CVN/CEDAW/OP CVN_CEDAW_OP_E.doc (English)

CVN/CEDAW/OP CVN_CEDAW_OP_C.doc (Chinese)

[ENG] CVN_CEDAW_OP_E.doc

[CHI] CVN_CEDAW_OP_C.doc [~]

[ENG] Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women

[CHI] 消除对妇女一切形式歧视公约任择议定书 [~]

[ENG] Adopted by General Assembly resolution 54/4 of 6 October 1999

[CHI] Adopted by General Assembly resolution 54/4 of 6 October 1999 [~]

[ENG] Entry into force: 22 December 2000

[CHI] Entry into force: 22 December 2000 [~]

[ENG] Text: United Nations, Treaty Series , vol. 2131, p. 83.

[CHI] Text: United Nations, Treaty Series , vol. 2131, p. 83. [~]

[ENG] The States Parties to the present Protocol,

[CHI] 本议定书缔约国， [~]

[ENG] Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

[CHI] 注意到《联合国宪章》重申对基本人权、人的尊严和价值以及男女权利平等的信念， [~]

[ENG] Also noting that the Universal Declaration of Human Rights proclaims mat all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,

[CHI] 又注意到《世界人权宣言》宣布，人人生而自由，在尊严和权利上一律平等，人人有资格享受该宣言所载一切权利和自由，不得有任何区别，包括男女的区分， [~]

[ENG] Recalling that the International Covenants on Human Rights" and other international human rights instruments prohibit discrimination on the basis of sex,

[CHI] 回顾国际人权盟约以及其他国际人权文书禁止基于性别的歧视， [~]

[ENG] Also recalling the Convention on the Elimination of AU Forms of Discrimination against Women ("the Convention'), in which the States Parties thereto condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women,

[CHI] 又回顾《消除对妇女一切形式歧视公约》 (“公约”)，其中各缔约国谴责对妇女一切形式的歧视，商定毫不拖延地采取一切适当措施，执行消除对妇女歧视的政策， [~]

[ENG] Reaffirming their .determination to ensure the full and equal enjoyment by women of all human rights and fundamental freedoms and to take effective action to prevent violations of these rights and freedoms,

[CHI] 重申他们决心确保妇女充分和平等地享有所有人权和基本自由，并采取有效的行动，防止侵犯这些权利和自由， [~]

[ENG] Have agreed as follows:

[CHI] 兹商定如下： [~]

[ENG] Article 1

[CHI] 第 1 条 [~]

[ENG] A State Party to the present Protocol ("State Party") recognizes the competence of the Committee on the Elimination of Discrimination against Women ("the Committee") to receive and consider communications submitted in accordance with article 2.

[CHI] 本议定书缔约国(“缔约国”)承认消除对妇女歧视委员会(“委员会”)有权接受和审议根据第2条提出的来文。 [~]

[ENG] Article 2

[CHI] 第 2 条 [~]

[ENG] Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party, Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.

[CHI] 来文可由声称因为一缔约国违反公约所规定的任何权利而受到伤害的该缔约国管辖下的个人或个人联名或其代表提出。 如果代表个人或联名的个人提出来文，应征得该个人或联名的个人同意，除非撰文者能说明有理由在未征得这种同意时，可由其代表他们行事。 [~]

[ENG] Article 3

[CHI] 第 3 条 [~]

[ENG] Communications shall be in writing and shall not be anonymous.

[CHI] 来文应以书面提出，不得匿名。 [~]

[ENG] No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

[CHI] 委员会不应收受涉及非本议定书缔约方之公约缔约国的来文。 [~]

[ENG] Article 4

[CHI] 第 4 条 [~]

[ENG] 1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.

