A/RES/70/137 GA
Rights of the child : resolution / adopted by the General Assembly
70
Session
141
Yes
1
No
42
Abstentions
| Draft symbol | A/C.3/70/L.28/Rev.1 |
|---|---|
| Adopted symbol | A/RES/70/137 |
| Category | SOCIAL CONDITIONS AND EQUITY |
| Voeten Topics ⓘ | |
| P5 Positions |
|
| UN Document | A/RES/70/137 ↗ |
Vote Recorded Vote — A/70/PV.80
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Algeria
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Angola
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Bahrain
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Cameroon
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Comoros
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Congo
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Côte d'Ivoire
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Democratic People's Republic of Korea
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Democratic Republic of the Congo
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Djibouti
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Egypt
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Equatorial Guinea
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Ethiopia
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Gambia
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Guinea
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Iraq
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Kenya
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Kuwait
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Libya
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Mali
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Mauritania
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Mauritius
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Mozambique
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Namibia
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Niger
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Nigeria
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Oman
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Qatar
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Saudi Arabia
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Senegal
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Somalia
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South Sudan
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Sudan
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Eswatini
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Syrian Arab Republic
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Togo
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Uganda
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United Arab Emirates
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Uzbekistan
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Yemen
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Zambia
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Zimbabwe
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Afghanistan
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Albania
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Andorra
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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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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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Brazil
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Brunei Darussalam
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Bulgaria
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Burkina Faso
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Cabo Verde
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Cambodia
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Canada
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Central African Republic
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Chad
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Chile
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China
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Colombia
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Costa Rica
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Croatia
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Cuba
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Cyprus
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Czechia
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Denmark
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Dominica
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Dominican Republic
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Ecuador
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El Salvador
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Eritrea
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Estonia
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Fiji
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Finland
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France
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Gabon
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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-Bissau
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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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Kiribati
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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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Liberia
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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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Malta
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Marshall Islands
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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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Montenegro
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Morocco
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Myanmar
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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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Norway
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Pakistan
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Palau
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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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Republic of Korea
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Moldova
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Romania
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Russian Federation
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Saint Kitts and Nevis
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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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Serbia
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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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South Africa
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Spain
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Sri Lanka
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Suriname
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Sweden
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Switzerland
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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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Trinidad and Tobago
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Tunisia
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Türkiye
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Ukraine
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United Kingdom of Great Britain and Northern Ireland
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United Republic of Tanzania
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United States of America
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Uruguay
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Vanuatu
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Bolivarian Republic of Venezuela
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Viet Nam
Full text of resolution
United Nations
A/RES/70/137
General Assembly
Distr.: General
29 February 2016
Seventieth session
Agenda item 68 (a)
15-16891 (E)
*1516891*
Please recycle
Resolution adopted by the General Assembly on 17 December 2015
[on the report of the Third Committee (A/70/485)]
70/137. Rights of the child
The General Assembly,
Reaffirming all of its previous resolutions on the rights of the child, the most
recent of which was resolution 69/157 of 18 December 2014, and in particular
recognizing the importance of resolution 44/25 of 20 November 1989, in which it
adopted the Convention on the Rights of the Child,1
Recalling its resolutions 69/158 of 18 December 2014 on protecting children
from bullying and 69/187 of 18 December 2014 on migrant children and
adolescents,
Emphasizing that the Convention on the Rights of the Child constitutes the
standard in the promotion and protection of the rights of the child, reaffirming that
States parties to the Convention shall undertake all appropriate legislative,
administrative and other measures for the implementation of the rights recognized
therein, while bearing in mind the importance of the Optional Protocols to the
Convention
2 and
calling
for
their
universal
ratification
and
effective
implementation, as well as that of other human rights instruments,
Recalling the International Covenant on Civil and Political Rights, 3 the
International Covenant on Economic, Social and Cultural Rights,3 the Convention
on the Rights of Persons with Disabilities, 4 the International Convention for the
Protection of All Persons from Enforced Disappearance, 5 the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, 6 the United Nations Convention against Transnational Organized
