Statute on the Rights of the Child

Short Title: Child Rights Act

Preamble

Considering that, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the Earth have, in the numerous national, international and global instruments, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person and have determined to promote social progress and better standards of life in larger freedom,

Recognizing that the Universal Declaration of Human Rights and the International Covenants on Human Rights, proclaim and agree that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Recalling that, in the Universal Declaration of Human Rights has proclaimed that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

Considering that the child should be fully prepared to live an individual life in society and brought up in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the United Nations General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth,

Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict,

Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions and that affected children need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,

Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,

This eighth session of the Provisional World Parliament, meeting at City Montessori School, Lucknow (laureate of the UNESCO Peace Prize and venue of the International Conference of Chief Justices of the World), hereby adopt this Statute on the Rights of the Child

Part I

Article 1

• A child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.
  • Earth Federation representatives and agents, other governments, and all persons are accountable to this Statute.
  • For this Statute, a custodian means any Earth Federation representative or agent, other government representative or agent, and any person who might reasonably be expected to be responsible for the health and well being of a child. Custodians include parents, law enforcement officials, teachers, the legal guardians, adult members of the extended family or community as provided for by local custom, and other persons legally responsible for the child.

Article 2

• Custodians shall respect and ensure the rights set forth in the present Statute to each child within their jurisdiction without discrimination of any kind, irrespective of the childs or childs parents or legal guardians race, colour, sexual orientation, gender, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
  • Custodians shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 3

• In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child is a primary consideration.
  • Custodians shall undertake to ensure adequate protection and care for the child's well-being, taking into account the rights and duties of the parents, legal guardians, or other individuals legally responsible for the child, and shall take all appropriate legislative and administrative measures.
  • Institutions, services and facilities responsible for the care or protection of children shall conform with the standards recommended by competent authorities and approved by the World Parliament, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Article 4

• Custodians shall undertake all appropriate legislative, administrative and other measures for the protection and implementation of the rights recognized in the present Statute. With regard to economic, social and cultural rights, custodians shall undertake such measures to the maximum extent of their available resources and, if necessary, within the framework of international co-operation.

Article 5

• Custodians shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Statute.

Article 6

• Every child has the inherent right to life.
  • Custodians shall ensure to the maximum extent possible the survival and development of the child.

Article 7

• The parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other custodians legally responsible for the child shall register the child immediately after birth. The child has the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by the parents.
  • Custodians shall ensure the implementation of these rights in accordance with world law, the respective national law and obligations under the relevant international and world instruments in this field, in particular where the child would otherwise be stateless.

Article 8

• Custodians shall respect the right of the child to preserve the child's identity, including nationality, name and family relations as recognized by law without unlawful interference.
  • If a child is illegally deprived of some or all of the elements of identity, custodians, shall provide appropriate assistance and protection, with a view to re-establishing speedily the identity.

Article 9

• FAILURES TO SOLVE GLOBAL PROBLEMS
  • Custodians shall ensure that a child is not separated from any of the parents or siblings against the child's, parents' or sibling's will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that separation is necessary for the best interests of the child.
  • Custodians shall ensure that a child is not separated against will from a grandparent, the legal guardians, other adult members of the extended family or community as provided for by local custom, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that separation is necessary for the best interests of the child.
  • Determination may be necessary in a particular case, such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.
  • In any proceedings pursuant to Article 9., paragraph 1 or 2 of the present Statute, all interested parties may participate and testify in the proceedings to express views.
  • Custodians shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
  • Where separation results from any action initiated by a custodian, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that respective custodian shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. Custodians shall further ensure that the submission of a request entails no adverse consequences for the person(s) concerned.

Article 10

• In accordance with the obligation of custodians under article 9.1 and 9.2 , custodians shall respond to applications by a child or child's parents or family to change residence to anywhere in the world for the purpose of family reunification in a positive, humane and expeditious manner. Custodians shall further ensure that the submission of requests entail no adverse consequences for the applicants and for family members.
  • A child whose parents reside in different States has the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of custodians under article 9.1 and 9.2, custodians shall respect the right of the child and his or her parents to leave or enter any country.. The right to leave or enter any country is subject only to such restrictions as are prescribed by world law and that are necessary to protect the world security, public order (ordre public), public health or safety or the rights and freedoms of others and are consistent with the other rights recognized in the present Statute.

