Article: 22 Refugee children
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 22 including identification and coordination of the responsible departments and agencies at all levels of government (article 22 is relevant to the departments of justice, foreign affairs, home affairs, social welfare, health, social security and education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 22 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 22, likely to include the training of social workers, teachers, port and border control officers, lawyers, interpreters, child development experts, mental health personnel and child advocates)? Specific issues in implementing article 22 Has the State ratified the Convention relating to the Status of Refugees 1951 as amended by the 1967 Protocol relating to the Status of Refugees?  Are procedures in place to determine the refugee status of children?  Do the procedures for determining refugee status take into account the special needs and rights of children, particularly when the child is unaccompanied by an adult?  Are the interviews and hearings conducted in a child-friendly environment?  Are the child's views heard or represented in these proceedings? Are unaccompanied children seeking asylum provided with legal representation?  provided with professional interpreters?  provided with decision makers experienced in child development?  given the benefit of the doubt in relation to their claim for refugee status? Are applications by child refugees and/or their parents for the purpose of family reunion treated in a positive, humane and expeditious manner?  Are unaccompanied children who are refused refugee status allowed to remain in the receiving country when to do so would be in their best interests?  Are child refugees or children seeking refugee status given special assistance and protection appropriate to all their needs and in accordance with their rights under the Convention?  Are children who have been refused refugee status but are nonetheless permitted to stay in the country entitled to the same assistance and facilities on the same basis as children with accredited status?  Are such children informed of these rights in their own language?  Are such children only deprived of their liberty as a measure of last resort and for the shortest appropriate period of time?  Are they able to challenge such deprivation of liberty in a fair hearing?  Are the conditions of detention humane and conducive to the health, self-respect, dignity and social integration of the child?  Are refugee and asylum seeking children:  accommodated in safe and habitable environments, wherever possible with their family?  in receipt of education which recognizes their culture, language and need for social integration?  provided with appropriate support and rehabilitative care for any traumas they may have suffered?  in receipt of all necessary health care?  Does the State cooperate with non-governmental organizations or international non-governmental organizations acting in association with the United Nations in respect of refugee and asylum seeking children and in particular with the United Nations High Commissioner for Refugees and the International Committee for the Red Cross?  Are all efforts made to trace family members of such children?  Do such efforts ensure that the child and the child's family members are not endangered?				Go to the main page for article 22, Refugee children Jump to indicators for these articles: Minorities and indigenous children (30)  Child labour (32) Drug abuse (33)  Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37) Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

 

 Article: 30 Children of minorities or of indigenous peoples
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 30 including identification and coordination of the responsible departments and agencies at all levels of government (article 30 is relevant to the departments of education, home affairs, social welfare, health, media and communications)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 30 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 30, likely to include the training of teachers, social workers and police)? Specific issues in implementing article 30 Are measures taken to identify population groups of children belonging to an ethnic, religious or linguistic minority or who are of indigenous origin?  Are measures taken to ensure that such children are not denied the right to enjoy their own culture in community with members of their group?  Are measures taken to ensure that such children are not denied the right to profess or practise their own religion in community with members of their own group?  Are measures taken to ensure that such children are not denied the right to use their own language in community with members of their group? Do these measures include action taken in school?  in the mass media?  when children are separated for any reason from their parents, family or community?  in legal proceedings? Where such children are taught in their mother tongue, are they also taught the majority language?  Where such children are, for whatever reason, not fluent in the language used by their minority group, are measures available for teaching them this language?  Are the provisions of the Convention, the Initial and Periodic Reports and all proceedings of and with the Committee on the Rights of the Child translated into all minority languages?  Are children's rights against interference in their culture, religion and language under this article protected and enforceable in law?  Are Government-sponsored campaigns initiated, where necessary, to combat prejudice against minorities or indigenous groups?  Have children from these groups been asked whether the measures taken under this article are appropriate or sufficient?				Go to the main page for article 30, Minorities and indigenous children Jump to indicators for these articles: Refugee children (22) Child labour (32) Drug abuse (33)  Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37) Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