Crime7 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention
_______________
1 United Nations, Treaty Series, vol. 1577, No. 27531.
2 Ibid., vols. 2171 and 2173, No. 27531; and resolution 66/138, annex.
3 See resolution 2200 A (XXI), annex.
4 United Nations, Treaty Series, vol. 2515, No. 44910.
5 Ibid., vol. 2716, No. 48088.
6 Ibid., vol. 2220, No. 39481.
7 Ibid., vol. 2225, No. 39574.
A/RES/70/137
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against Transnational Organized Crime,8 and the Convention on the Elimination of
All Forms of Discrimination against Women,9
Reaffirming that the general principles of the Convention on the Rights of the
Child, including the best interests of the child, non-discrimination, participation and
survival and development, provide the framework for actions concerning children,
Reaffirming also the Vienna Declaration and Programme of Action, 10 the
United Nations Millennium Declaration11 and the outcome document of the twenty-
seventh special session of the General Assembly on children, entitled “A world fit
for children”,12 recalling the Copenhagen Declaration on Social Development and
the Programme of Action of the World Summit for Social Development, 13 the
Declaration on Social Progress and Development,14 the Universal Declaration on the
Eradication of Hunger and Malnutrition, 15 the United Nations Declaration on the
Rights of Indigenous Peoples16 and the outcome document of the high-level plenary
meeting of the General Assembly known as the World Conference on Indigenous
Peoples, 17 the Declaration on the Right to Development, 18 the Declaration of the
commemorative high-level plenary meeting devoted to the follow-up to the outcome
of the special session on children, held in New York from 11 to 13 December
2007,19 the outcome document, entitled “The future we want”, adopted at the United
Nations Conference on Sustainable Development, held in Rio de Janeiro, Brazil,
from 20 to 22 June 2012, 20 and the outcome document of the third Global
Conference on Child Labour, held in Brasilia from 8 to 10 October 2013, and
recalling also the World Congresses against Sexual Exploitation of Children and
Adolescents, the Global Action Programme on Education for Sustainable
Development21 and the World Education Forum 2015, held in Incheon, Republic of
Korea, from 19 to 22 May 2015,
Welcoming the adoption of the 2030 Agenda for Sustainable Development, 22
and underscoring the importance of its implementation in ensuring the enjoyment of
the rights of the child,
Taking note of the reports of the Secretary-General on progress made towards
achieving the commitments set out in the outcome document of the twenty-seventh
special session of the General Assembly23 and on the status of the Convention on the
_______________
8 Ibid., vol. 2237, No. 39574.
9 Ibid., vol. 1249, No. 20378.
10 A/CONF.157/24 (Part I), chap. III.
11 Resolution 55/2.
12 Resolution S-27/2, annex.
13 Report of the World Summit for Social Development, Copenhagen, 6–12 March 1995 (United Nations
publication, Sales No. E.96.IV.8), chap. I, resolution 1, annexes I and II.
14 See resolution 2542 (XXIV).
15 Report of the World Food Conference, Rome, 5–16 November 1974 (United Nations publication, Sales
No. E.75.II.A.3), chap. I.
16 Resolution 61/295, annex.
17 Resolution 69/2.
18 Resolution 41/128, annex.
19 Resolution 62/88.
20 Resolution 66/288, annex.
21 See A/69/76, annex, enclosure 2.
22 Resolution 70/1.
23 A/70/265.
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Rights of the Child and the issues addressed in Assembly resolution 69/157, 24 as
well as the report of the Special Representative of the Secretary-General on
Violence against Children, 25 the report of the Special Representative of the
Secretary-General for Children and Armed Conflict26 and the report of the Special
Rapporteur of the Human Rights Council on the sale of children, child prostitution
and child pornography, 27 whose recommendations should be carefully studied,
taking fully into account the views of Member States,
Reaffirming that States have the primary responsibility to respect, promote and
protect all human rights and fundamental freedoms, including the rights of the child,
Acknowledging the important role played by national governmental structures
for children, including, where they exist, ministries and institutions in charge of
child, family and youth issues and independent ombudspersons for children or other
national institutions for the promotion and protection of the rights of the child,
Recognizing that the family has the primary responsibility for the nurturing
and protection of children, in the best interests of the child, and that children, for the
full and harmonious development of their personality, should grow up in a family
environment and in an atmosphere of happiness, love and understanding,
Noting with appreciation the work to promote and protect the rights of the
child carried out by all relevant organs, bodies, entities and organizations of the
United Nations system, within their respective mandates, by relevant mandate
holders and special procedures of the United Nations and by relevant regional
organizations, where appropriate, and intergovernmental organizations, and
recognizing the valuable role of civil society, including non-governmental
organizations,
Profoundly concerned that the situation of children in many parts of the world
remains negatively affected by the prolonged effects of the world financial and
economic crisis, poverty and inequality, and reaffirming that eradicating poverty in
all its forms and dimensions, including extreme poverty, is the greatest global
challenge and an indispensable requirement for sustainable development,
recognizing its impact beyond the socioeconomic context and the intrinsic
interlinkage between poverty eradication and the promotion of sustainable
development, and in this regard underlining the importance of the implementation of
the 2030 Agenda for Sustainable Development,
Profoundly concerned also that the situation of children in many parts of the
world remains critical, in an increasingly globalized environment, as a result of the
persistence of poverty, social inequality, inadequate social and economic conditions,
pandemics, in particular HIV/AIDS, malaria and tuberculosis, non-communicable
diseases, lack of access to safe drinking water and sanitation, environmental
damage, climate change, natural disasters, armed conflict, foreign occupation,
displacement, violence, terrorism, abuse, all forms of exploitation, including for the
purposes of commercial sexual exploitation of children, such as child prostitution,
child pornography and child sex tourism, and trafficking in children, including for
the purpose of organ removal and for the transfer of organs of the child for profit,