Article 11

• Earth Federation representatives, agents and States Parties to the Earth Constitution shall combat the illicit transfer and non-return of children abroad.
  • Family members have the right to challenge decisions of lower courts by the World Court System. If feasible and suitable, the world court shall try trans-jurisdictional appeals in a Civil Bench of the World Court.
  • Illicit transfer and non-return of children for the purpose of slavery or prostitution is unlawful. (Class 5 felony). The Enforcement System may bring additional charges if prostitution has been consummated (class 7 felony).

Article 12

• Earth Federation representatives, agents and States Parties to the Earth Constitution shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
  • For this purpose, Earth Federation representatives, agents and States Parties to the Earth Constitution shall in particular provide the child opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of world and national law.

Article 13

• The child has the right to freedom of expression; this right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.
  • Expression may be subject to restrictions for the protection of the rights of other people, but restrictions may only be such as are provided by law and as are necessary:
    • For respect of the rights or reputations of others; or
    • For the protection of world security or of public order (ordre public), or of public health or morals.

Article 14

• Earth Federation representatives, agents and States Parties to the Earth Constitution shall respect the right of the child to freedom of thought, conscience and religion.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall respect the rights and duties of the parents and, if applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.
  • Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 15

• Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution must not place any restrictions on the exercise of these rights other than those imposed in conformity with the law and that are necessary in a democratic society in the interests of world security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 16

• Earth Federation representatives, agents and States Parties to the Earth Constitution must not subject any child to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.
  • The child has the right to the protection of the law against such interference or attacks.

Article 17

• Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national, international and world sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, Earth Federation representatives, agents and States Parties to the Earth Constitution shall:
  • Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;
  • Encourage international co-operation in the production, exchange and dissemination of information and material from a diversity of cultural, national, international and global sources;
  • Encourage the production and dissemination of children's books;
  • Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;
  • Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.

Article 18

• Earth Federation representatives, agents and States Parties to the Earth Constitution shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child are properly the parents' or legal guardians basic concern.
  • For the purpose of guaranteeing and promoting the rights set forth in the present Convention, Earth Federation representatives, agents and States Parties to the Earth Constitution shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

Article 19

• Earth Federation representatives, agents and States Parties to the Earth Constitution shall 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.
  • Protective measures shall, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20

• This Act entitles a child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, to special protection and assistance provided by the Earth Federation or the child's national state.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall in accordance with world law and national laws ensure alternative care for such a child.
  • Alternative care may include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, the placement agency shall pay due regard to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.

Article 21

• States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child are the paramount consideration. Earth Federation representatives, agents and States Parties to the Earth Constitution shall:
  • Ensure that only competent authorities permit the adoption of a child. The competent authority must determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, whether the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counseling as may be necessary;
  • Recognize that a competent placement authority may consider inter-country adoption as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in an optimum, suitable manner be cared for in the child's country of origin; (c) Ensure that the child of inter-country adoption enjoys safeguards and standards at least equivalent to those existing in the case of national adoption;
  • Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in inter-country adoption;
  • Promote, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or placement agencies.

Article 22

• Earth Federation representatives, agents and States Parties to the Earth Constitution shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures. shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in this Statute and in other international human rights or humanitarian instruments to which the States are Parties.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall take appropriate measures to ensure that a child, who is internationally lost or inadvertently separated from family, receives appropriate protection and humanitarian assistance, including assistance to reunite the family.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the Earth Federation to protect and assist a child and to trace the parents or other members of the family of any refugee child or internationally lost child to obtain information necessary for reunification with the refugee or lost child's family. In cases where no parents or other members of the family can be found, the Earth Federation representatives, agents and States Parties to the Earth Constitution shall accord the child the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in this Statute.