Article: 32 Child labour
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 32 including identification and coordination of the responsible departments and agencies at all levels of government (article 32 is relevant to departments of employment, industry, agriculture, social welfare, education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 32 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 32, likely to include the training of all those responsible for inspection and enforcing employment legislation, teachers and social workers, and parenting education)? Specific issues in implementing article 32 Has the State launched or promoted information campaigns for children themselves on the measures of protection they can benefit from and the risks involved in situations of economic exploitation?  for the public, including training activities for professional groups working with or for children, to help achieve effective protection of children against economic exploitation?  for employers and potential employers? Does legislation, policy and practice in the State protect children from economic exploitation? Performing any work which is hazardous?  interferes with the child's education?  is harmful to the child's health or physical, mental, spiritual, moral or social development?  involves cruel, inhuman or degrading treatment, the sale of children or servitude?  involves activities in which the child is used for legally punishable criminal acts, such as trafficking in drugs or prohibited goods?  is incompatible with the realization of other rights in the Convention? Has the State ratified ILO Convention No. 138 on minimum ages for admission to employment?  ratified ILO Convention No. 29 on forced labour?  considered the implication for law, policy and practice of ILO Recommendation No. 146? If not, is the State considering these actions?  Has the State defined in legislation a minimum age for employment that is equal to the age of completion of compulsory education and not less than 15?  Has the State considered adjusting the periods of compulsory education with any seasonal patterns of work for families?  Has the State defined in legislation 18 as the minimum age for admission to any type of employment or work that by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons?  Has the State defined in legislation or by the decision of a competent authority the types of employment or work to which this minimum age of 18 applies? Has the State defined in legislation limited exemptions Prescribing the conditions under which children are allowed to do work in schools or other training institutions for general, vocational or technical education?  enabling those aged 14 and over to do work as an integral part of a course of education or training (consistent with the conditions set out in article 6 of ILO Convention No.138)?  defining any forms of "light work" which 13- to 15-year-olds are permitted to perform, which are not likely to be harmful to health or development or prejudice to their education?  defining hours and conditions for employment or work, if permitted, for those who are at least 15 but have not completed compulsory schooling?  allowing limited employment or work for such purposes as participation in artistic performances, through a system of permits granted in individual cases (as set out in ILO Convention No.138 article 8)?  defining hours and conditions for employment of children in all cases in which employment or work is permitted? Has the State ensured adequate arrangements for medical examinations in connection with child employment? In relation to effective enforcement of its legislation on child labour, has the State ensure through legislation and otherwise adequate inspection of situations of work or employment?  adequate access for children to effective complaints procedures?  appropriate penalties or other sanctions for non-compliance?  adequate record-keeping and reporting in relation to any employment of children?  the collection of adequate disaggregated data?  that the persons responsible for compliance with provisions concerning child labour are defined? Are appropriate measures taken to reintegrate and rehabilitate victims of harmful or exploitative child labour?				Go to the main page for article 32, Child labour Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Drug abuse (33)  Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37) Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

 

 Article: 33 Children and drug abuse
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 33 including identification and coordination of the responsible departments and agencies at all levels of government (article 33 is relevant to the departments of justice, home affairs, social welfare, education, health, media and public relations)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 33 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 33, likely to include the training of community and street workers, youth workers, social workers, teachers, police, judiciary, medical and psychological professionals and parent education)? Specific issues in implementing article 33 Has the State ratified: the 1961 Single Convention on Narcotic Drugs with its 1972 amending Protocol?  the 1971 Convention on Psychotropic Drugs?  Do laws clearly prohibit the use of illicit narcotic drugs and psychotropic substances?  Do laws clearly prohibit the production and trafficking of these drugs and substances?  Does the law attach any additional penalties for drug offences committed by adults where children have been sold or given these drugs and substances or where children have been used for their production or trafficking?  Does the law prevent the sale of solvents to children without appropriate authorization from parents or other adults?  Have any surveys been undertaken to assess the scale of drug misuse among children? Has research been undertaken in relation to drug abuse and children to identify risk factors?  identify preventive strategies?  identify rehabilitative strategies? Is drug education a part of primary education curricula?  secondary education curricula?  youth and community work?  parenting education? Are treatment therapies and rehabilitative services, specifically tailored for children who abuse drugs, available in the health or social welfare sectors?  Are rehabilitative interventions, based on the best interests of the children concerned, available to parents and other family members who abuse drugs?  Are the views of children taken into account when anti-drug policies and strategies are devised?  Do legal interventions aim at rehabilitating rather than punishing children who become involved in drugs?  Do professionals and judiciary in the juvenile justice system coordinate with professionals in the health, education and social work sectors in responding to drug offences by children?  Are measures taken to protect young people in closed or locked institutions from exposure to drugs?  Are there public campaigns to discourage the use of drugs by the young?  Are such campaigns evaluated?  Are parents and other adults informed about the early symptoms of drug abuse in children and about sources of help?				Go to the main page for article 33, Drug abuse Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37) Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

