CCPR

CCPR

General comment No. 17:

第17号一般性意见：

Article 24 (Rights of the child)

第二十四条(儿童权利)

Thirty-fifth session (1989)

第三十五届会议(1989年)

1. Article 24 of the International Covenant on Civil and Political Rights recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor.

1. 《公民权利和政治权利国际公约》第二十四条确认每一儿童应有权享受家庭、社会和国家为其未成年地位给予的必要保护。

Consequently, the implementation of this provision entails the adoption of special measures to protect children, in addition to the measures that States are required to take under article 2 to ensure that everyone enjoys the rights provided for in the Covenant.

因此，执行这项规定就必须采取特别措施保护儿童，虽然第二条已规定国家必须采取措施确保人人享受《公约》所规定的权利。

The reports submitted by States parties often seem to underestimate this obligation and supply inadequate information on the way in which children are afforded enjoyment of their right to a special protection.

缔约国提出的报告似乎往往低估这项义务，它们没有提供充分资料说明如何使儿童享有受特别保护的权利。

2. In this connection, the Committee points out that the rights provided for in article 24 are not the only ones that the Covenant recognizes for children and that, as individuals, children benefit from all of the civil rights enunciated in the Covenant.

2. 关于这一点，委员会指出第二十四条所规定的权利并非是《公约》确认儿童应享有的唯一权利，儿童作为个人享有《公约》所阐明的各项公民权利。

In enunciating a right, some provisions of the Covenant expressly indicate to States measures to be adopted with a view to affording minors greater protection than adults.

在阐明一项权利时，《公约》一些规定明白指出国家必须采取措施使未成年人享有比成年人更多的保护。

Thus, as far as the right to life is concerned, the death penalty cannot be imposed for crimes committed by persons under 18 years of age.

为此，就生命权来说，不得对18岁以下的犯人判处死刑。

Similarly, if lawfully deprived of their liberty, accused juvenile persons shall be separated from adults and are entitled to be brought as speedily as possible for adjudication; in turn, convicted juvenile offenders shall be subject to a penitentiary system that involves segregation from adults and is appropriate to their age and legal status, the aim being to foster reformation and social rehabilitation.

同样，被控的未成年人如依法被剥夺自由，他们应与成年人隔离，而且有权尽快受审判；此外，被判罪的少年犯应受一个与成年人隔离而且与其年龄和法律地位相符的惩罚制度监管，这样做的目的是使他们接受改造和重新纳入社会。

In other instances, children are protected by the possibility of the restriction - provided that such restriction is warranted - of a right recognized by the Covenant, such as the right to publicize a judgement in a suit at law or a criminal case, from which an exception may be made when the interest of the minor so requires.

在其他情况下，儿童获得《公约》所确认的某项权利可能受到限制的保护(如果这种限制是合法的话)，例如在法律诉讼或刑事案件中发表一项判决的权利；为了保护未成年人的利益，可能对这项权利作出例外。

3. In most cases, however, the measures to be adopted are not specified in the Covenant and it is for each State to determine them in the light of the protection needs of children in its territory and within its jurisdiction.

3. 但是，就大多数情况来说，《公约》没有明确规定所应采取的措施，每个国家应根据它在自己领土和管辖范围内在保护儿童方面的需要而加以确定。

The Committee notes in this regard that such measures, although intended primarily to ensure that children fully enjoy the other rights enunciated in the Covenant, may also be economic, social and cultural.

关于这一点，委员会要指出，这些措施虽然主要是为了确保儿童充分享受《公约》所阐述的其他权利，它们也可能是经济、社会和文化措施。

For example, every possible economic and social measure should be taken to reduce infant mortality and to eradicate malnutrition among children and to prevent them from being subjected to acts of violence and cruel and inhuman treatment or from being exploited by means of forced labour or prostitution, or by their use in the illicit trafficking of narcotic drugs, or by any other means.