Article 23

• Earth Federation representatives, agents and States Parties to the Earth Constitution recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and facilitate the child's active participation in the community.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and to those responsible for the disabled child's care, of assistance for which application is made and that is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.
  • Recognizing the special needs of a disabled child, Earth Federation representatives, agents and States Parties to the Earth Constitution shall provide assistance, extended in accordance with paragraph 2 of the present article, free of charge, if possible, taking into account the financial resources of the parents or others caring for the child. Earth Federation representatives, agents and States Parties to the Earth Constitution shall design assistance to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including the child's cultural and spiritual development
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, Earth Federation representatives, agents and States Parties to the Earth Constitution shall take particular account of the needs of developing countries.

Article 24

• Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. Earth Federation representatives, agents and States Parties to the Earth Constitution shall strive to ensure that no child is deprived of his or her right of access to such health care services.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall pursue full implementation of this right and, in particular, shall take appropriate measures:
    • To diminish infant and child mortality;
    • To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;
    • To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;
    • To ensure appropriate pre-natal and post-natal health care for mothers;
    • To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;
    • To develop preventive health care, guidance for parents and family planning education and services.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution undertake to promote and encourage international co-operation with a view to achieving progressively the full protection of the right recognized in the present article. In this regard, Earth Federation representatives, agents and States Parties to the Earth Constitution shall take particular account of the needs of people in developing countries.

Article 25

• Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to the child's placement.

Article 26

• The Earth Federation and States Parties to the Earth Constitution recognize for every child the right to benefit from social security, including social insurance and shall take the necessary measures to achieve the full realization of this right in accordance with their world law and national law.
  • Earth Federation agencies shall grant benefits, if appropriate, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.

Article 27

• The Earth Federation and States Parties to the Earth Constitution recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.
  • The parent(s) or other custodians responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.
  • The Earth Federation and States Parties to the Earth Constitution, in accordance with world and national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to protect this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child. In particular, where the person having financial responsibility for the child lives in a State different from that of the child Earth Federation representatives and agents shall seek recovery from the parents or other persons of financial responsibility at a world federal level.

Article 28

• The Earth Federation and States Parties to the Earth Constitution recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, the Earth Federation representatives and agents, and States Parties to the Earth Constitution shall, in particular:
  • Make primary education compulsory to government and available free to all;
  • Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
    • Make higher education accessible to all on the basis of capacity by every appropriate means;
    • Make educational and vocational information and guidance available and accessible to all children;
    • Take measures to encourage regular attendance at schools and the reduction of drop-out rates.
    • Include supportive provisions for both public and private schools, to include home schooling programs.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Statute.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.
  • Education programs shall meet at least the minimum standards as set by the World Parliament.

Article 29

• The Earth Federation and States Parties to the Earth Constitution agree that the education of the child shall direct to:
  • The development of the child's personality, talents and mental and physical abilities to their fullest potential;
    • The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Earth Constitution and other international and national declarations of rights.
    • The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which the child originates, and for different civilizations
    • The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; 29.1.5. The development of respect for the natural environment.
  • Earth Federation representatives, agents and States Parties to the Earth Constitution and other custodians must not construe any part of the present article or article 28 to interfere with the liberty of individuals and organizations to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article 29 and to the requirements that the education given in educational institutions must conform to at least minimum standards as may be laid down by the World Parliament.

Article 30

• Earth Federation representatives, agents and States Parties to the Earth Constitution and other custodians must not deny the right of the child, in community with other members of the child's group, to enjoy the child's own culture, to profess and practice the child's own religion, or to use the child's own language. This provision counts particularly in States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, and to a child belonging to a minority or an indigeneous child.

