CVN_CRC_EC
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[ENG] CVN_CRC_E.doc[CHI] CVN_CRC_C.doc [~]
[ENG] Convention on the Rights of the Child[CHI] 儿童权利公约 [~]
[ENG] Adopted by General Assembly resolution 44/25 of 20 November 1989[CHI] Adopted by General Assembly resolution 44/25 of 20 November 1989 [~]
[ENG] Entry into force: 2 September 1990[CHI] Entry into force: 2 September 1990 [~]
[ENG] Text: United Nations, Treaty Series , vol. 1577, p. 3; depositary notifications C.N.147.1993.TREATIES-5 of 15 May 1993 [amendments to article 43 (2)]1; and C.N.322.1995.TREATIES-7 of 7 November 1995 [amendment to article 43 (2)].[CHI] Text: United Nations, Treaty Series , vol. 1577, p. 3; depositary notifications C.N.147.1993.TREATIES-5 of 15 May 1993 [amendments to article 43 (2)]1; and C.N.322.1995.TREATIES-7 of 7 November 1995 [amendment to article 43 (2)]. [~]
[ENG] Preamble[CHI] 序 言 [~]
[ENG] The States Parties to the present Convention,[CHI] 本公约缔约国, [~]
[ENG] Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,[CHI] 考虑到按照《联合国宪章》所宣布的原则,对人类家庭所有成员的固有尊严及其平等和不移的权利的承认,乃是世界自由、正义与和平的基础, [~]
[ENG] Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,[CHI] 铭记联合国人民在《宪章》中重申对基本人权和人格尊严与价值的信念,并决心促成更广泛自由中的社会进步及更高的生活水平, [~]
[ENG] Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,[CHI] 认识到联合国在《世界人权宣言》和国际人权盟约中宣布和同意:人人有资格享受这些文书中所载的一切权利和自由,不因种族、肤色、性别、语言、宗教、政治或其他见解、国籍或社会出身、财产、出生或其他身份等而有任何区别, [~]
[ENG] Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,[CHI] 回顾联合国在《世界人权宣言》中宣布:儿童有权享受特别照料和协助, [~]
[ENG] Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,[CHI] 深信家庭作为社会的基本单元,作为家庭所有成员、特别是儿童的成长和幸福的自然环境,应获得必要的保护和协助,以充分负起它在社会上的责任, [~]
[ENG] Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,[CHI] 确认为了充分而和谐地发展其个性,应让儿童在家庭环境里,在幸福、亲爱和谅解的气氛中成长, [~]
[ENG] Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,[CHI] 考虑到应充分培养儿童可在社会上独立生活,并在《联合国宪章》宣布的理想的精神下,特别是在和平、尊严、宽容、自由、平等和团结的精神下,抚养他们成长, [~]
[ENG] Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children,[CHI] 铭记给予儿童特殊照料的需要已在1924年《日内瓦儿童权利宣言》和在大会1959年11月20日通过的《儿童权利宣言》中予以申明,并在《世界人权宣 言》、《公民权利和政治权利国际盟约》(特别是第23和24条)、《经济、社会、文化权利国际盟约》(特别是第10条)以及关心儿童福利的各专门机构和国 际组织的章程及有关文书中得到确认, [~]
[ENG] Bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”,[CHI] 铭记如《儿童权利宣言》所示,“儿童因身心尚未成熟,在其出生以前和以后均需要特殊的保护和照料,包括法律上的适当保护”, [~]
[ENG] Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict,[CHI] 回顾《关于儿童保护和儿童福利、特别是国内和国际寄养和收养办法的社会和法律原则宣言》、《联合国少年司法最低限度标准规则》(北京规则)以及《在非常状态和武装冲突中保护妇女和儿童宣言》, [~]
[ENG] Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,[CHI] 确认世界各国都有生活在极端困难情况下的儿童,对这些儿童需要给予特别的照顾, [~]
[ENG] Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,[CHI] 适当考虑到每一民族的传统及文化价值对儿童的保护及和谐发展的重要性, [~]
[ENG] Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,[CHI] 确认国际合作对于改善每一国家、特别是发展中国家儿童的生活条件的重要性, [~]
[ENG] Have agreed as follows:[CHI] 兹协议如下: [~]
[ENG] Part I[CHI] 第 一 部 分 [~]
[ENG] Article 1[CHI] 第 1 条 [~]
[ENG] For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.[CHI] 为本公约之目的,儿童系指18岁以下的任何人,除非对其适用之法律规定成年年龄低于18岁。 [~]
[ENG] Article 2[CHI] 第 2 条 [~]
[ENG] 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.[CHI] 1. 缔约国应尊重本公约所载列的权利,并确保其管辖范围内的每一儿童均享受此种权利,不因儿童或其父母或法定监护人的种族、肤色、性别、语言、宗教、政治或其他见解、民族、族裔或社会出身、财产、伤残、出生或其他身份而有任何差别。 [~]
[ENG] 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.[CHI] 2. 缔约国应采取一切适当措施确保儿童得到保护,不受基于儿童父母、法定监护人或家庭成员的身份、活动、所表达的观点或信仰而加诸的一切形式的歧视或惩罚。 [~]
[ENG] Article 3[CHI] 第 3 条 [~]
[ENG] 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.[CHI] 1. 关于儿童的一切行动,不论是由公私社会福利机构、法院、行政当局或立法机构执行,均应以儿童的最大利益为一种首要考虑。 [~]
[ENG] 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.[CHI] 2. 缔约国承担确保儿童享有其幸福所必需的保护和照料,考虑到其父母、法定监护人、或任何对其负有法律责任的个人的权利和义务,并为此采取一切适当的立法和行政措施。 [~]
[ENG] 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.[CHI] 3. 缔约国应确保负责照料或保护儿童的机构、服务部门及设施符合主管当局规定的标准,尤其是安全、卫生、工作人员数目和资格以及有效监督等方面的标准。 [~]
[ENG] Article 4[CHI] 第 4 条 [~]
[ENG] States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention.[CHI] 缔约国应采取一切适当的立法、行政和其他措施以实现本公约所确认的权利。 [~]
