CCPR

CCPR

General comment No. 5:

第5号一般性意见：

Article 4 (Derogations)

第四条(克减问题)

Thirteenth session (1981)

第十三届会议(1981年)

[General comment No. 5 has been replaced by general comment No. 29]

[General comment No. 5 has been replaced by general comment No. 29]

1. Article 4 of the Covenant has posed a number of problems for the Committee when considering reports from some States parties.

1. 在审议某些缔约国的报告时，《公约》第四条使委员会遭遇若干难题。

When a public emergency which threatens the life of a nation arises and it is officially proclaimed, a State party may derogate from a number of rights to the extent strictly required by the situation.

在出现威胁国家生命的社会紧急状态并经正式宣布时，一个缔约国可在局势严格需要的程度内克减若干权利。

The State party, however, may not derogate from certain specific rights and may not take discriminatory measures on a number of grounds.

不过，缔约国不能克减某些特别权利，并不得采取基于若干理由的歧视性措施。

The State party is also under an obligation to inform the other States parties immediately, through the Secretary General, of the derogations it has made including the reasons therefor and the date on which the derogations are terminated.

缔约国并有义务通过秘书长立即将它已克减的各项规定，包括克减理由和终止这种克减的日期，通知其他缔约国。

2. States parties have generally indicated the mechanism provided in their legal systems for the declaration of a state of emergency and the applicable provisions of the law governing derogations.

2. 各缔约国一般都已指出其法律制度所定宣布紧急状态的办法，和适用的管制克减法律的规定。

However, in the case of a few States which had apparently derogated from Covenant rights, it was unclear not only whether a state of emergency had been officially declared but also whether rights from which the Covenant allows no derogation had in fact not been derogated from and further whether the other States parties had been informed of the derogations and of the reasons for the derogations.

不过，有少数显然已克减《公约》权利的国家，不仅不清楚它们是否已正式宣布紧急状态，而且不清楚于《公约》所不允许克减的权利事实上是否未克减，以及是否已将这种克减和克减的理由通知其他缔约国。

3. The Committee holds the view that measures taken under article 4 are of an exceptional and temporary nature and may only last as long as the life of the nation concerned is threatened and that, in times of emergency, the protection of human rights becomes all the more important, particularly those rights from which no derogations can be made.

3. 委员会认为第四条规定的措施属于特殊和临时性质，只有在国家生命受到威胁的期间才能适用，在紧急时期，保护人权，特别是那些不能克减的权利，则更加重要。

The Committee also considers that it is equally important for States parties, in times of public emergency, to inform the other States parties of the nature and extent of the derogations they have made and of the reasons therefor and, further, to fulfil their reporting obligations under article 40 of the Covenant by indicating the nature and extent of each right derogated from together with the relevant documentation.

委员会也认为同样重要的是，各缔约国应在社会紧急时期将它们已克减的权利的性质和程度及克减理由通知其他缔约国，并且履行《公约》第四十条所规定的提出报告的义务，说明每项权利克减的性质及程度，同时提交有关文件。