Article 31

• The Earth Federation and States Parties to the Earth Constitution recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
  • Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 32

• The Earth Federation and States Parties to the Earth Constitution recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
  • The Earth Federation and States Parties to the Earth Constitution shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end and having regard to the relevant provisions of other international instruments, The Earth Federation and States Parties to the Earth Constitution shall in particular:
    • Develop and provide a minimum age or minimum ages for admission to employment;
    • Develop and provide for appropriate regulation of the hours and conditions of employment;
    • Conditions of employment shall include provisions that provide for at least a minimum sustenance, the minimum wage as determined by the World Parliament.
    • Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Article 33

• Administering non-prescribed narcotic drugs or psychotrophic substances, or supplying these to children if within reason the child might be expected to self-administer the narcotic drug or psychotrophic substance, is unlawful. (class 4 felony).
  • This Statute prohihits the use of children in the production and trafficking of illicit substances. (class 3 felony).
  • Custodian administration of common, medically-appropriate, analgesic substances in recommended dosage is not illicit, and is exempt from the provisions of this Article.
  • The Earth Federation and States Parties to the Earth Constitution shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties.

Article 34

• The Earth Federation and States Parties to the Earth Constitution undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall in particular take all appropriate national, bilateral, ,multilateral measures and global measures to prevent sexual abuse:
  • The inducement or coercion of a child to engage in any unlawful sexual activity is unlawful (class 7 felony);
  • The exploitative use of children in prostitution or other unlawful sexual practices is unlawful (class 7 felony);
  • Child Pornography means the portrayal of a real child engaging in sexual activity, with the portrayal intended to sexually excite the viewer, whether the portrayal is created for sexual satisfaction or remunerative purposes. The exploitative use of children in pornographic performances and materials is unlawful (class 6 felony).

Article 35

• The Earth Federation and States Parties to the Earth Constitution shall take all appropriate national, bilateral, multilateral and global measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form. Abduction of, the sale of or traffic in children is unlawful (class 4 felony).

Article 36

• Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

Article 37

• Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians recognize that:
  • Torture is unlawful (class 7 felony. See WLA#19, Elements 7 (1) (f)).
    • Cruel, inhumane or degrading treatment or punishment. is unlawful (class 5 felony. See WLA#19 Elements 7 (1) (k) ).This statute recognizes the child's right to be protected from genital mutilation. Involuntary sexual mutilation to a person, including any person less than 18 years of age, is a crime against humanity of sexual violence. (Class 5 felony, WLA19-Elements 7.1.g.). This Act does not prohibit self-imposed genital mutilations of persons 18 and above, whether for religious or other personal convictions. This Act does not prohibit genital surgery for bona fide medical necessity.
    • Earth Federation representatives, agents, States Parties to the Earth Constitution must impose neither capital punishment nor life imprisonment without possibility of release for offences committed by persons below eighteen years of age at the time of the offence (Execution without due process-Class 7 felony);
  • Earth Federation representatives, agents, and States Parties to the Earth Constitution may arrest, detain or imprison a child only in conformity with the world law or respective national law, when the respective national law is not in conflict with world law. Earth Federation representatives, agents, States Parties to the Earth Constitution may only arrest, detain or imprison a child as a measure of last resort and for the shortest appropriate period of time; Earth Federation representatives, agents, States Parties to the Earth Constitution and custodians may not unlawfully or arbitrarily deprive any child of liberty.
  • Earth Federation representatives, agents, States Parties to the Earth Constitution and custodians shall treat every child deprived of liberty with humanity and respect for the inherent dignity of the human person and in a manner that takes into account the needs of persons of the child's age. In particular, Earth Federation representatives, agents, States Parties to the Earth Constitution and custodians shall separate every child deprived of liberty from incarcerated adults unless a respective court considers the child's best interest is to keep the child with a particular incarcerated adult or adults. The child has the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
  • Every child deprived of his or her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of the child's liberty before a court or other competent, independent and impartial authority and to a prompt decision on any deprivation.

Article 38

• Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts that are relevant to the child.
  • Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.
  • Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall refrain from recruiting any person who has not attained the age of fifteen years into armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall endeavour to give priority to those who are oldest.
  • In the case of persons fifteen years old but who have not attained the age of eighteen, who express an interest in working for the enforcement system of the Earth Federation, the training program of the Department for which the person seeks employment shall administer an entrance exam, to determine whether the applicant is of character, mind and body to participate in the department. The training program shall include an apprenticeship academy in which, if accepted, the applicant may train in civil law enforcement until at least the applicant's eighteenth birthday. If successful in the apprenticeship academy, the enforcement system may encourage the applicant to seek higher education in the field of law enforcement. 38.5. Conscription is unlawful. Conscription of a minor is unlawful (from World Legislative Act 19.2.21.) (Conscription -19.2.21.3) Resulting in death or permanent injury of a conscripted minor-(Class 4 felony-19.2.21.4.) If no known death or permanent injury of a conscripted minor-(Class 3 felony). 38.6. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.