[ENG] With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.[CHI] 关于经济、社会及文化权利,缔约国应根据其现有资源所允许的最大限度并视需要在国际合作范围内采取此类措施。 [~]
[ENG] Article 5[CHI] 第 5 条 [~]
[ENG] States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.[CHI] 缔约国应尊重父母或于适用时尊重当地习俗认定的大家庭或社会成员、法定监护人或其他对儿童负有法律责任的人以下的责任、权利和义务:以符合儿童不同阶段接受能力的方式适当指导和指引儿童行使本公约所确认的权利。 [~]
[ENG] Article 6[CHI] 第 6 条 [~]
[ENG] 1. States Parties recognize that every child has the inherent right to life.[CHI] 1. 缔约国确认每个儿童均有固有的生命权。 [~]
[ENG] 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.[CHI] 2. 缔约国应最大限度地确保儿童的存活与发展。 [~]
[ENG] Article 7[CHI] 第 7 条 [~]
[ENG] 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.[CHI] 1. 儿童出生后应立即登记,并有自出生起获得姓名的权利,有获得国籍的权利,以及尽可能知道谁是其父母并受其父母照料的权利。 [~]
[ENG] 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.[CHI] 2. 缔约国应确保这些权利按照本国法律及其根据有关国际文书在这一领域承担的义务予以实施,尤应注意不如此儿童即无国籍之情形。 [~]
[ENG] Article 8[CHI] 第 8 条 [~]
[ENG] 1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.[CHI] 1. 缔约国承担尊重儿童维护其身份包括法律所承认的国籍、姓名及家庭关系而不受非法干扰的权利。 [~]
[ENG] 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.[CHI] 2. 如有儿童被非法剥夺其身份方面的部分或全部要素,缔约国应提供适当协助和保护,以便迅速重新确立其身份。 [~]
[ENG] Article 9[CHI] 第 9 条 [~]
[ENG] 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child.[CHI] 1. 缔约国应确保不违背儿童父母的意愿使儿童与父母分离,除非主管当局按照适用的法律和程序,经法院审查,判定这样的分离符合儿童的最大利益而确有必要。 [~]
[ENG] Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.[CHI] 在诸如由于父母的虐待或忽视、或父母分居而必须确定儿童居住地点的特殊情况下,这种裁决可能有必要。 [~]
[ENG] 2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.[CHI] 2. 凡按本条第1款进行诉讼,均应给予所有有关方面以参加诉讼并阐明自己意见之机会。 [~]
[ENG] 3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.[CHI] 3. 缔约国应尊重与父母一方或双方分离的儿童同父母经常保持个人关系及直接联系的权利,但违反儿童最大利益者除外。 [~]
[ENG] 4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child.[CHI] 4. 如果这种分离是因缔约国对父母一方或双方或对儿童所采取的任何行动,诸如拘留、监禁、流放、驱逐或死亡(包括该人在该国拘禁中因任何原因而死亡)所致,该 缔约国应按请求将该等家庭成员下落的基本情况告知父母、儿童或适当时告知另一家庭成员,除非提供这类情况会有损儿童的福祉。 [~]
[ENG] States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.[CHI] 缔约国还应确保有关人员不致因提出这类请求而承受不利后果。 [~]
[ENG] Article 10[CHI] 第 10 条 [~]
[ENG] 1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.[CHI] 1. 按照第9条第1款所规定的缔约国的义务,对于儿童或其父母要求进入或离开一缔约国以便与家人团聚的申请,缔约国应以积极的人道主义态度迅速予以办理、缔约国还应确保申请人及其家庭成员不致因提出这类请求而承受不利后果。 [~]
[ENG] 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances, personal relations and direct contacts with both parents.[CHI] 2. 父母居住在不同国家的儿童,除特殊情况以外,应有权同父母双方经常保持个人关系和直接联系。 [~]
[ENG] Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country.[CHI] 为此目的,并按照第9条第2款所规定的缔约国的义务,缔约国应尊重儿童及其父母离开包括其本国在内的任何国家和进入其本国的权利。 [~]
[ENG] The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.[CHI] 离开任何国家的权利只应受法律所规定并为保护国家安全、公共秩序、公共卫生或道德、或他人的权利和自由所必需且与本公约所承认的其他权利不相抵触的限制约束。 [~]
[ENG] Article 11[CHI] 第 11 条 [~]
[ENG] 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.[CHI] 1. 缔约国应采取措施制止非法将儿童移转国外和不使返回本国的行为。 [~]
[ENG] 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.[CHI] 2. 为此目的,缔约国应致力缔结双边或多边协定或加入现有协定。 [~]
[ENG] Article 12[CHI] 第 12 条 [~]
[ENG] 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.[CHI] 1. 缔约国应确保有主见能力的儿童有权对影响到其本人的一切事项自由发表自己的意见,对儿童的意见应按照其年龄和成熟程度给以适当的看待。 [~]
[ENG] 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.[CHI] 2. 为此目的,儿童特别应有机会在影响到儿童的任何司法和行政诉讼中,以符合国家法律的诉讼规则的方式,直接或通过代表或适当机构陈述意见。 [~]
[ENG] Article 13[CHI] 第 13 条 [~]
[ENG] 1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.[CHI] 1. 儿童应有自由发表言论的权利;此项权利应包括通过口头、书面或印刷、艺术形式或儿童所选择的任何其他媒介,寻求、接受和传递各种信息和思想的自由,而不论国界。 [~]
[ENG] 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:[CHI] 2. 此项权利的行使可受某些限制约束,但这些限制仅限于法律所规定并为以下目的所必需: [~]
[ENG] (a) For respect of the rights or reputations of others; or[CHI] 尊重他人的权利和名誉;或 [~]
[ENG] (b) For the protection of national security or of public order (ordre public), or of public health or morals.[CHI] 保护国家安全或公共秩序或公共卫生或道德。 [~]
[ENG] Article 14[CHI] 第 14 条 [~]
[ENG] 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.[CHI] 1. 缔约国应尊重儿童享有思想、信仰和宗教自由的权利。 [~]
[ENG] 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.[CHI] 2. 缔约国应尊重父母并于适用时尊重法定监护人以下的权利和义务:以符合儿童不同阶段接受能力的方式指导儿童行使其权利。 [~]
