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A/RES/72/245 GA

Rights of the child : resolution / adopted by the General Assembly

72
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162
Yes
0
No
1
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Draft symbol A/C.3/72/L.21/Rev.1
Adopted symbol A/RES/72/245
Category SOCIAL CONDITIONS AND EQUITY
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UN Document A/RES/72/245 ↗

Vote Recorded VoteA/72/PV.76 Dec. 23, 2017

— Abstain (1)
Absent (30)
✓ Yes (162)
Full text of resolution OCR extract — may contain errors
United Nations A/RES/72/245 General Assembly Distr.: General 23 January 2018 17-23328 (E) 260118 *1723328* Seventy-second session Agenda item 68 (a) Resolution adopted by the General Assembly on 24 December 2017 [on the report of the Third Committee (A/72/435)] 72/245. Rights of the child The General Assembly, Reaffirming the importance of its resolution 44/25 of 20 November 1989, by which it adopted the Convention on the Rights of the Child, 1 which constitutes the standard in the promotion and protection of the rights of the child, reaffirming also 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 Convention2 and calling for their universal ratification and effective implementation, as well as that of other human rights instruments, Reaffirming also all of its previous resolutions on the rights of the child, the most recent of which was resolution 71/177 of 19 December 2016, Recalling all other relevant resolutions, including resolutions 71/167 of 19 December 2016 on trafficking in women and girls, 71/168 of 19 December 2016 on intensifying global efforts for the elimination of female genital mutilation, 71/170 of 19 December 2016 entitled “Intensification of efforts to prevent and eliminate all forms of violence against women and girls: domestic violence”, 71/175 of 19 December 2016 on child, early and forced marriage, and 71/176 of 19 December 2016 on protecting children from bullying, Reaffirming the Universal Declaration of Human Rights,3 which proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, __________________ 1 United Nations, Treaty Series, vol. 1577, No. 27531. 2 Ibid., vols. 2171 and 2173, No. 27531; and resolution 66/138, annex. 3 Resolution 217 A (III). A/RES/72/245 Rights of the child 17-23328 2/15 Recalling the International Covenant on Civil and Political Rights, 4 the International Covenant on Economic, Social and Cultural Rights, 4 the Convention on the Rights of Persons with Disabilities,5 the International Convention for the Protection of All Persons from Enforced Disappearance, 6 the 1951 Convention relating to the Status of Refugees7 and the 1967 Protocol thereto,8 the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,9 the United Nations Convention against Transnational Organized Crime10 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,11 the Convention on the Elimination of All Forms of Discrimination against Women,12 the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 13 and both the Minimum Age Convention, 1973 (No. 138),14 and the Worst Forms of Child Labour Convention, 1999 (No. 182),15 of the International Labour Organization, 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,16 the United Nations Millennium Declaration17 and the outcome document of the twenty-seventh special session of the General Assembly on children, entitled “A world fit for children”,18 recalling the Beijing Declaration and Platform for Action, 19 the Programme of Action of the International Conference on Population and Development20 and the outcome documents of their review conferences, the Copenhagen Declaration on Social Development and the Programme of Action of the World Summit for Social Development,21 the Declaration on Social Progress and Development,22 the Universal Declaration on the Eradication of Hunger and Malnutrition,23 the United Nations Declaration on the Rights of Indigenous Peoples 24 and the outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples,25 the Declaration on the Right __________________ 4 See resolution 2200 A (XXI), annex. 5 United Nations, Treaty Series, vol. 2515, No. 44910. 6 Ibid., vol. 2716, No. 48088. 7 Ibid., vol. 189, No. 2545. 8 Ibid., vol. 606, No. 8791. 9 Ibid., vol. 2220, No. 39481. 10 Ibid., vol. 2225, No. 39574. 11 Ibid., vol. 2237, No. 39574. 12 Ibid., vol. 1249, No. 20378. 13 Ibid., vol. 1465, No. 24841. 14 Ibid., vol. 1015, No. 14862. 15 Ibid., vol. 2133, No. 37245. 16 A/CONF.157/24 (Part I), chap. III. 17 Resolution 55/2. 18 Resolution S-27/2, annex. 19 Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I and II. 20 Report of the International Conference on Population and Development, Cairo, 5–13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex. 21 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. 22 See resolution 2542 (XXIV). 23 Report of the World Food Conference, Rome, 5–16 November 1974 (United Nations publication, Sales No. E.75.II.A.3), chap. I. 24 Resolution 61/295, annex. 