_______________
24 A/70/315.
25 A/70/289.
26 A/70/162.
27 A/70/222.
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neglect, illiteracy, hunger, intolerance, discrimination, racism, xenophobia, gender
inequality, disability and inadequate legal protection, and convinced that urgent and
effective national and international action is called for,
Expressing deep concern that, despite the recognition of the right of the child
to express his or her views freely on all matters affecting him or her, with his or her
views given due weight in accordance with the age and maturity of the child,
children are still seldom seriously consulted and involved in such matters owing to a
variety of constraints and impediments and that the full implementation of this right
has yet to be fully realized,
Deeply concerned that children disproportionately suffer the consequences of
discrimination, exclusion, inequality and poverty,
Deeply concerned also that approximately 6 million children under the age of
5 die each year, mostly from preventable and treatable causes, owing to inadequate
or lack of access to integrated and quality maternal, newborn and child health care
and services, to early childbearing, as well as lack of access to health determinants,
such as safe drinking water and sanitation, safe and adequate food and nutrition,
including breastfeeding, and that mortality remains highest among children
belonging to the poorest and most marginalized communities,
Recognizing that a strong focus is needed on poverty, deprivation and
inequality to prevent and protect children from all forms of violence and to promote
the resilience of children, their families and communities,
Recognizing also the large and growing number of migrant children, including
those unaccompanied or separated from their parents or primary caregivers, and
especially those who find themselves in a vulnerable situation by attempting to cross
international borders without the required travel documents,
Taking into special consideration the situation of child refugees, internally
displaced children and child asylum seekers, in particular those unaccompanied or
separated from their parents,
I
Implementation of the Convention on the Rights of the Child
and the Optional Protocols thereto
1.
Reaffirms paragraphs 1 to 10 of its resolution 68/147 of 18 December
2013, and welcomes the fifteenth anniversary of the adoption of the Optional
Protocols to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and on the involvement of children in armed
conflict;28
2.
Welcomes the increasing number of ratifications of the Convention on the
Rights of the Child,1 and urges States that have not yet done so to consider acceding
to it and to the Optional Protocols thereto2 as a matter of priority and to implement
them effectively and fully, and encourages further efforts by the Secretary-General
in this regard;
_______________
28 United Nations, Treaty Series, vols. 2171 and 2173, No. 27531.
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3.
Notes the entry into force on 14 April 2014 of the Optional Protocol to
the Convention on the Rights of the Child on a communications procedure, 29 and
calls upon States to consider its accession, ratification and implementation;
4.
Urges States parties to withdraw reservations that are incompatible with
the object and purpose of the Convention or the Optional Protocols thereto and to
consider reviewing regularly other reservations with a view to withdrawing them in
accordance with the Vienna Declaration and Programme of Action;10
5.
Welcomes the work of the Committee on the Rights of the Child, and,
taking into account the adoption of its general comments and its actions to follow up
on its concluding observations on the implementation of the Convention and
recommendations, calls upon all States to strengthen their cooperation with the
Committee, to comply in a timely manner with their reporting obligations under the
Convention and the Optional Protocols thereto, in accordance with the guidelines
elaborated by the Committee, and to take into account its recommendations,
observations and general comments on the implementation of the Convention;
6.
Also welcomes the attention paid to the rights of the child by the Special
Representatives of the Secretary-General on Violence against Children and for
Children and Armed Conflict and the Special Rapporteur of the Human Rights
Council on the sale of children, child prostitution and child pornography, and, in this
regard, their contribution to the progress achieved in the promotion and the
protection of the rights of children;
II
Promotion and protection of the rights of the child
and non-discrimination against children
Non-discrimination
7.
Reaffirms paragraphs 11 to 14 of its resolution 68/147, and calls upon
States to ensure the enjoyment by all children of all their civil, political, economic,
social and cultural rights without discrimination of any kind;
8.
Notes with concern the large number of children belonging to national,
ethnic, religious and linguistic minorities, migrant children, refugee or asylum-
seeking children, internally displaced children, and children of indigenous origin
who are victims of discrimination, including racism, racial discrimination,
xenophobia and related intolerance, stresses the need to incorporate special
measures, in accordance with the principle of the best interests of the child and
respect for his or her views and the child’s gender-specific needs, including children
with special needs, in education programmes and programmes to combat these
practices, and calls upon States to provide special support and to ensure equal
access to services for those children;
9.
Urges all States to respect, protect and promote the right of girls and
boys to express themselves freely, and their right to be heard, to ensure that their
views are given due weight, in accordance with their age and maturity, in all matters
affecting them, and to involve children, including children with special needs, in
decision-making processes, taking into account the evolving capacities of children
and the importance of involving children’s organizations and child-led initiatives;
_______________
29 Resolution 66/138, annex.
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10. Recognizes that discrimination against any child on the basis of disability
is a violation of the inherent dignity and worth of the child, and expresses grave
concern that children with disabilities face violations of their human rights, as well
as discriminatory, attitudinal and environmental barriers to their participation and
inclusion in society and in the community;
Registration, family relations, adoption and alternative care
11.