[ENG] 3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.[CHI] 3. 表明个人宗教或信仰的自由,仅受法律所规定并为保护公共安全、秩序、卫生或道德或他人之基本权利和自由所必需的这类限制约束。 [~]
[ENG] Article 15[CHI] 第 15 条 [~]
[ENG] 1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.[CHI] 1. 缔约国确认儿童享有结社自由及和平集会自由的权利。 [~]
[ENG] 2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.[CHI] 2. 对此项权利的行使不得加以限制,除非符合法律所规定并在民主社会中为国家安全或公共安全、公共秩序、保护公共卫生或道德或保护他人的权利和自由所必需。 [~]
[ENG] Article 16[CHI] 第 16 条 [~]
[ENG] 1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.[CHI] 1. 儿童的隐私、家庭、住宅或通信不受任意或非法干涉,其荣誉和名誉不受非法攻击。 [~]
[ENG] 2. The child has the right to the protection of the law against such interference or attacks.[CHI] 2. 儿童有权享受法律保护,以免受这类干涉或攻击。 [~]
[ENG] Article 17[CHI] 第 17 条 [~]
[ENG] States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.[CHI] 缔约国确认大众传播媒介的重要作用,并应确保儿童能够从多种的国家和国际来源获得信息和资料,尤其是旨在促进其社会、精神和道德福祉和身心健康的信息和资料。 [~]
[ENG] To this end, States Parties shall:[CHI] 为此目的,缔约国应: [~]
[ENG] (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;[CHI] 鼓励大众传播媒介本着第29条的精神散播在社会和文化方面有益于儿童的信息和资料; [~]
[ENG] (b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;[CHI] 鼓励在编制、交流和散播来自不同文化、国家和国际来源的这类信息和资料方面进行国际合作; [~]
[ENG] (c) Encourage the production and dissemination of children’s books;[CHI] 鼓励儿童读物的著作和普及; [~]
[ENG] (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;[CHI] 鼓励大众传播媒介特别注意属于少数群体或土著居民的儿童在语言方面的需要; [~]
[ENG] (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.[CHI] 鼓励根据第13条和第18条的规定制定适当的准则,保护儿童不受可能损害其福祉的信息和资料之害。 [~]
[ENG] Article 18[CHI] 第 18 条 [~]
[ENG] 1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child.[CHI] 1. 缔约国应尽其最大努力,确保父母双方对儿童的养育和发展负有共同责任的原则得到确认。 [~]
[ENG] Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child.[CHI] 父母、或视具体情况而定的法定监护人对儿童的养育和发展负有首要责任。 [~]
[ENG] The best interests of the child will be their basic concern.[CHI] 儿童的最大利益将是他们主要关心的事。 [~]
[ENG] 2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.[CHI] 2. 为保证和促进本公约所列举的权利,缔约国应在父母和法定监护人履行其抚养儿童的责任方面给予适当协助,并应确保发展育儿机构、设施和服务。 [~]
[ENG] 3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.[CHI] 3. 缔约国应采取一切适当措施确保就业父母的子女有权享受他们有资格得到的托儿服务和设施。 [~]
[ENG] Article 19[CHI] 第 19 条 [~]
[ENG] 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.[CHI] 1. 缔约国应采取一切适当的立法、行政、社会和教育措施,保护儿童在受父母、法定监护人或其他任何负责照管儿童的人的照料时,不致受到任何形式的身心摧残、伤害或凌辱,忽视或照料不周,虐待或剥削,包括性侵犯。 [~]
[ENG] 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.[CHI] 2. 这类保护性措施应酌情包括采取有效程序以建立社会方案,向儿童和负责照管儿童的人提供必要的支助,采取其他预防形式,查明、报告、查询、调查、处理和追究前述的虐待儿童事件,以及在适当时进行司法干预。 [~]
[ENG] Article 20[CHI] 第 20 条 [~]
[ENG] 1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.[CHI] 1. 暂时或永久脱离家庭环境的儿童,或为其最大利益不得在这种环境中继续生活的儿童,应有权得到国家的特别保护和协助。 [~]
[ENG] 2. States Parties shall in accordance with their national laws ensure alternative care for such a child.[CHI] 2. 缔约国应按照本国法律确保此类儿童得到其他方式的照顾。 [~]
[ENG] 3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children.[CHI] 3. 这种照顾除其他外,包括寄养、伊斯兰法的“卡法拉“(监护)、收养或者必要时安置在适当的育儿机构中。 [~]
[ENG] When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.[CHI] 在考虑解决办法时,应适当注意有必要使儿童的培养教育具有连续性和注意儿童的族裔、宗教、文化和语言背景。 [~]
[ENG] Article 21[CHI] 第 21 条 [~]
[ENG] States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:[CHI] 凡承认和(或)许可收养制度的国家应确保以儿童的最大利益为首要考虑,并应: [~]
[ENG] (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;[CHI] 确保只有经主管当局按照适用的法律和程序并根据所有有关可靠的资料,判定鉴于儿童有关父母、亲属和法定监护人方面的情况可允许收养,并且判定必要时有关人士已根据可能必要的辅导对收养表示知情的同意,方可批准儿童的收养; [~]
[ENG] (b) Recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin; (c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;[CHI] 确认如果儿童不能安置于寄养或收养家庭,或不能以任何适当的方式在儿童原籍国加以照料,跨国收养可视为照料儿童的一个替代办法; 确保得到跨国收养的儿童享有与本国收养相当的保障和标准; [~]
[ENG] (d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;[CHI] 采取一切适当措施确保跨国收养的安排不致使所涉人士获得不正当的财务收益; [~]
[ENG] (e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.[CHI] 在适当时通过缔结双边或多边安排或协定促成本条的目标,并在这一范围内努力确保由主管当局或机构负责安排儿童在另一国收养的事宜。 [~]
[ENG] Article 22[CHI] 第 22 条 [~]
[ENG] 1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.[CHI] 1. 缔约国应采取适当措施,确保申请难民身份的儿童或按照适用的国际法或国内法及程序可视为难民的儿童,不论有无父母或其他任何人的陪同,均可得到适当的保护 和人道主义援助,以享有本公约和该有关国家为其缔约国的其他国际人权或人道主义文书所规定的可适用权利。 [~]