例如，必须采取各种可能采取的经济和社会措施，以便降低婴儿死亡率、消除儿童营养不良，使他们免受暴力行为和残忍非人的待遇，或防止他们被下列手段或任何其他手段剥削：强迫劳动或卖淫、利用他们非法贩卖麻醉药品。

In the cultural field, every possible measure should be taken to foster the development of their personality and to provide them with a level of education that will enable them to enjoy the rights recognized in the Covenant, particularly the right to freedom of opinion and expression.

在文化领域，应采取一切可能的措施促使他们发展人格，向他们提供一定水平的教育，使他们能够享受《公约》所确认的权利，特别是发表意见和言论自由的权利。

Moreover, the Committee wishes to draw the attention of States parties to the need to include in their reports information on measures adopted to ensure that children do not take a direct part in armed conflicts.

此外，委员会想提请缔约国注意，它们必须在报告内说明采取了什么措施，以确保儿童不直接参与武装冲突。

4. The right to special measures of protection belongs to every child because of his status as a minor.

4. 由于儿童的未成年地位，每一个儿童都享有受特别措施保护的权利。

Nevertheless, the Covenant does not indicate the age at which he attains his majority.

然而，《公约》没有说明儿童在什么年龄成为成年人。

This is to be determined by each State party in the light of the relevant social and cultural conditions.

这必须由每一缔约国根据有关的社会和文化条件加以确定。

In this respect, States should indicate in their reports the age at which the child attains his majority in civil matters and assumes criminal responsibility.

在这方面，缔约国应在报告中说明儿童在民事方面成为成年人并负起刑事责任的年龄。

States should also indicate the age at which a child is legally entitled to work and the age at which he is treated as an adult under labour law.

缔约国也应说明儿童在法律上有权工作的年龄以及根据劳工法被视为成年人的年龄。

States should further indicate the age at which a child is considered adult for the purposes of article 10, paragraphs 2 and 3.

缔约国应进一步说明为第十条第2和第3款的目的被视为成年人的年龄。

However, the Committee notes that the age for the above purposes should not be set unreasonably low and that in any case a State party cannot absolve itself from its obligations under the Covenant regarding persons under the age of 18, notwithstanding that they have reached the age of majority under domestic law.

但是，委员会要指出，为上述目的而定的年龄不应过低，无论如何缔约国不利免除自己根据《公约》对年龄在18岁以下的人的义务，虽然这些人根据国内法已达成年人年龄。

5. The Covenant requires that children should be protected against discrimination on any grounds such as race, colour, sex, language, religion, national or social origin, property or birth.

5. 《公约》规定儿童应受保护，不得因种族、肤色、性别、语言、宗教、国籍和社会出身、财产或出生等任何理由而受歧视。

In this connection, the Committee notes that, whereas non-discrimination in the enjoyment of the rights provided for in the Covenant also stems, in the case of children, from article 2 and their equality before the law from article 26, the non-discrimination clause contained in article 24 relates specifically to the measures of protection referred to in that provision.

关于这一点，委员会要指出，虽然就儿童的情况来说，对《公约》所规定的各项权利的享受不得歧视也源于第二条和规定他们在法律之前平等的第二十六条，但第二十四条的不歧视规定是与该条所指的保护措施具体有关的。

Reports by States parties should indicate how legislation and practice ensure that measures of protection are aimed at removing all discrimination in every field, including inheritance, particularly as between children who are nationals and children who are aliens or as between legitimate children and children born out of wedlock.

缔约国的报告应说明立法和实践如何保证保护措施是旨在消除各领域包括在继承方面的歧视，特别是国民和非国民的儿童之间以及婚生和非婚生子女之间在继承方面的歧视。

6. Responsibility for guaranteeing children the necessary protection lies with the family, society and the State.

6. 保证儿童受到必要的保护的责任落在家庭、社会和国家身上。

Although the Covenant does not indicate how such responsibility is to be apportioned, it is primarily incumbent on the family, which is interpreted broadly to include all persons composing it in the society of the State party concerned, and particularly on the parents, to create conditions to promote the harmonious development of the child’s personality and his enjoyment of the rights recognized in the Covenant.

