Article 43: Committee on the Rights of the Child

Convention text

1.

The countries that have signed the Convention must establish a Committee on the Rights of the Child (the Committee). The Committee monitors whether countries follow the Convention.

2.

The Committee consists of ten experts with a good reputation who have strong knowledge of the subject of the Convention. The countries that have signed the Convention elect these experts from among their own citizens. They must ensure that the experts come from all parts of the world and have knowledge of the main legal systems. The experts act independently.

3.

Each of these countries may nominate one of its own citizens as an expert. These names are placed on a list of candidates. The countries elect the ten members of the Children’s Rights Committee from this list by secret ballot.

4.

The first election of the Committee takes place within six months after the Convention enters into force. After that, elections take place every two years. All candidates must be known two months before the election. The Secretary-General of the United Nations informs the participating countries in writing at least four months before the election date. The Secretary-General then prepares an alphabetical list of all candidates, indicating which country nominated each candidate. The countries receive this list.

5.

Elections take place at a meeting of the countries that have signed the Convention. The Secretary-General of the United Nations organises this meeting at United Nations Headquarters. At least two thirds of the countries must be present for the election to take place. The ten candidates who receive the highest number of votes are elected to the Committee, provided that they also receive more than half of the votes cast.

6.

Members of the Committee are elected for a term of four years. Five of them may be re-elected if nominated again by their country. For five members elected at the first election, the term ends after only two years. Immediately after the first election, the chair of the meeting determines by lot which members these are.

7.

If a member of the Committee dies or resigns, the country from which that member comes appoints another citizen to take over the duties. The other members of the Committee must approve the new member.

8.

The Committee establishes its own rules of procedure.

9. 

The Committee elects its officers for a term of two years.

10.

The meetings of the Committee are usually held at United Nations Headquarters or at another suitable place chosen by the Committee. The Committee usually meets once a year. The countries that have signed the Convention decide how long the meetings last. They may later agree on a different duration. The General Assembly of the United Nations must approve their decision.

11.

The Secretary-General of the United Nations provides sufficient staff and resources so that the Committee can carry out its tasks under the Convention.

12.

The members of the Committee receive remuneration. The General Assembly must approve this remuneration and set the conditions for it.

Key point

There is a Committee on the Rights of the Child (the Committee) that monitors whether countries follow the Convention.

Explanation

The Convention sets out agreements between countries. The United Nations Committee on the Rights of the Child monitors whether the countries that have signed the Convention follow these agreements. The Committee is based in Geneva and consists of experts in children’s rights from different countries. If a country does not follow the agreements, the Committee tells that country what is not going well. It also gives advice on how to improve. The Committee can also draw the attention of other countries to areas where the country is not doing well. Together, they can encourage the country to follow the agreements.

Additional agreements: children can submit a complaint

The Convention contains three additional agreements. The countries that have signed the Convention decide for themselves whether they also sign these additional agreements and agree to follow them. Under one of these agreements, children can submit a complaint to the Committee if a country does not follow the Convention. However, the Committee will only consider such a complaint if the country has also signed this additional agreement. The Netherlands has signed it, but it has not yet been implemented. You can read the full text here.