About Children's Rights - 43-54.How the Convention works

Ariticle43-54How the Convention works

Articles 43 to 54 set out how the governments of States Parties, the United Nations, and other bodies will function to protect the rights of the child as recognized in this Convention. The following is a summary of these articles.

Article 43

For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided.
The Committee shall consist of eighteen experts of high moral standing and recognized competence in the field covered by this Convention.1/ The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems.
The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.
The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention.
The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting.
If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.
The Committee shall establish its own rules of procedure.
The Committee shall elect its officers for a period of two years.
The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.
With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.

Article 43 provides for the establishment of the Committee on the Rights of the Child. The committee is established to monitor whether States Parties are fulfilling their obligations under the Convention. The committee consists of 10 experts serving as officers as individuals, rather than as representatives of a state or institution. Committee members are elected at meetings of States Parties to ensure that they are not biased toward any particular region or legal system, and they serve four-year terms. The expenses of the Committee are paid from the regular financial resources of the United Nations.

Article 44

States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights (a) Within two years of the entry into force of the Convention for the State Party concerned; (b) Thereafter every five years.
Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.
A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.
The Committee may request from States Parties further information relevant to the implementation of the Convention.
The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.
States Parties shall make their reports widely available to the public in their own countries.

Article 44 sets out the reporting obligations of States Parties. States parties shall report regularly to the Committee on the Rights of the Child on the situation relating to the rights of the child, the measures implemented for the rights of the child recognized in the Convention, and the implementation of the Convention, as well as the progress in the enjoyment of the rights of the child. It also stipulates that the Committee on the Rights of the Child shall report on its activities to the UN General Assembly every two years.

Article 45

In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:

The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;
The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee's observations and suggestions, if any, on these requests or indications;
The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;
The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.

Article 45 requires the Committee on the Rights of the Child to work in partnership and cooperation with specialized agencies of the UN, UNESCO, other UN agencies, and "other competent bodies." International NGOs are treated as "other competent bodies". The above-mentioned bodies can be represented in the review of the implementation of the Convention, can give advice and reports at the request of the Committee, and can give advice and assistance to States Parties through the transmission of the Committee's observations and suggestions to the States Parties. Through these activities, the Committee can check the reports of governments and their implementation of the obligations set out in the Convention, and make suggestions and general recommendations.

Article 46

The present Convention shall be open for signature by all States.

Article 46 states that this Convention is open for signature by all States.

Article 47

The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 47 stipulates that the Convention must be ratified and that the instrument of ratification shall be deposited with the Secretary-General of the United Nations.

Article 48

The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 48 provides that all States may accede to this Convention.

Article 49

The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.

Article 49 provides for the entry into force of the Convention. Specifically, the Convention enters into force on the date 30 days after the 20th instrument of ratification or accession is deposited with the Secretary-General of the United Nations.

Article 50

Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval.
An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.
When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted.

Article 50 provides that all States Parties to the Convention may propose amendments to the Convention, as well as the specific procedures and conditions for approval of amendments. Even if an amendment is approved, the amendment is binding only on the State Parties that have accepted the amendment; the other States Parties are subject to the provisions of the Convention.

Article 51

The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.
A reservation incompatible with the object and purpose of the present Convention shall not be permitted.
Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General.

Article 51 provides for reservations.

Article 52

A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.

Article 52 provides for the denunciation of the Convention. A State Party may denounce a treaty by written notification to the Secretary-General of the United Nations, and the denunciation becomes effective one year after the date of receipt of the notification.

Article 53

The Secretary-General of the United Nations is designated as the depositary of the present Convention.

Article 53 provides for the depositary of the Convention. The Secretary-General of the United Nations is designated as the depositary of this Convention.

Article 54

The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

Article 54 states that the Convention is to be authenticated equally in Arabic, Chinese, English, French, Russian, and Spanish and that the original shall be deposited with the Secretary-General of the United Nations.

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