虽然《公约》没有说明这种责任应如何分配，但家庭――其广义解释是在有关缔约国的社会里所有组成一个家庭的人――特别是父母有主要责任创造条件，促进儿童人格的和谐发展，使他们享受《公约》确认的各项权利。

However, since it is quite common for the father and mother to be gainfully employed outside the home, reports by States parties should indicate how society, social institutions and the State are discharging their responsibility to assist the family in ensuring the protection of the child.

但是，由于父母在外从事有报酬的工作相当普遍，缔约国的报告应说明社会、社会机构和国家如何履行它们的责任，协助家庭保证儿童受到保护。

Moreover, in cases where the parents and the family seriously fail in their duties, ill-treat or neglect the child, the State should intervene to restrict parental authority and the child may be separated from his family when circumstances so require.

此外，如父母和家庭严重失责、虐待或忽略子女，国家应进行干涉，限制父母的权力，而且在情况需要时子女可与父母分开。

If the marriage is dissolved, steps should be taken, keeping in view the paramount interest of the children, to give them necessary protection and, so far as is possible, to guarantee personal relations with both parents.

如果解除婚姻，应以子女的利益为重，必须采取步骤使他们得到必要的保护，并尽可能保证他们与父母都维持个人关系。

The Committee considers it useful that reports by States parties should provide information on the special measures of protection adopted to protect children who are abandoned or deprived of their family environment in order to enable them to develop in conditions that most closely resemble those characterizing the family environment.

委员会认为有用的做法是，缔约国的报告应提供资料，说明采取了什么特别保护措施，以保护被遗弃或失去家庭环境的儿童，确保他们能够在最类似家庭环境特点的条件下发育成长。

7. Under article 24, paragraph 2, every child has the right to be registered immediately after birth and to have a name.

7. 第二十四条第2款规定，每一儿童均有权在出生后立即获登记并有一个名字。

In the Committee’s opinion, this provision should be interpreted as being closely linked to the provision concerning the right to special measures of protection and it is designed to promote recognition of the child’s legal personality.

委员会认为，这项规定应被理解为与儿童有权享受特别保护措施的规定有密切联系，其宗旨是使儿童的法律人格获得承认。

Providing for the right to have a name is of special importance in the case of children born out of wedlock.

就非婚生子女来说，规定儿童有权有一个名字是有特别意义的。

The main purpose of the obligation to register children after birth is to reduce the danger of abduction, sale of or traffic in children, or of other types of treatment that are incompatible with the enjoyment of the rights provided for in the Covenant.

规定儿童出生后应予登记的主要目的是减少儿童被诱拐或贩卖的危险，或受到与《公约》所规定的权利的享受不符的其他待遇的危险。

Reports by States parties should indicate in detail the measures that ensure the immediate registration of children born in their territory.

缔约国的报告应详细说明为确保在它们领土内出生的儿童立刻获登记而采取的各种措施。

8. Special attention should also be paid, in the context of the protection to be granted to children, to the right of every child to acquire a nationality, as provided for in article 24, paragraph 3.

8. 在给予儿童保护方面，也应特别注意每一儿童均有取得一个国籍的权利，如第二十四条第3款所规定一样。

While the purpose of this provision is to prevent a child from being afforded less protection by society and the State because he is stateless, it does not necessarily make it an obligation for States to give their nationality to every child born in their territory.

虽然这项规定的目的是避免儿童因无国籍而无法享受社会和国家提供的充分保护，但它未必使国家有义务授与每一名在其领土内出生的儿童其国籍。

However, States are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he is born.

但是，国家必须在本国并与其他国家合作，采取一切适当的措施，确保每名儿童在出生时都有国籍。

In this connection, no discrimination with regard to the acquisition of nationality should be admissible under internal law as between legitimate children and children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents.

关于这一点，国内法不得因子女是婚生或非婚生、或子女的父母无国籍，或根据父母两人或其中一人的国籍，而对国籍的取得加以歧视。

The measures adopted to ensure that children have a nationality should always be referred to in reports by States parties.

缔约国的报告应经常提到确保儿童有国籍的措施。