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The Convention on the Rights of the Child
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penal
[
Global Index
]
ARTICLE-40
[
go to this ARTICLE
]
... 1.
States Parties
recognize 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
. ...
... (a) 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
or
international law
at the
time
they were committed; ...
... (b) Every
child
alleged as or
accused
of having infringed the
penal law
has at least the following
guarantees
: ...
... (v) 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
; ...
... 3.
States Parties
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
, and, in particular: ...
... (a) The
establishment
of a
minimum age
below which
children
shall be presumed not to have the
capacity
to infringe the
penal law
; ...
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