 

 Article: 34 Sexual exploitation of children
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 34 including identification and coordination of the responsible departments and agencies at all levels of government (article 34 is relevant to departments of justice, law enforcement, health, social welfare, and education)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 34 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 34, likely to include the training of all those working with children and their families, teachers, social and community workers, health workers, police, judges and court officials, and parenting education)? Specific issues in implementing article 34 Has the State considered the implications for law, policy and practice of the Programme of Action of the Human Rights Commission for the Prevention of the Sale of Children, Child Prostitution and Child Pornography?  the Declaration and Agenda for Action of the 1996 World Congress against Commercial Sexual Exploitation of Children and developed a national agenda for action?  Has the State carried out and/or promoted education and information strategies against sexual exploitation of children?  Has the State ensured the dissemination of appropriate sex education and other information for children?  Has the State established an age or ages below which the child is deemed to be unable to consent to sexual activities?  Has the State defined unlawful sexual activity involving children?  Has the State introduced appropriate legislative, educational and social measures to prevent the inducement or coercion of a child to engage in any unlawful sexual activity?  Has the State ensured that the child victim of such coercion, inducement or exploitative use is not criminalized?  Has the State reviewed all measures to protect children from sexual exploitation to ensure that measures do not further abuse the child in the process of investigation and intervention? Has the State introduced appropriate legislation and/or other measures to prevent the exploitative use of children in prostitution or other unlawful sexual practices?  in pornographic performances and materials?  through access to "sex telephones"? Has the State established appropriate procedures to give children effective access to complaints procedures and to the courts in cases involving sexual abuse and exploitation, including within their family? Has the State ensured appropriate measures to protect particularly vulnerable groups, including disabled children?  domestic servants?  children in institutions, including those whose liberty is restricted? Has the State introduced legislative and/or other measures to provide child witnesses in cases involving sexual exploitation with appropriate support and protection? In relation to child pornography, is it an offence to possess it?  produce it?  disseminate it? Has the State reviewed law, policy and practice to ensure appropriate control of child pornography produced and/or disseminated through the Internet and other modern technological means?  Has the State introduced legislation and/or other appropriate measures to ensure that its nationals can be prosecuted for unlawful sexual exploitation of children in other countries?  Is there sufficient recording and reporting of disaggregated data, and other information concerning sexual exploitation of children, to provide an accurate situation analysis?  Has the State acceded to and promoted bilateral and multilateral measures to protect the child from sexual abuse and sexual exploitation?				Go to the main page for article 34, Sexual exploitation Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Drug abuse (33) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37) Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

 