Article 39

• Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Recovery and reintegration shall take place in an environment that fosters the health, self-respect and dignity of the child.

Article 40

• This Act recognizes the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
  • To this end and having regard to the relevant provisions of international instruments, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall, in particular, ensure that:
    • No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national , international or world law at the time they were committed;
    • Every child alleged as or accused of having infringed the penal law has at least the following guarantees:
      • To be presumed innocent until proven guilty according to law;
      • To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;
      • To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
      • Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;
      • If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;
      • 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.
      • The child has all the rights recognized under the Earth Constitution, recognized under World Legislative Act Number 15, for the World Bench for Human Rights Cases, and under other international and national documents of rights recognitions.
  • Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law,. In particular, and if appropriate, the Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall promote measures for dealing with children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected
  • A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.
  • The provisional World Parliament presumes that children who have not yet attained the age of fourteen do not have the capacity to infringe the penal law. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall treat underage children who have allegedly committed criminal actions, with appropriate care, supervision, and counselling, if feasible and appropriate. Care may include alternatives to institutionalized care.

Article 41

• Nothing in the present Statute shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in:
  • The law of a State party to the Earth Constitution; or
  • International law in force for that State Party.

Article 42

• This Statute recognizes the right of children and right of future generations of children, to inherit a safe and healthy ecology. (Editor's Note: Original Articles 42 through 45 have been re-numbered Articles 43 through 46, to accommodate the addition of new Article 42 at the eighth session of provisional World Parliament. Old Articles 46 through 48 were stricken as unconstitutional. Hence the skip of correspondence of enumeration old-with-new in following articles.)

Part II

Article 43

• Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians undertake to make the principles and provisions of the Statute widely known, by appropriate and active means, to adults and children alike.

Article 44

• For the purpose of examining the progress made by original States Parties in achieving the realization of the obligations undertaken in the present Statute, a Committee on the Rights of the Child has been established, that performs the functions hereinafter provided.
  • The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Statute. The members of the Committee shall be elected by original 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 original States Parties. Each State Party may nominate one person from among its own nationals.
  • The initial election to the Committee was held about 6 months after the date of the entry into force of the original 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 original 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 Statute.
  • The elections are held at meetings of original States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties constitutes a quorum, the persons elected to the Committee are those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
  • Original State Parties shall elect the members of the Committee for a term of four years. Committee Members are eligible for re-election if re-nominated. The term of five of the members elected at the first election expires at the end of two years. immediately after the first election. The Chairman of the meeting shall chose the names of these five members by lot .
  • 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. A meeting of the original States Parties may determine and review the duration of the meetings of the Committee, subject to the approval of the World Parliament.
  • 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 Statute.
  • With the approval of the General Assembly, the members of the Committee established under the present Statute shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide. The World Parliament may, pay emoluments for the further operation of the Committee, or for programs that the Committee recommends.

Article 45

• 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:
  • Within two years of the entry into force of the Statute for the State Party concerned;
    • 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 Statute. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Statute 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 Statute.
  • 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 Committee reports widely available to the public in the respective countries.
  • The United Nations Secretariat, or a viable agency of the United Nations system, shall make the Committee reports available to the public via the Internet.