Reaffirms paragraphs 15 to 19 of its resolution 68/147, and urges all
States parties to intensify their efforts to comply with their obligations under the
Convention on the Rights of the Child to protect children in matters relating to
registration, family relations and adoption or other forms of alternative care, and, in
cases of international parental or familial child abduction, encourages States to
consider accession to or ratification of the Hague Convention on the Civil Aspects
of International Child Abduction,30 which takes into consideration the principle of
the best interests of the child, and to engage in bilateral and, when appropriate,
multilateral cooperation to resolve those cases by facilitating, inter alia, the return of
the child to his or her country of habitual residence, where the appropriate court can
make a custody decision, taking into consideration the principle of the best interests
of the child;
Economic and social well-being of children
12. Reaffirms paragraphs 20 to 29 of its resolution 68/147, calls upon all
States and the international community to create an environment in which the well-
being of the child is ensured, including by strengthening international cooperation in
this field and by implementing their commitments, including the Sustainable
Development Goals, and affirms that investment in children has high economic and
social returns and that all related efforts to ensure that resources allocated and spent
for children should serve as a means for the fulfilment of the rights of the child;
13. Emphasizes the role of international cooperation in support of national
and subnational efforts and in raising the capacities, including at the community
level, for the fulfilment of the rights of the child, through, inter alia, the
enhancement of cooperation with the human rights mechanisms, relevant United
Nations agencies, programmes and funds, including through the provision of
technical and financial assistance, upon the request of and in accordance with the
priorities set by the States concerned;
14. Calls upon all States and the international community to cooperate,
support and participate in the global efforts towards poverty eradication, by
fulfilling their previous commitments, implementing the 2030 Agenda for
Sustainable Development22 and mobilizing all necessary resources and support in
that regard, according to national plans and strategies, including through an
integrated and multifaceted approach based on the rights and well-being of children;
Child labour
15. Reaffirms paragraphs 30 to 33 of its resolution 68/147, and urges States
to take immediate and effective measures to secure the prohibition and elimination
of the worst forms of child labour and to end child labour in all its forms, by 2025 at
the latest, and to promote education as a key strategy in this regard;
_______________
30 United Nations, Treaty Series, vol. 1343, No. 22514.
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16. Urges all States that have not yet done so to consider ratifying both the
Worst Forms of Child Labour Convention, 1999 (No. 182),31 and the Minimum Age
Convention, 1973 (No. 138),32 of the International Labour Organization;
17. Recognizes that poverty and social exclusion, labour mobility,
discrimination and lack of adequate social protection and educational opportunity as
well as lack of birth registration all influence child labour;
Prevention and elimination of violence against children
18. Reaffirms paragraphs 34 to 39 of its resolution 68/147 and paragraphs 47
to 62 of its resolution 62/141 of 18 December 2007 on the elimination of violence
against children, condemns all forms of violence against children, and urges all
States to implement the measures set out in paragraph 34 of its resolution 68/147
and paragraph 3 of its resolution 69/158 and:
(a)
To take effective and appropriate legislative and other measures to
prohibit, prevent and eliminate all forms of violence against children in all settings,
including harmful practices in all situations, and to strengthen international, national
and local cooperation and mutual assistance in this regard;
(b)
To protect children from all forms of violence, including by exercising
due diligence, investigating, prosecuting and punishing the perpetrators of violence
against all children and ending impunity, to provide protection as well as universal
access to comprehensive social, physical and mental health and legal services and
counselling for all victims and survivors, to ensure their full recovery and
reintegration into society, and to address the structural and underlying causes of
violence against all children through enhanced prevention measures, research and
strengthened coordination and monitoring and evaluation;
(c)
To address the gender dimension of all forms of violence against children
and incorporate a gender perspective in all policies adopted and actions taken to
protect children against all forms of violence and harmful practices, including
female genital mutilation, acknowledging that girls and boys face varying risks from
different forms of violence at different ages and in different situations;
19. Also reaffirms that violence against children is never justifiable and that
it is the duty of States to protect children, including those in conflict with the law,
from all forms of violence and human rights violations and to exercise due diligence
to prohibit, prevent and investigate acts of violence against children, eliminate
impunity
and
provide
assistance
to
the
victims,
including
preventing
revictimization;
20. Recalls that 2016 will mark the tenth anniversary of the submission of
the United Nations study on violence against children to the General Assembly, 33
and welcomes the efforts of the Special Representative of the Secretary-General on
Violence against Children in mainstreaming the study recommendations in the
international, regional and national agenda;
21. Strongly condemns the abduction of children, and calls upon all States to
take all appropriate measures to secure their unconditional release, rehabilitation