Article: 35 Prevention of abduction, sale and trafficking
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 35, including identification and coordination of the responsible departments and agencies at all levels of government (article 35 is relevant to departments of justice, foreign affairs, home affairs, labour, education, social welfare and health)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 1 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 35 likely to include the training of police, social workers, adoption agencies staff and health personnel)? Specific issues in implementing article 35 Have legal and administrative measures been adopted to ensure that children abducted within the jurisdiction are found as speedily as possible and returned?  Are all forms of the sale or trafficking of children illegal, included when perpetrated by parents?  Have legal and administrative measures been adopted to ensure that children cannot be sold into any form of bonded labour?  When bonded labour is being abolished, are measures taken to nullify any debts that have led to children entering such labour?  Is the use of children for the purpose of begging an unlawful activity?  Has the State ratified or acceded to  The Hague Convention on the Protection of Children and Coopeartion in respect of Intercountry Adoption?  The Hague Convention on Civil Aspects of International Child Abduction?  The Convention for the Suppression of the Traffic in Persons and of Exploitation of the Prostitution of Others 1949?  The Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery 1956?  Does the law prohibit any form of improper financial gain from intercountry adoption?  Do all relevant State agencies, in particularly the police and welfare services, cooperate internationally in identifying and tracing all forms of cross-border trafficking in children?  Are measures taken to ensure that children who are victims of cross-border trafficking can return safely and lawfully to their country of origin?  Is there a national database of both missing children and known offenders in child trafficking?  Are measures adopted to assist the prosecution of those engaged in child trafficking outside the jurisdiction?  Does the law prohibit the sale of organs from any living child (save for regenerative tissue)?  Is it unlawful to compulsorily conscript a child (under 18 years of age) into the armed services?  Are child victims of abduction, sale or trafficking trated humanely as victims, not criminals, and provided with all appropriate forms of support and assistance?  Are children’s views on the most appropriate measures for preventing their abduction, sale and traffic given due weight?				Go to the main page for article 35, Sale, trafficking and abduction Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Drug abuse (33) Sexual exploitation (34) Exploitation (36)  Torture and deprivation of liberty (37) Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

 
 
 

 Article: 36 Protection from other forms of exploitation
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 36, including identification and coordination of the responsible departments and agencies at all levels of government (article 36 is likely to involve departments of health, social welfare, labour, media and education)?  Identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  Which does not affect any provisions which are more conducive to the rights of the child?  Which recognizes other relevant international standards?  Which involves where necessary international cooperation? (Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.) Budgetary analysis and allocation of necessary resources?  Development of mechanisms for monitoring and evaluation?  Making the implications of article 1 widely known to adults and children?  Development of appropriate training and awareness-raising (in relation to article 36 likely to include the training of media producers, employment officers, social workers, researchers, medical personnel and scientists)? Specific issues in implementing article 36 Are legal and administrative mechanisms in place to ensure that children are protected from all forms of exploitation?  Are welfare agencies empowered to intervene when there is concern that children are undertaking activities, for whatever reason, which impair their overall physical, mental, emotional, spiritual, moral and social development?  Do measures prevent the exploitation of children by the media?  Do measures prevent the use of children for all forms of research, including medical or scientific experimentation, unless appropriate consents have been obtained from the child and/or child’s parents or legal guardians?  Is all research and experimentation involving children regulated by a mandatory code of ethical practice?  Are measures taken to provide rehabilitative services for children who have suffered from any form of exploitation covered by this article?				Go to the main page for article 36, Exploitation Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Drug abuse (33) Sexual exploitation (34) Sale, trafficking and abduction (35) Torture and deprivation of liberty (37) Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

 

