, concerning the situation
of children affected by armed conflict and giving additional attention to this
question;
11.
Condemns the abduction of children in situations of armed conflict and
into armed conflict, urges States, international organizations and other parties
concerned to take all appropriate measures to secure the unconditional release,
rehabilitation, reintegration and reunification with their families of all abducted
children, and urges States to bring the perpetrators to justice;
12. Calls upon States to ensure that the adoption of children in situations of
armed conflict is guided by the Convention on the Rights of the Child2 and that the
best interest of the child is always envisaged as a paramount consideration;
13. Urges States and all other parties to armed conflict to end the use of
children as soldiers, to ensure their demobilization and effective disarmament and to
implement effective measures for their rehabilitation, physical and psychological
recovery and reintegration into society, further encourages efforts by, inter alia,
regional, intergovernmental and non-governmental organizations to end the use of
children as soldiers in armed conflict, and emphasizes that no support shall be given
to those who systematically abuse or violate the rights of children during armed
conflicts;
14. Underlines the importance of including measures to ensure the rights of
the child, inter alia, in the areas of health and nutrition, formal, informal or non-
formal education, physical and psychological recovery and social reintegration, in
emergency and other humanitarian assistance policies and programmes;
15. Reaffirms the essential role of the General Assembly and the Economic
and Social Council in the promotion and protection of the rights and welfare of
children, takes note of the adoption of Security Council resolution 1379 (2001) on
20 November 2001, and notes the importance of the open debate on children and
armed conflict held in the Security Council on 7 May 200221 and the undertaking by
the Council to give special attention to the protection, welfare and rights of children
when taking action aimed at maintaining peace and security;
16. Calls upon all parties to armed conflict to ensure that children affected
by armed conflict receive timely, effective and unhindered humanitarian assistance,
in accordance with international humanitarian law;
_______________
20 Official Records of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment
of an International Criminal Court, Rome, 15 June–17 July 1998, vol. I: Final documents (United Nations
publication, Sales No. E.02.I.5), sect. A.
21 See S/PV.4528.
A/RES/57/190
14
17. Reaffirms agreed conclusions 1999/1 adopted by the Economic and
Social Council on 23 July 1999,22 in which the Council, inter alia, called for
systematic, concerted and comprehensive inter-agency efforts on behalf of children,
as well as adequate and sustainable resource allocation, to provide both immediate
emergency assistance to and long-term measures for children throughout all the
phases of an emergency;
18. Urges States to implement effective measures for the rehabilitation,
physical and psychological recovery and reintegration into society of all child
victims in cases of armed conflict, invites the international community to assist in
this endeavour, and further emphasizes the importance of giving systematic
consideration to the special needs and particular vulnerability of the girl child
during conflicts and in post-conflict situations;
19. Also urges States to take duly into consideration measures for the special
treatment and rehabilitation of child offenders;
20. Calls upon States and relevant United Nations bodies to continue to
support national and international mine-action efforts, including by means of
financial contributions, mine-awareness programmes, victim assistance and child-
centred rehabilitation, and welcomes the positive effects on children of concrete
legislative measures with respect to anti-personnel mines;
21. Invites States, multilateral donors and the private sector to cooperate and
to commit the resources necessary for the early development of new and more
efficient mine-detection and mine-clearance technologies for assistance in mine
action;
22. Notes with concern the impact of small arms and light weapons on
children in situations of armed conflict, in particular as a result of their illicit
production and traffic;
23. Recommends that, whenever sanctions are imposed, their impact on
children be assessed and monitored and that humanitarian exemptions be child-
focused and formulated with clear guidelines for their application;
24. Calls upon States, relevant United Nations organizations and bodies and
regional organizations to integrate the rights of the child into all activities in conflict
and post-conflict situations, including training programmes and emergency relief
operations, country programmes and field operations aimed at promoting peace and
preventing and resolving conflict, as well as the negotiation and implementation of
peace agreements, and, given the long-term consequences for society, underlines the
importance of including specific provisions for children, including resources, in
peace agreements and in arrangements negotiated by parties;
25. Calls upon all States, in accordance with the norms of international
humanitarian law, to integrate in the training and gender-sensitized education
programmes of their armed forces, including those for peacekeeping, instruction on
responsibilities towards the civilian population, in particular women and children;
26. Calls upon Member States, the United Nations system and non-
governmental organizations to encourage the involvement of young people in
activities concerning the protection of children affected by armed conflict, including
_______________
22 See Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 3 (A/54/3/Rev.1),
chap. VI, para. 5.