_______________
31 Ibid., vol. 2133, No. 37245.
32 Ibid., vol. 1015, No. 14862.
33 See A/61/299.
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and reintegration and their reunification with their families or legal guardians, in
accordance with the best interests of the child;
22. Notes with appreciation the adoption of the United Nations Model
Strategies and Practical Measures on the Elimination of Violence against Children in
the Field of Crime Prevention and Criminal Justice, 34 encourages States to take
effective measures for their dissemination and implementation, as appropriate, and
invites relevant United Nations actors to support Member States, where appropriate,
to this end through concerted efforts;
Promoting and protecting the rights of children, including children in
particularly difficult situations
23. Reaffirms paragraphs 40 to 48 of its resolution 68/147, and calls upon all
States to promote and protect all human rights of all children, to implement
evidence-based programmes and measures that provide them with special protection
and assistance, including access to health care and inclusive and equitable quality
education and social services, to consider implementing voluntary repatriation,
reintegration where appropriate and feasible, family tracing and family
reunification, in particular for children who are unaccompanied, and to ensure that
the best interests of the child are a primary consideration;
24. Calls upon all States to ensure, for children belonging to minorities and
vulnerable groups and children in vulnerable situations, including migrant children
and indigenous children, as well as children placed in alternative care and within the
juvenile justice system and in detention, the enjoyment of all human rights, as well
as access to health care, social services and education, on an equal basis with others
and to ensure that all such children, in particular unaccompanied migrant children
and those who are victims of violence and exploitation, receive appropriate
protection and assistance;
Migrant children
25. Reaffirms the need to promote and protect effectively the human rights
and fundamental freedoms of all migrant children, regardless of their migration
status, and to address international migration through international, regional or
bilateral cooperation and dialogue and through a comprehensive and balanced
approach, recognizing the roles and responsibilities of countries of origin, transit
and destination in promoting and protecting the human rights of all migrant
children, and avoiding approaches that might aggravate their vulnerability;
26. Expresses the commitment to protect the human rights of migrant
children, given their vulnerability, particularly unaccompanied migrant children, and
to provide for their health, education and psychosocial development, ensuring that
the best interests of the child are a primary consideration in policies of integration,
return and family reunification;
Children and the administration of justice
27. Reaffirms paragraphs 49 to 57 of its resolution 68/147, and calls upon all
States to respect and protect the rights of children alleged to have infringed or
_______________
34 Resolution 69/194, annex.
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recognized as having infringed penal law, as well as children of persons alleged to
have infringed or recognized as having infringed penal law;
28. Encourages continued regional and cross-regional efforts, the sharing of
best practices and the provision of technical assistance in the field of juvenile
justice, acknowledges in this regard the holding of the World Congress on Juvenile
Justice in Geneva, from 26 to 30 January 2015, and noting with interest its final
declaration;
29. Encourages States to develop and implement a comprehensive juvenile
justice policy to protect and address the needs of children in contact with the law,
with a view to promoting, inter alia, a commitment to improving the quality of
education available to children placed in alternative care and within the juvenile
justice system, crime prevention programmes, the use of alternative measures, such
as diversion, restorative justice and community-based programmes that focus on the
rehabilitation and reintegration of the child, and ensuring compliance with the
principle that deprivation of liberty of children should be used only as a measure of
last resort and for the shortest appropriate period of time, as well as to avoid,
wherever possible, the use of pretrial detention for children;
Prevention and eradication of the sale of children, child prostitution
and child pornography
30. Reaffirms paragraph 58 of its resolution 68/147, and calls upon all States
to prevent, criminalize, prosecute and punish all forms of the sale and trafficking of
children, including for the purposes of removal of organs of the child for profit,
child slavery, and the sexual exploitation of children, including child prostitution
and child pornography, with the aim of eradicating those practices and the use of the
Internet and other information and communications technologies for these purposes,
to combat the existence of a market that encourages such criminal practices and take
measures to eliminate the demand that fosters them, as well as to address the rights
and needs of victims effectively and take effective measures against the
criminalization of children who are victims of exploitation;
Children affected by armed conflict
31. Reaffirms paragraphs 59 to 70 of its resolution 68/147, condemns in the
strongest terms all violations and abuses committed against children in armed
conflict, and in this regard urges all States and other parties to armed conflict that
are engaged, in contravention of applicable international law, in the recruitment and
use of children, in patterns of killing and maiming of children and/or rape and other
sexual violence against children, acknowledging that sexual violence in these
situations disproportionately affects girls, in recurrent attacks on schools and/or
hospitals and related personnel, and in patterns of abduction of children, as well as
in all other violations and abuses against children, to take time-bound and effective
measures to end and prevent them, and takes note in this regard of the adoption of
Security Council resolution 2225 (2015) of 18 June 2015;
32. Urges all States, United Nations agencies, funds and programmes, other
relevant international and regional organizations and civil society to give serious
attention to, and to protect and assist child victims of, all violations and abuses
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committed against children in situations of armed conflict, in accordance with
international humanitarian law, including the Geneva Conventions of 1949; 35
33. Calls upon States to protect children affected by armed conflict, in
particular from violations of international humanitarian law and human rights law,
and to ensure that they receive timely, effective humanitarian assistance, noting the
efforts taken to end impunity by ensuring accountability and punishing perpetrators,
and calls upon the international community to hold those responsible for violations
accountable, inter alia, through the International Criminal Court;
34. Remains deeply concerned, however, over the lack of progress on the
ground in some situations and the deterioration in other situations where parties to
armed conflict continue to violate with impunity the relevant provisions of
applicable international law relating to the rights and protection of children in armed
conflict;
35. Expresses its deep concern about attacks, as well as threats of attacks, in
contravention of applicable international law against schools and/or hospitals, and
protected persons in relation to them, welcomes the publication of the guidance note
on Security Council resolution 1998 (2011) of 12 July 2011 on attacks on schools
and hospitals by the Office of the Special Representative of the Secretary-General
for Children and Armed Conflict in collaboration with the United Nations Children’s
Fund, the World Health Organization and the United Nations Educational, Scientific
and Cultural Organization, and takes note of the adoption of Security Council
resolution 2143 (2014) of 7 March 2014;
36. Welcomes in this regard the “Children, not soldiers” campaign initiated
by the Special Representative of the Secretary-General for Children and Armed
Conflict and the United Nations Children’s Fund, in collaboration with other United
Nations partners, aimed at ending and preventing, by 2016, the recruitment and use
of children by the national security forces concerned, and requests the Special
Representative to report on progress in her next report to the General Assembly;
III
Right to education
37. Reaffirms that education is a fundamental human right, a basis for
guaranteeing the realization of other human rights and is essential for sustainable
development and the promotion of peace and tolerance, as well as key to achieving
full employment and poverty eradication;
38. Also reaffirms the human right of everyone to education, which is
enshrined in, inter alia, the Universal Declaration of Human Rights, 36 the
International Covenant on Economic, Social and Cultural Rights,3 the Convention
on the Rights of the Child, the Worst Forms of Child Labour Convention, 1999 (No.