 Article: 37 Torture, degrading treatment and deprivation of liberty
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 37, including identification and coordination of the responsible departments and agencies at all levels of government (article 37 is relevant to departments of justice, home affairs, social welfare, immigration)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 1 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 37 likely to include the training for the judiciary, lawyers, police, all those working in the juvenile justice system and institutional care including detention, and any other forms of restriction of liberty) Specific issues in implementing article 37 Is the prohibition of torture and all other cruel, inhuman or degrading treatment or punishment included in legislation specifically applying to all children in the jurisdiction?  Is torture defined in this legislation?  Are there no exceptions allowed to this legislation under any circumstances?  Is capital punishment prohibited in legislation for offences committed by children below the age of 18?  Is life imprisonment without the possibility of release not available in any circumstances for under-18-year-olds?  Are indefinite or indeterminate sentences not available in any circumstances for under-18-year-olds? Is any form of corporal punishment prohibited in legislation and not used for under-18-year-olds  as a sentence of the courts or a punishment in penal institutions?  as a punishment in schools?  as a punishment in any other institutions including children?  as a punishment in any forms of alternative care?  as a punishment within the family?  Is solitary confinement of children prohibited under all circumstances?  Has the State initiated or promoted awareness-raising and information campaigns to protect children form torture and other cruel, inhuman or degrading treatment?  Has the State ratified the Convention against Torture and Other Cruel, inhuman or Degrading Treatment or Punishment?  Arrest Are all under-18-year olds treated as children within the justice system? Does legislation, policy and practice ensure that arrest of children is used only as a measure of last resort?  for the shortest appropriate period of time? Is there a minimum age below which a child  cannot be arrested?  cannot be detained prior to arrest by police or other authorities? Do legislation and other measures in the State ensure that any detention of a juvenile prior to arrest is  only used as a measure of last resort?  for the shortest appropriate period of time?  Deprivation of liberty following arrest Is there a defined maximum period for detention of a child following arrest without a court hearing at which the detention can be challenged?  Is there a minimum age below which a child cannot be detained following arrest and prior to court hearing? Does legislation ensure that any detention of a juvenile following arrest is a measure of last resort?  for the shortest appropriate time?  Pre-trial deprivation of liberty  Does legislation ensure that any pre-trial detention of a child is  a measure of last resort?  for the shortest appropriate time?  Is there a minimum age below which a child cannot be detained prior to a trial?  Does legislation ensure that children detained pre-trial are separated from convicted children?  Are alternative measures available to prevent pre-trial detention of children whenever possible? Deprivation of liberty as a sentence of the courts Is there a minimum age at which a sentence of imprisonment may be imposed on a child?  Are there no other arrangements that allow for the restriction of liberty of children who are alleged as, accused of or recognised as having committed certain crimes below this minimum age?  Do safeguards exist to ensure that sentences of imprisonment, or sentences that involve the restriction of liberty of a child, are used only  as a measure of last resort?  for the shortest appropriate time? Restriction of liberty other than as a sentence of the courts Is all other legislation permitting the restriction of liberty of under-18-year-olds consistent with article 37 and other articles, wherever such restriction occurs, including  in the criminal/juvenile justice system?  in the welfare system?  in the education system?  in the health system including mental health?  in relation to asylum-seeking and immigration?  in any other circumstances whatsoever?  In each case, does the legislation define a minimum age below which no child (boy/girl) may have his or her liberty restricted?  In each case, does the legislation ensure that any detention outside the penal system is a measure of last resort?  for the shortest appropriate period of time?  not for an indeterminate period of time?  Is there restriction of liberty of children in circumstances not set out in the legislation?  Does legislation exist to prevent arbitrary restriction of liberty of children in  State-provided institutions and services?  other institutions and services?  Does legislation exist to limit deprivation of liberty of children by parents/guardians/foster parents, and so forth?  Conditions in detention (see also detailed standards in the United Nations Rules for the Protection of Juveniles Deprived of their Liberty) Have the United Nations Rules for the Protection of Juveniles Deprived of their Liberty been incorporated into legislation applying to all situations of deprivation of liberty?  Is there effective inspection and monitoring of all institutions in which children be deprived of their liberty?  Is the right of the child deprived of liberty to a periodic review of his or her situation and treatment set out in legislation?  Are the details of any restriction of liberty of any child appropriately registered, reported and recorded?  Is disaggregated data available on all children deprived of liberty?  Do all children deprived of liberty have access to effective complaints procedures concerning all aspects of their treatment?  Separation from adults  Are children always separated from adults in detention unless it is considered not to be in the child’s best interest  prior to arrest?  following arrest?  pre-trial?  following sentence by a court?  in the health, including mental health, system?  in the welfare system?  in relation to asylum-seeking and immigration?  in any other situation?  Contacts with family while detained  Is the right of the child deprived of liberty to maintain contact with his or her family through correspondence and visits set out in the legislation?  Are any restrictions on this right limited to exceptional circumstances?  In case of any restrictions, does the child concerned have a right of appeal to an independent body?  Access to legal and other assistance  Does the child deprived of liberty have the right to prompt legal and other appropriate assistance  When detained prior to arrest?  On arrest?  When detained pre-trial?  When detained following a sentence of the courts?  When deprived of liberty in any other circumstances?  Arrangements to challenge restriction liberty  Does every child deprived of liberty have the right to challenge the deprivation of liberty before a court or some other competent authority  When detained before arrest?  When detained following arrest?  When sentenced to be detained?  When their liberty is restricted in other circumstances?  In the case of such challenges of restriction of liberty, does legislation guarantee the child a prompt decision, within a defined period of time?				Go to the main page for article 37, Torture and deprivation of liberty Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Drug abuse (33) Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Armed conflict (38) Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