[ENG] 2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family.[CHI] 2. 为此目的,缔约国应对联合国和与联合国合作的其他主管的政府间组织或非政府组织所作的任何努力提供其认为适当的合作,以保护和援助这类儿童,并为只身的难民儿童追寻其父母或其他家庭成员,以获得必要的消息使其家庭团聚。 [~]
[ENG] In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.[CHI] 在寻不着父母或其他家庭成员的情况下,也应使该儿童获得与其他任何由于任何原因而永久或暂时脱离家庭环境的儿童按照本公约的规定所得到的同样保护。 [~]
[ENG] Article 23[CHI] 第 23 条 [~]
[ENG] 1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.[CHI] 1. 缔约国确认身心有残疾的儿童应能在确保其尊严、促进其自立、有利于其积极参与社会生活的条件下享有充实而适当的生活。 [~]
[ENG] 2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child.[CHI] 2. 缔约国确认残疾儿童有接受特别照顾的权利,应鼓励并确保在现有资源范围内,依据申请,斟酌儿童的情况和儿童的父母或其他照料人的情况,对合格儿童及负责照料该儿童的人提供援助。 [~]
[ENG] 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.[CHI] 3. 鉴于残疾儿童的特殊需要,考虑到儿童的父母或其他照料人的经济情况,在可能时应免费提供按照本条第2款给予的援助,这些援助的目的应是确保残疾儿童能有效 地获得和接受教育、培训、保健服务、康复服务、就业准备和娱乐机会,其方式应有助于该儿童尽可能充分地参与社会,实现个人发展,包括其文化和精神方面的发 展。 [~]
[ENG] 4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas.[CHI] 4. 缔约国应本着国际合作精神,在预防保健以及残疾儿童的医疗、心理治疗和功能治疗领域促进交换适当资料,包括散播和获得有关康复教育方法和职业服务方面的资料,以期使缔约国能够在这些领域提高其能力和技术并扩大其经验。 [~]
[ENG] In this regard, particular account shall be taken of the needs of developing countries.[CHI] 在这方面,应特别考虑到发展中国家的需要。 [~]
[ENG] Article 24[CHI] 第 24 条 [~]
[ENG] 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.[CHI] 1. 缔约国确认儿童有权享有可达到的最高标准的健康,并享有医疗和康复设施,缔约国应努力确保没有任何儿童被剥夺获得这种保健服务的权利。 [~]
[ENG] 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:[CHI] 2. 缔约国应致力充分实现这一权利,特别是应采取适当措施,以 [~]
[ENG] (a) To diminish infant and child mortality;[CHI] 降低婴幼儿死亡率; [~]
[ENG] (b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;[CHI] 确保向所有儿童提供必要的医疗援助和保健,侧重发展初级保健; [~]
[ENG] (c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;[CHI] 消除疾病和营养不良现象,包括在初级保健范围内利用现有可得的技术和提供充足的营养食品和清洁饮水,要考虑到环境污染的危险和风险; [~]
[ENG] (d) To ensure appropriate pre-natal and post-natal health care for mothers;[CHI] 确保母亲得到适当的产前和产后保健; [~]
[ENG] (e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;[CHI] 确保向社会各阶层、特别是向父母和儿童介绍有关儿童保健和营养、母乳育婴优点、个人卫生和环境卫生及防止意外事故的基本知识,使他们得到这方面的教育并帮助他们应用这种基本知识; [~]
[ENG] (f) To develop preventive health care, guidance for parents and family planning education and services.[CHI] 开展预防保健、对父母的指导以及计划生育教育和服务。 [~]
[ENG] 3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.[CHI] 3. 缔约国应致力采取一切有效和适当的措施,以期废除对儿童健康有害的传统习俗。 [~]
[ENG] 4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article.[CHI] 4. 缔约国承担促进和鼓励国际合作,以期逐步充分实现本条所确认的权利。 [~]
[ENG] In this regard, particular account shall be taken of the needs of developing countries.[CHI] 在这方面,应特别考虑到发展中国家的需要。 [~]
[ENG] Article 25[CHI] 第 25 条 [~]
[ENG] States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.[CHI] 缔约国确认在有关当局为照料、保护或治疗儿童身心健康的目的下受到安置的儿童,有权获得对给予的治疗以及与所受安置有关的所有其他情况进行定期审查。 [~]
[ENG] Article 26[CHI] 第 26 条 [~]
[ENG] 1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.[CHI] 1. 缔约国应确认每个儿童有权受益于社会保障、包括社会保险,并应根据其国内法律采取必要措施充分实现这一权利。 [~]
[ENG] 2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.[CHI] 2. 提供福利时应酌情考虑儿童及负有赡养儿童义务的人的经济情况和环境,以及与儿童提出或代其提出的福利申请有关的其他方面因素。 [~]
[ENG] Article 27[CHI] 第 27 条 [~]
[ENG] 1. States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.[CHI] 1. 缔约国确认每个儿童均有权享有足以促进其生理、心理、精神、道德和社会发展的生活水平。 [~]
[ENG] 2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development.[CHI] 2. 父母或其他负责照顾儿童的人负有在其能力和经济条件许可范围内确保儿童发展所需生活条件的首要责任。 [~]
[ENG] 3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.[CHI] 3. 缔约国按照本国条件并在其能力范围内,应采取适当措施帮助父母或其他负责照顾儿童的人实现此项权利,并在需要时提供物质援助和支助方案,特别是在营养、衣着和住房方面。 [~]
[ENG] 4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad.[CHI] 4. 缔约国应采取一切适当措施,向在本国境内或境外儿童的父母或其他对儿童负有经济责任的人追索儿童的赡养费。 [~]
[ENG] In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.[CHI] 尤其是,遇对儿童负有经济责任的人住在与儿童不同的国家的情况时,缔约国应促进加入国际协定或缔结此类协定以及作出其他适当安排。 [~]
[ENG] Article 28[CHI] 第 28 条 [~]
[ENG] 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:[CHI] 1. 缔约国确认儿童有受教育的权利,为在机会均等的基础上逐步实现此项权利,缔约国尤应: [~]
[ENG] (a) Make primary education compulsory and available free to all;[CHI] 实现全面的免费义务小学教育; [~]