182), the Convention on the Elimination of All Forms of Discrimination against
Women,9 the International Convention on the Elimination of All Forms of Racial
Discrimination,37 the International Convention on the Protection of the Rights of All
_______________
35 United Nations, Treaty Series, vol. 75, Nos. 970–973.
36 Resolution 217 A (III).
37 United Nations, Treaty Series, vol. 660, No. 9464.
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Migrant Workers and Members of Their Families,38 the Convention on the Rights of
Persons with Disabilities,4 and in other relevant international instruments;
39. Welcomes the attention paid to the right to education of children by the
United Nations Educational, Scientific and Cultural Organization, the United
Nations Children’s Fund, the Office of the United Nations High Commissioner for
Human Rights, the International Labour Organization and all relevant special
representatives of the Secretary-General, as well as special procedures mandate
holders, including the Special Rapporteur of the Human Rights Council on the right
to education, in particular, the human rights treaty bodies and the operational
activities of the United Nations system on the issue;
40. Underlines that full access to inclusive and equitable quality education
and the promotion of lifelong learning at all levels is an essential precondition for
achieving sustainable development and for the full realization of the right to
education;
41. Expresses its dismay at the aggravation of attacks on educational
institutions, their students and staff, in contravention of international humanitarian
law, recognizes the grave impact that such attacks have on the full realization of the
right to education, in particular of women and girls, and reiterates its condemnation
in the strongest terms of all such attacks;
42. Expresses its deep concern about the persistence of the gender gap in
education, which is reflected by the fact that, according to the United Nations
Educational, Scientific and Cultural Organization, nearly two thirds of the world’s
non-literate adults are women;
43. Notes
with
concern
that
child,
early
and
forced
marriage
disproportionally affects girls who have received little or no formal education and is
itself a significant obstacle to educational opportunities for girls and young women,
in particular girls who are forced to drop out of school owing to marriage and/or
childbirth, recognizing that educational opportunities are directly related to
women’s and girls’ empowerment, employment and economic opportunities and to
their active participation in economic, social and cultural development, governance
and decision-making;
44. Notes that evidence has shown that the States that have made the biggest
investments in education are those that have achieved the highest gains in national
income, economic growth and poverty reduction as well as in human development
outcomes;
45. Also notes that the Oslo Summit on Education for Development, in its
declaration of 7 July 2015, decided to establish the International Commission on the
Financing of Global Education Opportunities, to be chaired by the United Nations
Special Envoy for Global Education, and that the Commission will present its report
to the Secretary-General in September 2016;
46. Recognizes that the right of the child to education can be severely
hampered as a result of physical, psychological and sexual violence, as well as
bullying, both in school and on the way to school, as well as online, which
compromises learning outcomes and may lead to school dropout;
