CCPR

CCPR

General comment No. 4:

第4号一般性意见：

Article 3 (Equal right of men and women to the enjoyment of all civil and political rights)

第三条(男女平等享有所有公民权利和政治权利)

Thirteenth session (1981)

第十三届会议(1981年)

1. Article 3 of the Covenant requiring, as it does, States parties to ensure the equal right of men and women to the enjoyment of all civil and political rights provided for in the Covenant, has been insufficiently dealt with in a considerable number of States reports and has raised a number of concerns, two of which may be highlighted.

1. 《公约》第三条规定各缔约国保证男女在享有《公约》所规定的一切公民权利和政治权利方面有平等的权利。 许多缔约国的报告对这一点没有充分讨论，它引起了一些忧虑，其中有两点可以着重指出。

2. Firstly, article 3, as articles 2 (1) and 26 insofar as those articles primarily deal with the prevention of discrimination on a number of grounds, among which sex is one, requires not only measures of protection but also affirmative action designed to ensure the positive enjoyment of rights.

2. 第一，第三条，如同第二条第1款和第二十六条(主要讨论防止基于各种理由(性别是其中之一)的歧视)一样，不仅要求采取保护措施，还要求采取旨在保证积极享有权利的正面行动。

This cannot be done simply by enacting laws.

这不能单凭立法来完成。

Hence, more information has generally been required regarding the role of women in practice with a view to ascertaining what measures, in addition to purely legislative measures of protection, have been or are being taken to give effect to the precise and positive obligations under article 3 and to ascertain what progress is being made or what factors or difficulties are being met in this regard.

因此，通常需要更多有关妇女实际地位的资料，以确定在纯粹的法律保护措施以外，还采取了或正在采取什么措施，以实施第三条规定的明确积极的义务，并确定在这方面有何进展和遇到什么因素或困难。

3. Secondly, the positive obligation undertaken by States parties under that article may itself have an inevitable impact on legislation or administrative measures specifically designed to regulate matters other than those dealt with in the Covenant but which may adversely affect rights recognized in the Covenant.

3. 第二，各缔约国承担该条规定的积极义务本身就可能对专为管理不在《公约》内但会严重影响《公约》确认的权利的事务而制定的法律或行政措施有着不可避免的影响。

One example, among others, is the degree to which immigration laws which distinguish between a male and a female citizen may or may not adversely affect the scope of the right of the woman to marriage to non citizens or to hold public office.

其中一例是，区分男女公民的移民法会不会达到严重影响妇女与非公民结婚或担任公职的权利的程度。

4. The Committee, therefore, considers that it might assist States parties if special attention were given to a review by specially appointed bodies or institutions of laws or measures which inherently draw a distinction between men and women insofar as those laws or measures adversely affect the rights provided for in the Covenant and, secondly, that States parties should give specific information in their reports about all measures, legislative or otherwise, designed to implement their undertaking under this article.

4. 因此，委员会认为，如果特别注意由专门指定的机构或机关对男女有别而严重影响到《公约》规定的权利的法律或措施进行审查，将会对缔约国有帮助。 再者，各缔约国应在其报告中提供旨在执行其本条规定的义务的一切法律或其他的措施的具体资料。

5. The Committee considers that it might help the States parties in implementing this obligation, if more use could be made of existing means of international cooperation with a view to exchanging experience and organizing assistance in solving the practical problems connected with the insurance of equal rights for men and women.

5. 委员会认为，如能够更多利用现有的国际合作方法，以求在解决关于保证男女平等权利的实际问题中交换经验和安排援助，可能有帮助于缔约国履行这项义务。