A/RES/57/190
15
programmes for reconciliation, peace consolidation, peace-building and children-to-
children networks;
27. Notes with appreciation the appointment by the Secretary-General of
child protection advisers in United Nations peacekeeping missions, and encourages
him to continue to appoint such advisers, where appropriate, to existing and future
peacekeeping operations;
28. Also notes with appreciation the Winnipeg Agenda for War-Affected
Children23 and efforts by regional organizations to include prominently in their
policies and programmes the rights and protection of children affected by armed
conflict;
VI
Progressive elimination of child labour
1.
Reaffirms 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;
2.
Calls upon all States that have not yet done so to consider ratifying the
conventions of the International Labour Organization relating to child labour, in
particular the Convention concerning Forced or Compulsory Labour, 1930
(Convention No. 29), the Convention concerning Minimum Age for Admission to
Employment, 1973 (Convention No. 138) and the Convention concerning the
Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labour, 1999 (Convention No. 182), and to implement those conventions;
3.
Calls upon all States to translate into concrete action their commitment to
the progressive and effective elimination of child labour contrary to accepted
international standards, and urges them, inter alia, to eliminate immediately the
worst forms of child labour as set out in International Labour Organization
Convention No. 182 of 1999;
4.
Also calls upon all States to assess and systematically examine the
magnitude, nature and causes of child labour and to elaborate and implement
strategies for the elimination of child labour contrary to accepted international
standards, giving special attention to specific dangers faced by girls, as well as to
the rehabilitation and social reintegration of the children concerned;
5.
Recognizes that primary education is one of the main instruments for
reintegrating child workers, calls upon all States to recognize the right to education
by making primary education compulsory and to ensure that all children have equal
access to free primary education as a key strategy to prevent child labour, and
recognizes, in particular, the important role of the United Nations Educational,
Scientific and Cultural Organization and the United Nations Children’s Fund in this
regard;
6.
Calls upon all States and the United Nations system to strengthen
international cooperation as a means of assisting Governments in preventing or
combating violations of the rights of the child and in attaining the objective of
eliminating child labour contrary to accepted international standards;
_______________
23 A/55/467-S/2000/973, annex.
A/RES/57/190
16
7.
Calls upon all States to strengthen cooperation and coordination at the
national and international levels to address effectively the problem of child labour,
in close cooperation with, inter alia, the International Labour Organization and the
United Nations Children’s Fund;
VII
Decides:
(a)
To request the Secretary-General to prepare a report on progress achieved
in realizing the commitments set out in the final document of the twenty-seventh
special session of the General Assembly, entitled “A world fit for children”,6 with a
view to identifying problems and constraints and making recommendations on the
action needed to achieve further progress, and to submit his report to the General
Assembly at its fifty-eighth session;
(b)
To include in the provisional agenda of its fifty-eighth session the item
entitled “Follow-up to the outcome of the special session on children”, which will
be considered in plenary meeting;
(c)
To request the Secretary-General to submit to the General Assembly at its
fifty-eighth session a report on the rights of the child containing information on the
status of the Convention on the Rights of the Child2 and the problems addressed in
the present resolution;
(d)
To request the Special Representative of the Secretary-General for
Children and Armed Conflict to submit to the General Assembly and the
Commission on Human Rights reports containing relevant information on the
situation of children affected by armed conflict, taking into account the outcome
document adopted by the General Assembly at its special session on children and
bearing in mind existing mandates and reports of relevant bodies;
(e)
To continue its consideration of this question at its fifty-eighth session
under the item entitled “Promotion and protection of the rights of children”.
77th plenary meeting
18 December 2002
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