_______________
38 Ibid., vol. 2220, No. 39481.
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47. Also recognizes that a large portion of the world’s children out of school
live in conflict-affected areas, in areas affected by outbreaks of communicable
diseases, such as Ebola, and in regions stricken by natural disasters, and that this is
a serious challenge to the realization of all the rights of the child as well as the
fulfilment of international commitments on education, reaffirms the State’s
obligation to ensure that children continue to fully enjoy their human rights during
conflict and post-conflict periods, as well as in other emergency situations,
including, inter alia, the human right to education, and stresses in that context the
importance of ensuring that children continue to have access to basic services in all
such situations;
48. Expresses its deep concern about the growing number of attacks and
threats of attacks against schools, and recognizes the grave impact of such attacks
on children’s and teachers’ safety, as well as on the full realization of the right to
education, also expresses its concern that the military use of schools in
contravention of applicable international law may also affect the safety of children
and teachers and the right of the child to education, and encourages all States to
strengthen efforts to prevent the military use of schools in contravention of
international law;
49. Calls upon all States to give full effect to the right to education for all
children and in particular:
(a)
To eliminate gender disparities in education and to ensure effective and
equal access to inclusive and equitable quality education, including vocational
training, at all levels for all children without discrimination of any kind, particularly
the vulnerable, including indigenous children, as well as children with disabilities
and children in vulnerable or marginalized situations;
(b)
To make primary education available, free and compulsory for all
children;
(c)
To take all appropriate measures to eliminate obstacles to effectively
accessing and completing education, such as the cost of education, hunger and poor
nutrition, distance from home to school, the institutionalization of children, armed
conflicts, all forms of violence in school, insufficient infrastructure, including lack
of access to water and sanitation, the lack of adequate and physically and otherwise
accessible schooling facilities for girls, and child labour or heavy domestic work,
and to ensure that children who are institutionalized also enjoy their right to
education;
(d)
To take all measures, including sufficient budgetary allocations, to ensure
inclusive, equitable and non-discriminatory quality education and to promote
learning opportunities for all children;
(e)
To take all appropriate measures to eliminate discrimination against girls
in the field of education and to ensure equal access for all girls to all levels of
education,
including
through
gender-responsive
policies and programmes,
improving the safety of girls on the way to and from school, taking steps to ensure
that all schools are accessible, safe, secure and free from violence and providing
separate and adequate sanitation facilities that provide privacy and dignity, and
thereby contributing to achieving equal opportunity and combating exclusion and
ensuring school attendance, including for girls as well as for children from low-
income families, children who become heads of households and girls who are
already married or pregnant;
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(f)
To promote the development of gender-responsive curricula for
educational programmes at all levels and to take concrete measures to ensure that
educational materials portray women and men, youth, girls and boys in positive and
non-stereotypical roles, including in the teaching of scientific and technological
subjects;
(g)
To develop training programmes and materials for teachers and educators
that promote equality, cooperation, mutual respect and shared responsibilities
between girls and boys from pre-primary level onward;
(h)
To adopt all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child’s human dignity and human
rights by taking all appropriate legislative, administrative, social and educational
measures, in accordance with the best interests of the child, to protect the child from
all forms of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse in schools, and in
this context to take measures to promote non-violent forms of discipline in schools;
(i)
To establish child-friendly and confidential counselling, complaints and
reporting mechanisms to address incidents of violence, including sexual violence,
against children in schools or on the way to or from school, and support the
rehabilitation of child victims, as well as for the promotion of training and guidance
for teachers and school staff to detect and report cases of violence against children
to the relevant authorities;
(j)
To prevent and protect children from bullying, including cyberbullying
and other online risks such as sexual violence and online exploitation, by generating
statistical information, promptly and adequately responding to such acts, providing
appropriate support and counselling to children affected by and involved in
bullying, recognizing the important role that schools can play in preventing and
responding to such incidents and in promoting online safety, through close
collaboration between governments, teachers, parents, communities, the private
sector, civil society, non-governmental organizations and children themselves;
(k)
To ensure that all girls and boys have access to quality early childhood
development, care and pre-primary education;
(l)
To strengthen the role of education, including human rights education, as
the most effective means of promoting tolerance, in preventing the spread of
extremism by instilling respect for human rights and promoting the practice of
non-violence, moderation, dialogue and cooperation, calling upon all States,
the specialized agencies of the United Nations and intergovernmental and
non-governmental organizations to contribute actively to this endeavour by, inter
alia, placing emphasis on civic education and life skills as well as democratic
principles and practices at all levels of formal, informal and non-formal education;
(m) To take all feasible measures to protect schools from attacks, as well as
persons entitled to protection in relation to them in situations of armed conflict, and
to refrain from actions that impede children’s access to education;
(n)
To ensure, as primary duty-bearers, the realization of the right to
education in all phases of emergency situations and to implement strategies and
policies in this regard as an integral element of humanitarian assistance and
humanitarian response, to the maximum of their available resources, with the
support of the international community, the United Nations system, donors,
multilateral agencies, the private sector, civil society and non-governmental
organizations;
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(o)
To ensure inclusive quality education, including by strengthening inputs,
processes and evaluation of learning outcomes and mechanisms to measure and
monitor progress, including by collecting disaggregated data, as well as by ensuring
that teachers and educators are empowered, adequately recruited, well-trained,
qualified, motivated and well supported with well-resourced, efficient and
effectively governed systems, recognizing the importance of regional and
international cooperation in this regard;
(p)
To further ensure relevant and effective learning outcomes and ensure the