[ENG] (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;[CHI] 鼓励发展不同形式的中学教育、包括普通和职业教育,使所有儿童均能享有和接受这种教育,并采取适当措施,诸如实行免费教育和对有需要的人提供津贴; [~]
[ENG] (c) Make higher education accessible to all on the basis of capacity by every appropriate means;[CHI] 以一切适当方式根据能力使所有人均有受高等教育的机会; [~]
[ENG] (d) Make educational and vocational information and guidance available and accessible to all children;[CHI] 使所有儿童均能得到教育和职业方面的资料和指导; [~]
[ENG] (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.[CHI] 采取措施鼓励学生按时出勤和降低辍学率。 [~]
[ENG] 2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.[CHI] 2. 缔约国应采取一切适当措施,确保学校执行纪律的方式符合儿童的人格尊严及本公约的规定。 [~]
[ENG] 3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods.[CHI] 3. 缔约国应促进和鼓励有关教育事项方面的国际合作,特别着眼于在全世界消灭愚昧与文盲,并便利获得科技知识和现代教学方法。 [~]
[ENG] In this regard, particular account shall be taken of the needs of developing countries.[CHI] 在这方面,应特别考虑到发展中国家的需要。 [~]
[ENG] Article 29[CHI] 第 29 条 [~]
[ENG] 1. States Parties agree that the education of the child shall be directed to:[CHI] 1. 缔约国一致认为教育儿童的目的应是: [~]
[ENG] (a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential;[CHI] 最充分地发展儿童的个性、才智和身心能力; [~]
[ENG] (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;[CHI] 培养对人权和基本自由以及《联合国宪章》所载各项原则的尊重; [~]
[ENG] (c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;[CHI] 培养对儿童的父母、儿童自身的文化认同、语言和价值观、儿童所居住国家的民族价值观、其原籍国以及不同于其本国的文明的尊重; [~]
[ENG] (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;[CHI] 培养儿童本着各国人民、族裔、民族和宗教群体以及原为土著居民的人之间谅解、和平、宽容、男女平等和友好的精神,在自由社会里过有责任感的生活; [~]
[ENG] (e) The development of respect for the natural environment.[CHI] 培养对自然环境的尊重。 [~]
[ENG] 2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.[CHI] 2. 对本条或第28条任何部分的解释均不得干涉个人和团体建立和指导教育机构的自由,但须始终遵守本条第1款载列的原则,并遵守在这类机构中实行的教育应符合国家可能规定的最低限度标准的要求。 [~]
[ENG] Article 30[CHI] 第 30 条 [~]
[ENG] In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.[CHI] 在那些存在有在族裔、宗教或语言方面属于少数人或原为土著居民的人的国家,不得剥夺属于这种少数人或原为土著居民的儿童与其群体的其他成员共同享有自己的文化、信奉自己的宗教并举行宗教仪式、或使用自己的语言的权利。 [~]
[ENG] Article 31[CHI] 第 31 条 [~]
[ENG] 1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.[CHI] 1. 缔约国确认儿童有权享有休息和闲暇,从事与儿童年龄相宜的游戏和娱乐活动,以及自由参加文化生活和艺术活动。 [~]
[ENG] 2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.[CHI] 2. 缔约国应尊重并促进儿童充分参加文化和艺术生活的权利,并应鼓励提供从事文化、艺术、娱乐和休闲活动的适当和均等的机会。 [~]
[ENG] Article 32[CHI] 第 32 条 [~]
[ENG] 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.[CHI] 1. 缔约国确认儿童有权受到保护,以免受经济剥削和从事任何可能妨碍或影响儿童教育或有害儿童健康或身体、心理、精神、道德或社会发展的工作。 [~]
[ENG] 2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article.[CHI] 2. 缔约国应采取立法、行政、社会和教育措施确保本条得到执行。 [~]
[ENG] To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment;[CHI] 为此目的,并鉴于其他国际文书的有关规定,缔约国尤应: 规定受雇的最低年龄; [~]
[ENG] (b) Provide for appropriate regulation of the hours and conditions of employment;[CHI] 规定有关工作时间和条件的适当规则; [~]
[ENG] (c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.[CHI] 规定适当的惩罚或其他制裁措施以确保本条得到有效执行。 [~]
[ENG] Article 33[CHI] 第 33 条 [~]
[ENG] States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.[CHI] 缔约国应采取一切适当措施,包括立法、行政、社会和教育措施,保护儿童不致非法使用有关国际条约中界定的麻醉药品和精神药物,并防止利用儿童从事非法生产和贩运此类药物。 [~]
[ENG] Article 34[CHI] 第 34 条 [~]
[ENG] States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:[CHI] 缔约国承担保护儿童免遭一切形式的色情剥削和性侵犯之害,为此目的,缔约国尤应采取一切适当的国家、双边和多边措施,以防止: [~]
[ENG] (a) The inducement or coercion of a child to engage in any unlawful sexual activity;[CHI] 引诱或强迫儿童从事任何非法的性活动; [~]
[ENG] (b) The exploitative use of children in prostitution or other unlawful sexual practices;[CHI] 利用儿童卖淫或从事其他非法的性行为; [~]
[ENG] (c) The exploitative use of children in pornographic performances and materials.[CHI] 利用儿童进行淫秽表演和充当淫秽题材。 [~]
[ENG] Article 35[CHI] 第 35 条 [~]
[ENG] States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.[CHI] 缔约国应采取一切适当的国家、双边和多边措施,以防止为任何目的或以任何形式诱拐、买卖或贩运儿童。 [~]
[ENG] Article 36[CHI] 第 36 条 [~]
[ENG] States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare.[CHI] 缔约国应保护儿童免遭有损儿童福利的任何方面的一切其他形式的剥削之害。 [~]
[ENG] Article 37[CHI] 第 37 条 [~]
[ENG] States Parties shall ensure that:[CHI] 缔约国应确保: [~]