25 Resolution 69/2. Rights of the child A/RES/72/245 3/15 17-23328 to Development,26 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 2007,27 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 2012,28 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 Development29 and the World Education Forum 2015, held in Incheon, Republic of Korea, from 19 to 22 May 2015, Underscoring the importance of the implementation of the 2030 Agenda for Sustainable Development30 in ensuring the enjoyment of the rights of the child, Welcoming the work undertaken on a global compact on refugees and a global compact for safe, orderly and regular migration, to be considered for adoption in 2018, and recalling the importance of protecting the human rights and fundamental freedoms of all refugee and migrant children, with the best interests of the child as a primary consideration, 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 Assembly31 and on the status of the Convention on the Rights of the Child and the issues addressed in resolution 71/177,32 as well as the report of the Special Representative of the Secretary-General on Violence against Children,33 the report of the Special Representative of the Secretary-General for Children and Armed Conflict34 and the joint report of the Special Rapporteur of the Human Rights Council on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, and the Special Rapporteur of the Council on trafficking in persons, especially women and children, 35 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 and local 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, __________________ 26 Resolution 41/128, annex. 27 Resolution 62/88. 28 Resolution 66/288, annex. 29 See A/69/76, annex, enclosure 2. 30 Resolution 70/1. 31 A/72/208. 32 A/72/356. 33 A/72/275. 34 A/72/276. 35 A/72/164. A/RES/72/245 Rights of the child 17-23328 4/15 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 national human rights institutions and civil society, including non-governmental organizations, Noting the convening of international, regional and national meetings aimed at eliminating all forms of violence against children, including all violent punishment of children, and encouraging additional efforts in this regard, Recognizing the importance of international, regional and bilateral multi-stakeholder partnerships and initiatives to advance the effective protection and promotion of the rights of the child and the elimination of violence against children, and in this regard taking note, inter alia, of the Global Partnership to End Violence against Children, the “High time to end violence against children” initiative, the Together for Girls partnership, the Global Alliance to Eradicate Forced Labour, Modern Slavery, Human Trafficking and Child Labour, the Global Youth Partnership for the Sustainable Development Goals, the Global Partnership on Children with Disabilities, the Global Coalition to Protect Education from Attack, the WeProtect Global Alliance to combat online child sexual exploitation and the Global Alliance for Reporting Progress on Promoting Peaceful, Just and Inclusive Societies, Profoundly concerned 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, cholera and tuberculosis, fetal alcohol syndrome and inherited addictions, non-communicable diseases, lack of access to safe drinking water and sanitation, environmental damage, climate change, natural disasters, armed conflict, foreign occupation, displacement, famine, violence, terrorism, abuse, all forms of exploitation, including the commercial sexual exploitation of children, such as for purposes of child prostitution, child pornography and other child sexual abuse material, child sex tourism and trafficking in children, including for purposes of labour and sexual exploitation, organ removal and the transfer of organs of the child for profit, neglect, illiteracy, hunger, intolerance, discrimination, racism, xenophobia, gender inequality, inadequate protection and inadequate access to justice, and convinced that urgent and effective national and international action is called for, Profoundly concerned also 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, 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, in this regard underlining the importance of the implementation of the 2030 Agenda for Sustainable Development, and 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 their communities, Profoundly concerned further that children in many parts of the world remain negatively affected by the impacts of climate change, including persistent drought and extreme weather events, land degradation, sea level rise, coastal erosion and ocean acidification, which further threaten health, food security and efforts to eradicate poverty and achieve sustainable development, and in this regard calling for Rights of the child A/RES/72/245 5/15 17-23328 the implementation of the Paris Agreement36 adopted under the United Nations Framework Convention on Climate Change, Expressing deep concern that, despite the recognition of the right of the child to express her or his views freely on all matters affecting her or him, with her or his 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 5.6 million children under the age of 5 die each year,37 mostly from preventable and treatable causes, owing to inadequate or lack of access to integrated and quality sexual, reproductive and maternal health- care services, as well as newborn and child health care and services, early childbearing and 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 the risk of maternal mortality is highest for girls under 15 years of age and that complications in pregnancy and childbirth are a leading cause of death among girls under 15 years of age in many countries, Expressing concern that children with disabilities face stigmatization, discrimination or exclusion and are disproportionately subjected to mental and physical violence and sexual abuse in all settings, I Implementation of the Convention on the Rights of the Child and the Optional Protocols thereto 1. Reaffirms paragraphs 1 to 5 of its resolution 71/177 and 1 to 10 of its resolution 68/147 of 18 December 2013, urges States that have not yet done so to consider acceding to the Convention on the Rights of the Child1 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; 2. 