acquisition of the foundational skills of literacy and numeracy, as well as analytical,
problem-solving and other high-level cognitive, interpersonal and social skills;
(q)
To take specific measures to respect, protect, promote and fulfil the right
of the child to engage in play and recreational activities, in particular by promoting
the provision of a school curriculum that allows for sufficient opportunity for play
and recreational activities, including physical education and sport;
(r)
To integrate human rights education and training, education for
democracy, along with civic education and education for sustainable development
into national and subnational education standards, and in this regard to develop and
strengthen national and subnational programmes, curricular and extracurricular
educational activities and to implement, as appropriate, the Global Action
Programme on Education for Sustainable Development;21
(s)
To adopt legislative and other appropriate measures with a view to
realizing the right to education for children with disabilities, on the basis of equal
opportunity, and to ensure an inclusive education system at all levels that provides
reasonable accommodation of the child’s needs, along with the required effective
individualized support measures in environments to maximize academic and social
development, within the general education system, and consistent with the goal of
full inclusion, which facilitates effective education;
(t)
To take all appropriate measures to safeguard the realization of the right
to education for indigenous children, including their access to quality education, on
the basis of equal opportunity, in a manner conducive to their fullest possible social
inclusion and individual development, including through the provision of
compulsory primary education that is available free to all and, when possible, is
provided in their own language, and to take all appropriate measures to make all
other levels and all forms of education available and accessible to indigenous
children without discrimination;
(u)
To develop and implement educational programmes and teaching
materials, including comprehensive evidence-based education on human sexuality,
based on full and accurate information, for all adolescents and youth, in a manner
consistent with their evolving capacities, with appropriate direction and guidance
from parents and legal guardians, with the active involvement of all relevant
stakeholders, in order to modify the social and cultural patterns of conduct of men
and women of all ages, to eliminate prejudices and to promote and build decision-
making, communication and risk reduction skills for the development of respectful
relationships based on gender equality and human rights, as well as teacher
education and training programmes for both formal and non-formal education;
(v)
To measure progress in the realization of the right to education, by, for
example, developing national indicators as an important tool for the realization of
the right to education and for policy formulation, impact assessment and
transparency;
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50. Urges all States and all relevant stakeholders to give high priority to the
implementation of the 2030 Agenda for Sustainable Development, including the
education-related Sustainable Development Goal and targets;
IV
Follow-up
51. Expresses support for the work of the Special Representative of the
Secretary-General on Violence against Children, and recognizes the progress
achieved since the establishment of her mandate in promoting the prevention and
elimination of all forms of violence against children in all regions and in advancing
the implementation of the recommendations of the United Nations study on violence
against children,33 including through her regional and thematic consultations and
field missions, and thematic reports addressing emerging concerns;
52. Recommends that the Secretary-General extend the mandate of the
Special Representative of the Secretary-General on Violence against Children, as
established in paragraphs 58 and 59 of its resolution 62/141, for a further three
years, and maintain support for the effective and independent performance and the
sustainability of the mandate of the Special Representative, funded from the regular
budget;
53. Urges all States, requests United Nations entities and agencies, and
invites regional organizations and civil society, including non-governmental
organizations, to cooperate with the Special Representative of the Secretary-General
on Violence against Children in promoting further implementation of the
recommendations of the United Nations study on violence against children, and
encourages States to provide support to the Special Representative, including
adequate voluntary financial support for the continued, effective and independent
performance of her mandate, and invites organizations, including the private sector,
to provide voluntary contributions for that purpose;
54. Recalls its resolution 69/157, in which it invited the Secretary General to
commission an in-depth global study on children deprived of liberty, to be funded
through voluntary contributions, and in this regard encourages Member States,
United Nations agencies, funds, programmes and offices, as well as other relevant
stakeholders to support the elaboration of the study;
55. Decides:
(a)
To request the Secretary-General to submit to the General Assembly at its
seventy-first session a report on the rights of the child containing information on the
status of the Convention on the Rights of the Child and the issues addressed in the
present resolution, with a focus on migrant children;
(b)
To request the Special Representative of the Secretary-General for
Children and Armed Conflict to continue to submit reports to the General Assembly
and the Human Rights Council on the activities undertaken in the fulfilment of her
mandate, including information on her field visits and on the progress achieved and
the challenges remaining on the children and armed conflict agenda;
(c)
To request the Special Representative of the Secretary-General on
Violence against Children to continue to submit annual reports to the General
Assembly and the Human Rights Council on the activities undertaken in the
fulfilment of her mandate, consistent with paragraphs 58 and 59 of its resolution
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62/141, including information on her field visits and on the progress achieved and
the challenges remaining on the violence against children agenda;
(d)
To request the Special Rapporteur of the Human Rights Council on the
sale of children, child prostitution and child pornography to continue to submit
reports to the General Assembly and the Human Rights Council on the activities
undertaken in the fulfilment of her mandate, including information on her field
visits and on the progress achieved and the challenges remaining on the sale of
children, child prostitution and child pornography agenda;
(e)
To invite the Chair of the Committee on the Rights of the Child to
present an oral report on the work of the Committee and to engage in an interactive
dialogue with the General Assembly at its seventy-first session as a way to enhance
communication between the Assembly and the Committee;
(f)
To continue its consideration of the question at its seventy-first session
under the item entitled “Promotion and protection of the rights of children”,
focusing section III of the resolution entitled “Rights of the child” on the theme
“Migrant children”.
80th plenary meeting
17 December 2015
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