Article 46

• (Original Article 46 of UNGA Child Rights of 1989 was reserved by the People and replaced with the following article.) In order to foster the effective implementation of the Statute and to encourage international co-operation in the field covered by the Statute:
  • The specialized agencies, the United Nations Children's Fund and other United Nations organs that have ratified the Earth Constitution are entitled to representation in the consideration of the implementation of provisions of the present Statute 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 Statute in areas falling within the scope of 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 Statute in areas falling within the scope of their activities; Reconstituting United Nations agencies that are receiving funding through programs of the Earth Federation shall report to their respective ministries at least semi-annually.
  • 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 recommend to the World Ombudsmus and to the agencies of the Integrative Complex to undertake 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 Statute. The Committee shall transmit suggestions and general recommendations to any State Party concerned and report to the General Assembly, together with comments, if any, from States Parties.
  • The Committee shall also transmit suggestions and general recommendations to the World Ombudsmus and to the Enforcement System of the Earth Federation, as appropriate.and feasible
  • Original Articles 46, 47 and 48 (permitting third party waivers, withdrawal of recognition, denial of jurisdiction Security Council overrule and other exceptions to child rights) were unconstitutional and are not adopted by the People, as represented by the provisional World Parliament, convened in conformance with Article 19 of the Earth Constitution.

Article 47

• (Reserved by the People.)

Article 48

• (Reserved by the People.)

Part III

Article 49

• This World Legislative Act is the reconstitution, integration and adoption of the Convention on the Rights of the Child. The Convention on the Rights of the Child was adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989. It entered into force 2 September 1990, in accordance with article 49 of the Convention on the Rights of the Child. This World Legislative Act recognizes and confirms the original date of entry into force.
  • The original conventional form of this Statute entered into force on 2 September 1990 (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 origninal conventional form of the Statute after the deposit of the twentieth instrument of ratification or accession, the original Statute entered into force on the thirtieth day after the deposit by the respective State of the instrument of ratification or accession.
  • Amendments to this Statute enter into force immediately upon adoption by the provisional World Parliament or World Parliament, unless the World Parliament stipulates other entry conditions.

Article 50

• Any State Party to the Earth Constitution may propose an amendment and file it with the Minister of the Commission for Legislative Review. The Minister shall thereupon communicate the proposed amendment to the provisional World Parliament or World Parliament, with a request that the Parliament indicate whether they favour voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the Delegate Members favour deliberation of the amendment, the proposed amendment shall be deliberated. A simple majority of both the House of Peoples and the House of Nations at the World Parliament may be adopt proposed amendments. If the House of Nations is not yet functional, the simple majority of the provisional World Parliament or World Parliament may adopt the proposed amendment.
  • An amendment adopted in accordance with paragraph 1 of the present article shall enter into force immediately, unless otherwise stipulated by the amendment.
  • When an amendment enters into force, it is binding on those States Parties to the Earth Constitution, other States Parties still being bound by the provisions of the former Statute and any earlier amendments that the respective States Parties have accepted.
  • If the United Nations Committee on the Rights of the Child recommends an amendment of the original Convention on the Rights of the Child to the Secretary General of the United Nations, the Commission for Legislative Review shall examine the proposed amendment for possible recommendation to the World Parliament.
  • If the original States Parties to the Convention on the Rights of the Child adopt an amendment to the Convention, the Commission for Legislative Review shall examine this amendment to determine whether it should be presented to the World Parliament for deliberation.

Article 51

• (Reserved by the People)

Article 52

• (Reserved by the People)

Original Articles 51 and 52 were unconstitutional and are not adopted by the People, as represented by the provisional World Parliament, convened in conformance with Article 19 of the Earth Constitution.

Article 53

• The Institute on Governmental Procedures and World Problems is the depositary of the present Statute.

Article 54

• The Institute on Governmental Procedures and World Problems shall develop multilingual versions of the present Statute, as soon as feasible. First versions may be in English, Spanish, French and Esperanto.

In witness thereof the undersigned world citizen delegate member of the provisional World Parliament authorized thereto by Article 19 of the Earth Constitution, has signed the present Statute.

* * * * * * * * * *

The Statute on the Rights of the Child was adopted by the Eighth Session of the Provisional World Parliament convened in conformance with Article 19 of the Earth Constitution in August 2004, at City Montessori School, Lucknow, Uttar Pradesh, India.

Attested : Eugenia Almand, JD, Secretary

Provisional World Parliament