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; 16 II Promotion and protection of the rights of the child and non-discrimination against children Non-discrimination 3. Reaffirms paragraphs 6 to 10 of its resolution 71/177 and 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; __________________ 36 See FCCC/CP/2015/10/Add.1, decision 1/CP.21, annex. 37 See United Nations Children’s Fund, “Levels and trends in child mortality, 2015” (available from www.unicef.org/publications/files/Child_Mortality_Report_2015_Web_9_Sept_15.pdf). A/RES/72/245 Rights of the child 17-23328 6/15 Registration, family relations, adoption and alternative care 4. Reaffirms paragraphs 11 and 12 of its resolution 71/177 and 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 preserve the identity of children, including their nationality, name and family relations, as recognized by law, to protect children in matters relating to birth registration, family relations and adoption or other forms of alternative care, recognizing that every effort should be directed to enabling children to remain in or swiftly return to the care of their parents or, when appropriate, other close family members and that, where alternative care is necessary, family and community-based care should be promoted over placement in institutions; 5. Calls upon States to take all measures necessary to prevent and combat illegal adoptions and all adoptions that are not in the best interests of the child; Economic and social well-being of children 6. Reaffirms paragraphs 13 to 15 of its resolution 71/177 and 20 to 29 of its resolution 68/147, calls upon all States and the international community to create an enabling 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, 30 and reaffirms that investment in children, especially for early childhood development, has high economic and social returns and that all related efforts to ensure that resources allocated and spent for children, especially on children’s education and health, should serve as a means for the fulfilment of the rights of the child; Child labour 7. Reaffirms paragraphs 16 to 18 of its resolution 71/177 and 30 to 33 of its resolution 68/147, 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 notes the convening of the Global Conference on the Sustained Eradication of Child Labour in Buenos Aires from 14 to 16 November 2017, and urges States to continue to promote the engagement of all sectors of society in creating an enabling environment for the eradication of child labour; Promoting and protecting the rights of children, including children in particularly difficult situations 8. Reaffirms paragraphs 26 to 28 of its resolution 71/177 and 40 to 48 of its resolution 68/147, and calls upon all States to promote and protect all human rights of all children and to implement evidence-based programmes and measures that provide them with special protection and assistance, including access to inclusive and equitable quality education, health care and social services; Migrant children 9. Reaffirms paragraphs 40 to 87 of its resolution 71/177, and calls upon States to effectively promote and protect the human rights and fundamental freedoms of all children affected by migration, 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, while recognizing the roles and responsibilities of countries of origin, transit and destination Rights of the child A/RES/72/245 7/15 17-23328 in promoting and protecting the human rights of all children affected by migration and in avoiding approaches that might aggravate their vulnerability; 10. Expresses the commitment to protect the human rights of migrant children, given their vulnerability, in particular unaccompanied migrant children, to ensure that they receive appropriate protection and assistance and to provide for their health, education and psychosocial development, ensuring that the best interests of the child are a primary consideration in policies on integration, return and family reunification; Children and the administration of justice 11. Reaffirms paragraphs 29 to 31 of its resolution 71/177 and 49 to 57 of its resolution 68/147, and calls upon all States to respect and protect the rights of child victims and witnesses and children alleged to have infringed or recognized as having infringed penal law, as well as children of persons alleged to have infringed or recognized as having infringed penal law, and to ensure that the arrest, detention or imprisonment of a child should be in conformity with the law and should be used only as a measure of last resort and for the shortest appropriate period of time; 12. Encourages continued regional and cross-regional efforts, the sharing of best practices and the provision of technical assistance in the field of juvenile justice; Prevention and eradication of the sale of children, child prostitution and child pornography 