Article: 38 Protection of children affected by armed conflict
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 38, including identification and coordination of the responsible departments and agencies at all levels of government ( article 38 is relevant to departments of defence, foreign affairs, home affairs, education, social welfare)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 1 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 38 likely to include the training for all members of armed forces, including peacekeeping forces, social workers, aid workers, psychologists and health workers)? Specific issues in implementing article 38 Has the State ratified/acceded to The four Geneva Conventions of 1949?  Additional Protocol 1?  Additional Protocol 2?  Other international instruments relevant to the protection of children affected by armed conflict? Has the State taken appropriate steps to ensure that children under the age of 15 do not take a direct part in hostilities?  Has the State taken appropriate steps to ensure that children under the age of 18 do not take a direct or indirect part in hostilities?  Has the State ensured that no child under the age of 18 is conscripted into the armed forces? Has the State adopted legislation and other appropriate measures to prevent the recruitment of children who have not attained the age of 15 into the armed forces?  to give priority to the oldest in recruiting any child under the age of 18?  to prevent the recruitment of any child under 18 into the armed forces? Has the State taken measures to prohibit and prevent the recruitment of any child under the age of 18 by non-government forces?  Has the State ensured that military schools do not recruit students below tha age of 18?  Has the State ensured that any military schools which do recruit students below the age of 18 are supervised by the ministry of education rather than of defence?  Has the State ensured that military schools respect the aims for education set out in article 29 of the convention?  Has the State taken all feasible measures to ensure protection and care of all children affected by armed conflict?  Has the State reviewed and taken appropriate action on the recommendations of the study on the Impact of Armed Conflict on Children?  In relation to article 38(4) of the Convention, has the State taken national, bilateral and international action to protect children from anti-personnel mines?  Has the State signified its intention to ratify the Optional Protocol to the Convention on involvement of children in armed conflicts?				Go to the main page for article 38, Armed conflict Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Drug abuse (33) Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37)  Rehabilitative care (39) Juvenile justice (40) To view indicators for other articles, click here.

 

 Article: 39 Rehabilitation of child victims
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 39, including identification and coordination of the responsible departments and agencies at all levels of government (article 39 is relevant to departments of social welfare, health, employment, justice, defence, foreign affairs)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 39 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 1 likely to include the training of all those responsible for child protection, teachers, social workers, and health workers)? Specific issues in implementing article 39 Does the State ensure that appropriate rehabilitative measures, consistent with article 39, are taken to promote physical and psychological recovery and social reintegration of all children within its jurisdiction who are victims of any form of neglect?  violence or abuse?  sexual abuse?  sexual exploitation?  drug abuse?  economic exploitation?  sale or trafficking?  torture?  any other form of cruel, inhuman or degrading treatment or punishment?  armed conflicts? Does the State ensure appropriate recovery and social integration for children involved in the juvenile justice system?  Has the State taken appropriate measures to ensure that compensation is available for child victims?  Has the State reviewed the environment in which such recovery and reintegration takes place in each case to ensure that it fosters the health, self-respect and dignity of the child?  Has the State ensured that there is respect for the views of the child victims in planning and implementing programmes for recovery and reintegration, including in individual cases?				Go to the main page for article 39, Rehabilitative care Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Drug abuse (33) Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37)  Armed conflict (38) Juvenile justice (40) To view indicators for other articles, click here.