[ENG] (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.[CHI] 任何儿童不受酷刑或其他形式的残忍、不人道或有辱人格的待遇或处罚。 [~]
[ENG] Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;[CHI] 对未满18岁的人所犯罪行不得判以死刑或无释放可能的无期徒刑; [~]
[ENG] (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily.[CHI] 不得非法或任意剥夺任何儿童的自由。 [~]
[ENG] The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;[CHI] 对儿童的逮捕、拘留或监禁应符合法律规定并仅应作为最后手段,期限应为最短的适当时间; [~]
[ENG] (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.[CHI] 所有被剥夺自由的儿童应受到人道待遇,其人格固有尊严应受尊重,并应以考虑到他们这个年龄的人的需要的方式加以对待。 [~]
[ENG] In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;[CHI] 特别是,所有被剥夺自由的儿童应同成人隔开,除非认为反之最有利于儿童,并有权通过信件和探访国家人保持联系,但特殊情况除外; [~]
[ENG] (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.[CHI] 所有被剥夺自由的儿童均有权迅速获得法律及其他适当援助,并有权向法院或其他独立公正的主管当局就其被剥夺自由一事之合法性提出异议,并有权迅速就任何此类行动得到裁定。 [~]
[ENG] Article 38[CHI] 第 38 条 [~]
[ENG] 1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.[CHI] 1. 缔约国承担尊重并确保尊重在武装冲突中对其适用的国际人道主义法律中有关儿童的规则。 [~]
[ENG] 2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.[CHI] 2. 缔约国应采取一切可行措施确保未满15岁的人不直接参加敌对行动。 [~]
[ENG] 3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces.[CHI] 3. 缔约国应避免招募任何未满15岁的人加入武装部队。 [~]
[ENG] In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.[CHI] 在招募已满15岁但未满18岁的人时,缔约国应致力首先考虑年龄最大者。 [~]
[ENG] 4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.[CHI] 4. 缔约国按照国际人道主义法律规定它们在武装冲突中保护平民人口的义务,应采取一切可行措施确保保护和照料受武装冲突影响的儿童。 [~]
[ENG] Article 39[CHI] 第 39 条 [~]
[ENG] States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts.[CHI] 缔约国应采取一切适当措施,促使遭受下述情况之害的儿童身心得以康复并重返社会:任何形式的忽视、剥削或凌辱虐待;酷刑或任何其他形式的残忍、不人道或有辱人格的待遇或处罚;或武装冲突。 [~]
[ENG] Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.[CHI] 此种康复和重返社会应在一种能促进儿童的健康、自尊和尊严的环境中进行。 [~]
[ENG] Article 40[CHI] 第 40 条 [~]
[ENG] 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.[CHI] 1. 缔约国确认被指称、指控或认为触犯刑法的儿童有权得到符合以下情况方式的待遇:促进其尊严和价值感并增强其对他人的人权和基本自由的尊重。 这种待遇应考虑到其年龄和促进其重返社会并在社会中发挥积极作用的愿望。 [~]
[ENG] 2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:[CHI] 2. 为此目的,并鉴于国际文书的有关规定,缔约国尤应确保: [~]
[ENG] (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;[CHI] (a) 任何儿童不得以行为或不行为之时本国法律或国际法不禁止的行为或不行为之理由被指称、指控或认为触犯刑法; [~]
[ENG] (b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:[CHI] (b) 所有被指称或指控触犯刑法的儿童至少应得到下列保证: [~]
[ENG] (i) To be presumed innocent until proven guilty according to law;[CHI] 在依法判定有罪之前应被假定为无罪; [~]
[ENG] (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;[CHI] 迅速直接地被告知其被控罪名,适当时应通过其父母或法定监护人告知,并获得准备和提出辩护所需的法律或其他适当协助; [~]
[ENG] (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;[CHI] 要求独立公正的主管当局或司法机构在其得到法律或其他适当协助的情况下,通过依法公正审理迅速作出判决,并且须有其父母或法定监护人在场,除非认为这样做不符合儿童的最大利益,特别要考虑到其年龄或状况; [~]
[ENG] (iv) Not to be compelled to give testimony or to confess guilt; 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;[CHI] 不得被迫作口供或认罪,应可诘问或间接诘问他造证人,并且使自己的证人在他造证人平等的条件下出庭并受诘问; [~]
[ENG] (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;[CHI] 若被判定触犯刑法,有权要求高一级独立公正的主管当局或司法机构依法复查此一判决及由此对之采取的任何措施; [~]
[ENG] (vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;[CHI] 若儿童不懂或不会说所用语言,有权免费得到译员的协助; [~]
[ENG] (vii) To have his or her privacy fully respected at all stages of the proceedings.[CHI] 其隐私在诉讼的所有阶段均得到充分尊重。 [~]
[ENG] 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:[CHI] 3. 缔约国应致力于促进规定或建立专门适用于被指称、指控或确认为触犯刑法的儿童的法律、程序、当局和机构,尤应: [~]
[ENG] (a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;[CHI] 规定最低年龄,在此年龄以下的儿童应视为无触犯刑法之行为能力; [~]
[ENG] (b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.[CHI] 在适当和必要时,制订不对此类儿童诉诸司法程序的措施,但须充分尊重人权和法律保障。 [~]
[ENG] 4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.[CHI] 4. 应采用多种处理办法,诸如照管、指导和监督令、辅导、察看、寄养、教育和职业培训方案及不交由机构照管的其他办法,以确保处理儿童的方式符合其福祉并与其情况和违法行为相称。 [~]
[ENG] Article 41[CHI] 第 41 条 [~]
[ENG] Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:[CHI] 本公约的任何规定不应影响更有利于实现儿童权利且可能载于下述文件中的任何规定: [~]
[ENG] (a) The law of a State party; or[CHI] 缔约国的法律;或 [~]
[ENG] (b) International law in force for that State.[CHI] 对该国有效的国际法。 [~]
[ENG] Part II[CHI] 第 二 部 分 [~]