13. Reaffirms paragraphs 32 of its resolution 71/177 and 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, child slavery, forced labour and the sexual exploitation of children, including child prostitution and child pornography and other child sexual abuse material, with the aim of eradicating those practices, including when perpetrated using the Internet and other information and communications technologies, 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 addressing the rights and needs of victims effectively, including universal access to comprehensive social, physical and mental health and legal services, without discrimination of any kind, and counselling for all victims to ensure their full recovery and reintegration into society, and to take effective measures against the criminalization of children who are victims of exploitation; Children affected by armed conflict 14. Reaffirms paragraphs 33 to 39 of its resolution 71/177 and 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, but that boys are also targets, 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 to encourage age- and gender-specific support services, including psychological, social and sexual and reproductive health-care services and reintegration programmes, and notes in this regard the adoption of Security Council resolution 2225 (2015) of 18 June 2015; A/RES/72/245 Rights of the child 17-23328 8/15 15. Underlines that the needs of children, including rehabilitation and reintegration, should be fully considered in post-conflict and peacebuilding programmes and that the promotion and protection of the rights of children affected by armed conflict is crucial to break cycles of violence and prevent recurring conflicts; 16. 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; 17. Calls upon States and regional and subregional organizations to mainstream the rights of the child into relevant activities in conflict and post-conflict situations with the aim of promoting peace and preventing and resolving conflict, as well as negotiating and implementing peace agreements and arrangements negotiated by parties to armed conflict; 18. Recalls that 2016 marked the twentieth anniversary of the adoption of resolution 51/77 of 12 December 1996, by which the mandate of the Special Representative of the Secretary-General for Children and Armed Conflict was created, welcomes its achievements in protecting children affected by armed conflict, underlines the need for the Office of the Special Representative of the Secretary- General, in cooperation with States, United Nations bodies and agencies, regional organizations and especially subregional organizations, to enhance its public awareness activities, including by collecting, assessing and disseminating best practices and lessons learned, in accordance with the existing mandate, and notes with appreciation the efforts of the Secretary-General and United Nations bodies to implement the monitoring and reporting mechanism on children and armed conflict; III Violence against children 19. Recalls article 19 of the Convention on the Rights of the Child, in which States parties are required to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child; 20. Also recalls the United Nations study on violence against children submitted to the General Assembly in 2006,38 and notes with appreciation the efforts of the Special Representative of the Secretary-General on Violence against Children in continuing to mainstream the study recommendations in the international, regional and national agendas; 21. Expresses deep concern at the fact that every five minutes a child dies as a result of violence and that globally 1 billion children, between 2 and 17 years of age, experience physical, sexual, emotional or multiple types of violence, with an estimated 120 million girls and 73 million boys having been the victims of sexual violence at some point in their lives; 22. Condemns all forms of violence against children in all settings, including physical, mental, psychological and sexual violence, torture and other cruel, inhuman or degrading treatment, child abuse and exploitation, hostage-taking, domestic __________________ 38 A/61/299. Rights of the child A/RES/72/245 9/15 17-23328 violence, incest, trafficking in or sale of children and their organs, paedophilia, child prostitution, child pornography, child sex tourism, gang and armed violence, sexual exploitation of children online, bullying, including cyberbullying, and harmful practices, and urges States to strengthen efforts to prevent and protect children from all such violence through a comprehensive approach and to develop a multifaceted and systematic framework, which is integrated into national planning processes, to respond to violence against children; 23. Calls upon all States to implement the commitment to end abuse, exploitation, trafficking and all forms of violence against and torture of children, as set out in the 2030 Agenda for Sustainable Development; 24. Urges all States to exercise leadership to end all forms of violence against children in all settings and to support advocacy in this regard at all levels, including at the local, national, regional and international levels, and by all sectors, especially by political, community and religious leaders, as well as the public and private sectors, the media and civil society; 25. Requests relevant entities, agencies, funds