Page 127 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

Article 40

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.

2. To this end, and having regard to the relevant provisions of international instruments, States Parties

shall, in particular, ensure that:

(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:

(i) To be presumed innocent until proven guilty according to law;

(ii) 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;

(iii) 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;

(iv) Not to be compelled to give testimony or to confess quilt; 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;

(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;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language
used;