[ENG] Article 42[CHI] 第 42 条 [~]
[ENG] States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.[CHI] 缔约国承担以适当的积极手段,使成人和儿童都能普遍知晓本公约的原则和规定。 [~]
[ENG] Article 43[CHI] 第 43 条 [~]
[ENG] 1 For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided.[CHI] 1. 为审查缔约国在履行根据本公约所承担的义务方面取得的进展,应设立儿童权利委员会,执行下文所规定的职能。 [~]
[ENG] 2. The Committee shall consist of eighteen experts of high moral standing and recognized competence in the field covered by this Convention.[CHI] 2. 委员会应由十八名品德高尚并在本公约所涉领域具有公认能力的专家组成。 [~]
[ENG] ** 1 The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems.[CHI] {§*} 委员会成员应由缔约国从其国民中选出,并应以个人身份任职,但须考虑到公平地域分配原则及主要法系。 [~]
[ENG] 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties.[CHI] 3. 委员会成员应以无记名表决方式从缔约国提名的人选名单中选举产生。 [~]
[ENG] Each State Party may nominate one person from among its own nationals.[CHI] 每一缔约国可从其本国国民中提名一位人选。 [~]
[ENG] 4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year.[CHI] 4. 委员会的初次选举应最迟不晚于本公约生效之日后的六个月进行,此后每两年举行一次。 [~]
[ENG] At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months.[CHI] 联合国秘书长应至少在选举之日前四个月函请缔约国在两个月内提出其提名的人选。 [~]
[ENG] The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention.[CHI] 秘书长随后应将已提名的所有人选按字母顺序编成名单,注明提名此等人选的缔约国,分送本公约缔约国。 [~]
[ENG] 5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters.[CHI] 5. 选举应在联合国总部由秘书长召开的缔约国会议上进行。 [~]
[ENG] At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.[CHI] 在此等会议上,应以三分之二缔约国出席作为会议的法定人数,得票最多且占出席并参加表决缔约国代表绝对多数票者,当选为委员会委员。 [~]
[ENG] 6. The members of the Committee shall be elected for a term of four years.[CHI] 6. 委员会成员任期四年。 [~]
[ENG] They shall be eligible for re-election if renominated.[CHI] 成员如获再次提名,应可连选连任。 [~]
[ENG] The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting.[CHI] 在第一次选举产生的成员中,有5名成员的任期应在两年结束时届满;会议主席应在第一次选举之后立即以抽签方式选定这5名成员。 [~]
[ENG] 7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.[CHI] 7. 如果委员会某一成员死亡或辞职或宣称因任何其他原因不再能履行委员会的职责,提名该成员的缔约国应从其国民中指定另一名专家接替余下的任期,但须经委员会批准。 [~]
[ENG] 8. The Committee shall establish its own rules of procedure.[CHI] 8. 委员会应自行制订其议事规则。 [~]
[ENG] 9. The Committee shall elect its officers for a period of two years.[CHI] 9. 委员会应自行选举其主席团成员,任期两年。 [~]
[ENG] 10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee.[CHI] 10. 委员会会议通常应在联合国总部或在委员会决定的任何其他方便地点举行。 [~]
[ENG] The Committee shall normally meet annually.[CHI] 委员会通常应每年举行一次会议。 [~]
[ENG] The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.[CHI] 委员会的会期应由本公约缔约国会议决定并在必要时加以审查,但需经大会核准。 [~]
[ENG] 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.[CHI] 11. 联合国秘书长应为委员会有效履行本公约所规定的职责提供必要的工作人员和设施。 [~]
[ENG] 12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.[CHI] 12. 根据本公约设立的委员会的成员,经大会核可,得从联合国资源领取薪酬,其条件由大会决定。 [~]
[ENG] Article 44[CHI] 第 44 条 [~]
[ENG] 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights:[CHI] 1. 缔约国承担按下述办法,通过联合国秘书长,向委员会提交关于它们为实现本公约确认的权利所采取的措施以及关于这些权利的享有方面的进展情况的报告; [~]
[ENG] (a) Within two years of the entry into force of the Convention for the State Party concerned;[CHI] 在本公约对有关缔约国生效后两年内; [~]
[ENG] (b) Thereafter every five years.[CHI] 此后每五年一次。 [~]
[ENG] 2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention.[CHI] 2. 根据本条提交的报告应指明可能影响本公约规定的义务履行程度的任何因素和困难。 [~]
[ENG] Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.[CHI] 报告还应载有充分的资料,以使委员会全面了解本公约在该国的实施情况。 [~]
[ENG] 3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.[CHI] 3. 缔约国若已向委员会提交全面的初次报告,就无须在其以后按照本条第1款 (b) 项提交的报告中重复原先已提供的基本资料。 [~]
[ENG] 4. The Committee may request from States Parties further information relevant to the implementation of the Convention.[CHI] 4. 委员会可要求缔约国进一步提供与本公约实施情况有关的资料。 [~]
[ENG] 5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.[CHI] 5. 委员会应通过经济及社会理事会每两年向大会提交一次关于其活动的报告。 [~]
[ENG] 6. States Parties shall make their reports widely available to the public in their own countries.[CHI] 6. 缔约国应向其本国的公众广泛供应其报告。 [~]
[ENG] Article 45[CHI] 第 45 条 [~]
[ENG] In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:[CHI] 为促进本公约的有效实施和鼓励在本公约所涉领域进行国际合作: [~]