and programmes of the United Nations system, in particular those that are members of the Inter-Agency Working Group on Violence against Children, to continue to explore ways and means, within their respective mandates, by which they can contribute more effectively to preventing and responding to all forms of violence against children; 26. Expresses support for the work of the Special Representative of the Secretary-General on Violence against Children, 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, including through her regional and thematic consultations and field missions and thematic reports addressing emerging concerns, and in this regard takes note of the recent reports entitled Ending the Torment: Tackling Bullying from the Schoolyard to Cyberspace,39 Protecting Children Affected by Armed Violence in the Community40 and Safeguarding the Rights of Girls in the Criminal Justice System: Preventing Violence, Stigmatization and Deprivation of Liberty;41 27. Notes the consolidated partnerships promoted by the Special Representative of the Secretary-General on Violence against Children, including the platform for dialogue and communication initiated and led by the Special Representative with regional organizations and institutions, to share knowledge and good practices, coordinate efforts, enhance synergies, identify trends and contribute to accelerating progress in protecting children from violence; 28. Urges all States 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 child, early and forced marriage and female genital mutilation, acknowledging that girls and boys face varying risks from different forms of violence at different ages and in different situations, including in schools; 29. Stresses the importance of taking an integrated and multifaceted approach based on the rights and well-being of children, and the best interests of the child as a primary consideration, when designing and implementing measures to protect children from all forms of violence; __________________ 39 United Nations publication, Sales No. E.16.I.14. 40 Ibid., Sales No. E.16.I.15. 41 Ibid., Sales No. E.15.I.10. A/RES/72/245 Rights of the child 17-23328 10/15 30. Emphasizes that no child should be left behind and that States should pay particular attention to the protection of children who are marginalized or are in vulnerable situations or who face stigmatization, discrimination or exclusion and should ensure the enjoyment of all their human rights, without discrimination of any kind; 31. Urges all States to strengthen international cooperation and mutual assistance to prevent and protect children from all forms of violence and to end impunity for crimes against children; 32. Encourages States to consider accession to or ratification of The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, of 19 October 1996;42 33. Recalls the importance of actively engaging with children and respecting their views in all aspects of prevention, response and monitoring of violence against them, taking into account article 12 of the Convention on the Rights of the Child; 34. Expresses its concern about situations of violence in communities worldwide, including violence linked to illegal arms trade, organized crime, drug- related crime and gang-related violence, putting the well-being and security of children at severe risk; 35. Recognizes that there has been significant progress at the international, regional and national levels in addressing violence against children since the submission of the United Nations study on violence against children, and calls upon all States to maintain and enhance their efforts to protect children from all forms of violence, in particular: (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 respect fully the rights, human dignity and physical integrity of children and to prevent and address any psychological, mental, physical or sexual violence or any other humiliating or degrading treatment or punishment; (c) To give priority attention to the prevention of all forms of violence against children and to addressing its underlying causes and its gender dimension through a systematic, comprehensive and multifaceted approach, recognizing that witnessing violence, including domestic violence, also causes harm to children; (d) To develop a well-coordinated and well-resourced national strategy for the prevention and elimination of all forms of violence against children, including measures aimed at, inter alia, raising awareness, building the capacity of professionals working with and for children, supporting effective parenting programmes, fostering research, collecting data on the incidence of violence against children and developing and implementing appropriate national monitoring tools to periodically assess progress; (e) To end impunity for perpetrators of crimes against children, to undertake thorough and prompt investigations of all acts of violence against children and to prosecute such acts of violence and impose appropriate penalties, recognizing that persons convicted of violent offences against children, including sexual abuse, who __________________ 42 United Nations, Treaty Series, vol. 2204, No. 39130. Rights of the child A/RES/72/245 11/15 17-23328 continue to pose a risk of harm to children should be prevented from working with children; (f) To protect children from all forms of violence or abuse in all settings by