 

Article: 40 Administration of juvenile justice
 
 
 

	Yes	Yes But	No
General Measures of Implementation Have appropriate general measures of implementation been taken in relation to article 40, including identification and coordination of the responsible departments and agencies at all levels of government (article 40 is relevant to the departments of justice, home affairs, social welfare, education, health)?  identification of relevant non-governmental organisations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all jurisdiction?  adoption of a strategy to secure full implementation?  which includes where necessary the idea of identification of goals and indicators of practice?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 40 widely known to adults and children?  Development of appropriate training and awareness-raising (in relation to article 40 likely to include the training of the judiciary, lawyers, police, and all others working in the juvenile justice system, and in support systems of diversion and prevention)? Specific issues in implementing article 40 Does legislation, policy and practice in the State uphold the right of every child in the jurisdiction alleged as, accused of or recognised as having infringed the penal law to be treated in a manner which  is consistent with the promotion of the child’s sense of dignity and worth?  reinforces the child’s respect for fundamental human rights and for the fundamental freedom of others?  takes into account the child’s age?  takes into account the desirability of promoting the child’s reintegration?  takes into account the desirability of the child assuming a constructive role in society? In planning its system of juvenile justice, has the State had regard to the relevant United Nations rules and guidelines and to other relevant international instruments?  Does legislation ensure that children cannot come into the criminal justice system because of acts or omissions that were not prohibited by national or international law at the time they were committed? Does legislation, policy and practice in the State guarantee to any child alleged as or accused of having infringed the penal law the right to be presumed innocent until proved guilty according to the law? to be informed of the charges against him or her promptly?  directly  if appropriate through parents and guardians? in the preparation and presentation of his defence, to have appropriate  legal assistance?  other assistance? to have the matter determined without delay?  by a competent and impartial authority or judicial body?  in a fair hearing (according to international instruments , including the “Beijing Rules”)?  in the presence of legal and other appropriate assistance?  in the presence- unless judged not to be in the child’s best interest, and taking account of the child’s age or situation – of parents or legal guardians?  in the child’s own presence?  not to be compelled to give testimony?  to confess guilt? to be able  to examine or have examined adverse witnesses?  to obtain the participation and examination of witnesses on his or her behalf under conditions of equality? if considered to have infringed the criminal law, to have a review by a higher, competent, independent and impartial authority or judicial body according to law, of  the decision?  any measures imposed in consequence thereof?  to have the free assistance of an interpreter if the child cannot understand or speak the language used?  to have his or her privacy fully respected at all stages of the proceedings? Are hearings involving children open to  the public?  representatives of the press? Are there appropriate limits on press reporting of such hearings and their results?  Does legislation ensure that there are no circumstances in which the identity of a child alleged as, accused of or recognised as having infringed the penal law can be disclosed?  Is there a system of juvenile justice in the State distinctive from that relating to adults?  Are all children up to 18 years of age alleged as, accused of or recognised as having infringed the penal law in the jurisdiction, without exception, dealt with through the system of juvenile justice? Does the juvenile justice system include, specifically for such children, distinct laws?  procedures?  authorities?  institutions?  disposals? Is a minimum age defined in law below which children are presumed not to have the capacity to infringe the criminal law?  If such an age is defined, are there no circumstances in which a child below that age can be alleged as , accused of or recognised as having infringed the criminal law?  Does legislation, policy and practice provide measures for dealing with children alleged as , accused of or recognised as having infringed the penal law without resorting to judicial proceedings?  If so, do safeguards exist for the child who believes him/herself to be innocent? Are a variety of dispositions available, such as  care orders?  guidance and supervision orders?  diversion to mental health treatment?  victim reparation/restitution?  counselling?  probation?  foster care?  education?  vocational training courses?  any other alternatives to institutional care? Does legislation, policy and practice ensure that children are dealt with in a manner appropriate to their well-being? proportionate to their circumstances?  the offence?				Go to the main page for article 40, Juvenile justice Jump to indicators for these articles: Refugee children (22)  Minorities and indigenous children (30) Child labour (32) Drug abuse (33) Sexual exploitation (34) Sale, trafficking and abduction (35) Exploitation (36)  Torture and deprivation of liberty (37)  Armed conflict (38) Rehabilitative care (39)  To view indicators for other articles, click here.