[ENG] (a) The specialized agencies, the United Nations Children’s Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate.[CHI] 各专门机构、联合国儿童基金会和联合国其他机构应有权派代表列席对本公约中属于它们职责范围内的条款的实施情况的审议。 [~]
[ENG] The Committee may invite the specialized agencies, the United Nations Children’s Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates.[CHI] 委员会可邀请各专门机构、联合国儿童基金会以及它可能认为合适的其他有关机关就本公约在属于它们各自职责范围内的领域的实施问题提供专家意见。 [~]
[ENG] The Committee may invite the specialized agencies, the United Nations Children’s Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;[CHI] 委员会可邀请各专门机构、联合国儿童基金会和联合国其他机构就本公约在属于它们活动范围内的领域的实施情况提交报告; [~]
[ENG] (b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children’s Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee’s observations and suggestions, if any, on these requests or indications;[CHI] 委员会在其可能认为适当时应向各专门机构、联合国儿童基金会和其他有关机构转交缔约国要求或说明需要技术咨询或援助的任何报告以及委员会就此类要求或说明提出的任何意见和建议; [~]
[ENG] (c) The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;[CHI] 委员会可建议大会请秘书长代表委员会对有关儿童权利的具体问题进行研究; [~]
[ENG] (d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention.[CHI] 委员会可根据依照本公约第44和45条收到的资料提出提议和一般性建议。 [~]
[ENG] Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.[CHI] 此类提议和一般性建议应转交有关的任何缔约国并连同缔约国作出的任何评论一并报告大会。 [~]
[ENG] Part III[CHI] 第 三 部 分 [~]
[ENG] Article 46[CHI] 第 46 条 [~]
[ENG] The present Convention shall be open for signature by all States.[CHI] 本公约应向所有国家开放供签署。 [~]
[ENG] Article 47[CHI] 第 47 条 [~]
[ENG] The present Convention is subject to ratification.[CHI] 本公约须经批准。 [~]
[ENG] Instruments of ratification shall be deposited with the Secretary-General of the United Nations.[CHI] 批准书应交存联合国秘书长。 [~]
[ENG] Article 48[CHI] 第 48 条 [~]
[ENG] The present Convention shall remain open for accession by any State.[CHI] 本公约应向所有国家开放供加入。 [~]
[ENG] The instruments of accession shall be deposited with the Secretary-General of the United Nations.[CHI] 加入书应交存于联合国秘书长。 [~]
[ENG] Article 49[CHI] 第 49 条 [~]
[ENG] 1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.[CHI] 1. 本公约自第二十份批准书或加入书交存联合国秘书长之日后的第三十天生效。 [~]
[ENG] 2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.[CHI] 2. 本公约对于在第二十份批准书或加入书交存之后批准或加入本公约的国家,自其批准书或加入书交存之日后的第三十天生效。 [~]
[ENG] Article 50[CHI] 第 50 条 [~]
[ENG] 1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations.[CHI] 1. 任何缔约国均可提出修正案,提交给联合国秘书长。 [~]
[ENG] The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals.[CHI] 秘书长应立即将提议的修正案通知缔约国,并请它们表明是否赞成召开缔约国会议以审议提案并进行表决。 [~]
[ENG] In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations.[CHI] 如果在此类通知发出之日后的四个月内,至少有三分之一的缔约国赞成召开这样的会议,秘书长应在联合国主持下召开会议。 [~]
[ENG] Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval.[CHI] 经出席会议并参加表决的缔约国多数通过的任何修正案应提交联合国大会批准。 [~]
[ENG] 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.[CHI] 2. 根据本条第1款通过的修正案若获大会批淮并为缔约国三分之二多数所接受,即行生效。 [~]
[ENG] 3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted.[CHI] 3. 修正案一旦生效,即应对接受该项修正案的缔约国具有约束力,其他缔约国则仍受本公约各项条款和它们已接受的任何早先的修正案的约束。 [~]
[ENG] Article 51[CHI] 第 51 条 [~]
[ENG] 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.[CHI] 1. 联合国秘书长应接受各国在批淮或加入时提出的保留,并分发给所有国家。 [~]
[ENG] 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.[CHI] 2. 不得提出内容与本公约目标和宗旨相抵触的保留。 [~]
[ENG] 3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States.[CHI] 3. 缔约国可随时向联合国秘书长提出通知,请求撤销保留,并由他将此情况通知所有国家。 [~]
[ENG] Such notification shall take effect on the date on which it is received by the Secretary-General[CHI] 通知于秘书长收到当日起生效。 [~]
[ENG] Article 52[CHI] 第 52 条 [~]
[ENG] A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations.[CHI] 缔约国可以书面通知联合国秘书长退出本公约。 [~]
[ENG] Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.[CHI] 秘书长收到通知之日起一年后退约即行生效。 [~]
[ENG] Article 53 The Secretary-General of the United Nations is designated as the depositary of the present Convention.[CHI] 第 53 条 指定联合国秘书长为本公约的保管人。 [~]
[ENG] Article 54[CHI] 第 54 条 [~]
[ENG] The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.[CHI] 本公约的阿拉伯文、中文、英文、法文、俄文和西班牙文本具有同等效力,应交存联合国秘书长。 [~]
[ENG] IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.[CHI] 下列全权代表,经各自政府正式授权,在本公约上签字,以资证明。 [~]