all those who work with and for children, including in educational settings, in alternative care and residential care settings, and in international development activities and humanitarian relief work, as well as by government officials, such as the police, law enforcement authorities, employees and officials in detention centres or welfare institutions and health-care personnel; (g) To establish and develop safe, well-publicized, confidential and accessible mechanisms to enable children or their representatives to seek counselling, to report violence against children and file complaints on incidents of violence and to ensure that children have access to such mechanisms; (h) To develop coherent and coordinated protection systems and to provide universal access to quality comprehensive social, physical and mental health, including sexual and reproductive health, and legal and counselling services for all victims and survivors, to ensure their full recovery and reintegration into society, and to strengthen social welfare systems and effective service delivery for children affected by violence, in particular in the justice, education and health sectors; (i) To strive to change attitudes that condone or normalize any form of violence against children, including cruel, inhuman or degrading forms of discipline, harmful practices and all forms of sexual violence; (j) To continue to promote and invest in education, including as a long-term and lifelong process, by which everyone learns tolerance and respect for the dignity of others and the means and methods of ensuring such respect in all societies; (k) To accelerate efforts to scale up scientifically accurate age-appropriate comprehensive education, relevant to cultural contexts, that provides adolescent girls and boys, young women and men, in and out of school, consistent with their evolving capacities, and with appropriate direction and guidance from parents and legal guardians, with information on sexual and reproductive health, gender equality and women’s empowerment, human rights, physical, psychological and pubertal development and power in relationships between women and men, to enable them to build self-esteem and informed decision-making, communication and risk reduction skills and develop respectful relationships, in full partnership with young people, parents, legal guardians, caregivers, educators and health-care providers in order to protect them from violence; 36. Expresses concern at the persistent and growing challenges to eliminating all forms of violence against children, and urges States to intensify their efforts in this regard, and in particular: (a) To adopt and strengthen, as appropriate, clear and comprehensive measures, including, where required, legislation, that seek to prevent and protect children from bullying and provide for safe and child-sensitive counselling and reporting procedures and safeguards for the rights of affected children; (b) To strengthen the capacities of schools in early detection and response to prevent and respond to bullying, including cyberbullying, in particular initiatives to mobilize support to prevent and address this phenomenon, and to ensure that children are informed of any existing public policies to secure their protection; (c) To take measures to promote constructive and positive forms of discipline and child development approaches in all settings, including the home, schools and other educational settings, and throughout care and justice systems, and to work A/RES/72/245 Rights of the child 17-23328 12/15 towards the elimination of all forms of violence against children, including violent forms of discipline; (d) 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 psychological 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; (e) To accelerate efforts to develop, review and strengthen inclusive and gender-responsive policies, including by allocating adequate resources, to address the structural and underlying causes of violence against girls, to overcome gender stereotypes and negative social norms, to encourage the media to examine the impact of gender-role stereotypes, including those perpetuated by commercial advertisements, that foster gender-based violence, sexual exploitation and inequalities, to promote zero tolerance for such violence and to remove the stigma of being a victim and survivor of violence, thus creating an enabling and accessible environment where girls can easily report incidents of violence and make use of the services available, including protection and assistance programmes; (f) To fully engage men and boys as agents and beneficiaries of change in the achievement of gender equality and the empowerment of women and girls and as allies in the prevention and elimination of violence against women and girls, including domestic violence; (g) To condemn all harmful practices that affect girls, in particular female genital mutilation, whether committed within or outside a medical institution, and to take all measures necessary, especially through educational campaigns, including enacting and enforcing legislation, to prohibit female genital mutilation and to protect girls from this form of violence, and to hold perpetrators to account; (h) To enact, enforce and uphold laws and policies aimed at preventing and ending child, early and forced marriage and protecting those at risk, to ensure that marriage is entered into only with the informed, free and full consent of the intending spouses and to amend relevant laws and policies to remove any provision that enables perpetrators of rape, sexual abuse or abduction to escape prosecution and punishment by marrying their victims; (i) To take all measures necessary to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms, on an equal basis with other children, to adopt, implement and strengthen appropriate policies and programmes designed to address their needs, with a focus on ending violence against children with disabilities, to ensure that programmes aimed at violence prevention and victim support are inclusive and accessible to children with disabilities, including by providing information in accessible formats, and to mainstream disability issues in training and information provided to professionals working on addressing violence against children; (j) To enact and enforce the necessary legislative or other measures, in cooperation with relevant stakeholders, including the private sector and the media, to prevent the distribution over the Internet of child pornography, including depictions of child sexual abuse, ensuring that adequate mechanisms are in place to enable the reporting and removal of such material and that its creators, distributors and collectors are prosecuted, as appropriate, while working towards ensuring that the opportunities provided by information and communications technologies in the lives of children, as tools for learning, socialization, expression, inclusion and fulfilment of their rights Rights of the child A/RES/72/245 13/15 17-23328 and fundamental freedoms, such as the right to education, the right to freedom of expression, the freedom to seek, receive and impart information and the right to express their views freely, are used to their fullest; (k) To ensure the legal protection of children from sexual abuse and exploitation online and to define it legally, in accordance with international human rights law and obligations, to criminalize all relevant conduct related to the sexual exploitation of children online and offline and to ensure that all those in the whole chain of individuals involved in or attempting to commit such criminal activities are held accountable and brought to justice in order to fight impunity, taking into account the multi-jurisdictional and transnational nature of child sexual exploitation and abuse perpetrated online through information and communications technologies; (l) To protect children deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment, to ensure that, if they are arrested, detained or imprisoned, children are provided with prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of their liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action, that, from the moment they are arrested, children will have the right to maintain contact with their family through correspondence and visits, save in exceptional circumstances, that no child is sentenced or subjected to forced labour or corporal punishment or deprived of access to and the provision of health care and services, hygiene and environmental sanitation, nutritious food, education, basic instruction and vocational training, access to safe, confidential, independent mechanisms to report on violence and that the conditions in such settings are regularly and effectively monitored, and to undertake prompt investigations of all reported acts of violence and ensure that perpetrators are held accountable; (m) To consider taking measures for the dissemination and implementation 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, 43 and invites relevant United Nations actors to support Member States, where appropriate, to this end through concerted efforts; (n) To improve the situation of children living in poverty, in particular extreme poverty, deprived of adequate food and nutrition, water and sanitation facilities, with limited or no access to basic physical and mental health-care services, shelter, education, participation and protection, taking into account that, while a severe lack of goods and services hurts every human being, it is particularly threatening and harmful to children, leaving them unable to enjoy their rights, to reach their full potential and to participate as a full member of society, and exposed to conditions that lead to increased violence; (o) To ensure that the best interests of the child are a primary consideration in all decisions and actions concerning children, underlining that migrant children, including undocumented and unaccompanied children, regardless of migratory status, should be rapidly assigned a legal guardian when unaccompanied and be provided with effective protection from discrimination and from violence, as well as with access to due process in all legal and administrative proceedings affecting them, including for the determination of their age and legal status, and in this context reaffirms paragraphs 66 and 67 of its resolution 71/177; (p) To devise, enforce and strengthen effective gender- and age-sensitive measures to combat and eliminate all forms of trafficking in children, including for sexual exploitation and forced labour, as part of a comprehensive anti-trafficking __________________ 43 Resolution 69/194, annex. A/RES/72/245 Rights of the child 17-23328 14/15 strategy that integrates a human rights perspective, and to draw up, as appropriate, national action plans in this regard; (q) To strengthen measures to eliminate the demand for child sex tourism and to ensure the effective protection of children from exploitation through all possible preventive actions, including legislative measures and other relevant policies and programmes; (r) To protect the child against all other forms of exploitation prejudicial to any aspect of the child’s welfare; (s) To continue to seek to prevent, respond to, investigate and prosecute violations and abuses against children in humanitarian emergencies, to strengthen support services for children affected by humanitarian emergencies, including those who have experienced violations and abuses, and to call for a more effective response in that regard; (t) To invest in the development and implementation of data systems to monitor violence against children and track progress and to promote, where possible, innovation in the area of data collection and monitoring, including using benchmarks and indicators, to ensure access to reliable disaggregated data; (u) To encourage and support the private sector, including the corporate sector, to put in place policies and processes, appropriate to their size and circumstances, that ensure that their activities do not cause or contribute to violence against and exploitation of children; (v) To support the work of the independent expert for the global study on the situation of children deprived of their liberty; IV Follow-up 37. Recalls paragraph 52 (d) of its resolution 69/157 of 18 December 2014, in which it invited the Secretary-General to commission an in-depth global study on children deprived of their liberty, to be funded through voluntary contributions, also recalls paragraph 88 of its resolution 71/177, in this regard encourages Member States and United Nations agencies, funds, programmes and offices, as well as other relevant stakeholders, to contribute to and support the elaboration of the study, and invites the designated independent expert to update Member States at its seventy-third session on the progress made and to submit a final report to the General Assembly at its seventy-fourth session; 38. Welcomes the appointment of Virginia Gamba as the Special Representative of the Secretary-General for Children and Armed Conflict, pursuant to General Assembly resolutions 51/77 and 60/231 of 23 December 2005, and recognizes the progress achieved since the establishment of the mandate of the Special Representative, as extended by the Assembly in its resolution 69/157; 39. Recognizes the work of the Office of the Special Representative of the Secretary-General for Children and Armed Conflict, its increased level of work and the progress achieved since the establishment of the mandate of the Special Representative, and, bearing in mind its resolution 63/241 of 24 December 2008 and paragraphs 35 to 37 of its resolution 51/77, recommends that the Secretary-General extend the mandate of the Special Representative for a further period of three years; 40. Decides: (a) To request the Secretary-General to submit to the General Assembly at its seventy-third session a comprehensive report on the rights of the child containing Rights of the child A/RES/72/245 15/15 17-23328 information on the status of the Convention on the Rights of the Child and on the implementation of the priority themes of the resolution entitled “Rights of the child”, adopted at its sixty-ninth to seventy-second sessions, including progress that has been achieved and challenges that still remain, taking into account information provided by Member States; (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 for Children and Armed Conflict to increase her engagement with States, United Nations bodies and agencies, regional organizations and especially subregional organizations and to increase public awareness activities, including by collecting, assessing and disseminating best practices and lessons learned, in accordance with the existing mandate; (d) 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 62/141 of 18 December 2007, including information on her field visits and on the progress achieved and the challenges remaining on the violence against children agenda; (e) To request the Special Rapporteur of the Human Rights Council on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, to continue to submit reports to the General Assembly and the 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 in the prevention and eradication of the sale of children, child prostitution and child pornography and the sexual exploitation and abuse of children, including in the context of the implementation of the 2030 Agenda, as mandated by the Council in paragraph 32 of its resolution 34/16 of 24 March 2017;44 (f) 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-third session as a way to enhance communication between the Assembly and the Committee; (g) To continue its consideration of the question at its seventy-third session under the item entitled “Promotion and protection of the rights of children”. 76th plenary meeting 24 December 2017 __________________ 44 See Official Records of the General Assembly, Seventy-second Session, Supplement No. 53 (A/72/53), chap. IV, sect. A.
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UN Project. “A/RES/72/245.” UN Project, https://un-project.org/votes/resolution/A-RES-72-245/. Accessed .