[CHI] 1. 委员会受理一项来文之前，必须确定所有可用的国内补救办法已经用尽，或是补救办法的应用被不合理地拖延或不大可能带来有效的补救，否则不得审议。 [~]

[ENG] 2. The Committee shall declare a communication inadmissible where:

[CHI] 2. 在下列情况下，委员会应宣布一项来文不予受理： [~]

[ENG] (a) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;

[CHI] 同一事项业经委员会审查或已由或正由另外一项国际调查或解决程序加以审查； [~]

[ENG] (b) It is incompatible with the provisions of the Convention;

[CHI] 来文不符合公约的规定； [~]

[ENG] (c) It is manifestly ill-founded or not sufficiently substantiated;

[CHI] 来文明显没有根据或证据不足； [~]

[ENG] (d) It is an abuse of the right to submit a communication;

[CHI] 来文滥用提出来文的权利； [~]

[ENG] (e) The facts that are the subject of the communication occurred prior to the entry into force of the present Protocol for the State Party concerned unless those facts continued after that date.

[CHI] 来文所述的事实发生在本议定书对有关缔约国生效之前，除非这些事实在该日期之后仍继续存在。 [~]

[ENG] Article 5

[CHI] 第 5 条 [~]

[ENG] 1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation,

[CHI] 1. 在收到来文后并在确定是非曲直之前，委员会可随时向有关缔约国转送一项要求，请该国紧急考虑采取必要的临时措施，以避免对声称被侵权的受害者造成可能无法弥补的损害。 [~]

[ENG] 2. Where die Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.

[CHI] 2. 委员会根据本条第1款行使斟酌决定权并不意味来文的是否可予受理问题或是非曲直业已确定。 [~]

[ENG] Article 6

[CHI] 第 6 条 [~]

[ENG] 1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State arty concerned.

[CHI] 1. 除非委员会认为一项来文不可受理而不必通知有关缔约国，否则委员会应在所涉个人同意向该缔约国透露其身份的情况下，以机密方式提请有关缔约国注意根据本议定书向委员会提出的任何来文。 [~]

[ENG] 2. Within six months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided. by that State Party,

[CHI] 2. 在六个月内，接到要求的缔约国应向委员会提出书面解释或声明，澄清有关事项并说明该缔约国可能已提供的任何补救办法。 [~]

[ENG] Article 7

[CHI] 第 7 条 [~]

[ENG] 1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned.

[CHI] 1. 委员会应根据个人或联名的个人或其代表提供的和有关缔约国提供的一切资料审议根据本议定书收到的来文，条件是这些资料须转送有关各方。 [~]

[ENG] 2. The Cornmittee shall hold closed meetings when examining communications under the present Protocol.

[CHI] 2. 委员会在审查根据本议定书提出的来文时，应举行非公开会议。 [~]

[ENG] 3. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned.

[CHI] 3. 审查来文后，委员会应将关于来文的意见和可能有的建议转送有关各方。 [~]

[ENG] 4. The State Party shall give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a written response, including information on any action taken in the light of the views and recommendations of the Committee.

[CHI] 4. 缔约国应适当考虑委员会的意见及其可能有的建议，并在六个月内向委员会提出书面答复，包括说明根据委员会意见和建议采取的任何行动。 [~]

[ENG] 5. The Committee may invite the State Party to submit further information about any measures the State Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party's subsequent reports under article 18 of the Convention.

[CHI] 5. 委员会可邀请缔约国就其依据委员会的意见或可能有的建议采取的任何措施提供进一步资料，包括如委员会认为适当的话，在缔约国此后根据公约第18条提交的报告中提供更多的资料。 [~]

[ENG] Article 8

[CHI] 第 8 条 [~]

[ENG] 1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set Forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.

[CHI] 1. 如果委员会收到可靠资料表明缔约国严重地或系统地侵犯公约所规定的权利，委员会应邀请该缔约国合作审查这些资料，并为此目的就有关资料提出意见。 [~]

[ENG] 2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee.

[CHI] 2. 在考虑了有关缔约国可能已提出的任何意见以及委员会所获得的任何其他可靠资料后，委员会可指派一个或多个成员进行调查，并赶紧向委员会报告。 [~]

[ENG] Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.

[CHI] 如有正当理由并征得缔约国同意，此项调查可包括前往该缔约国领土进行访问。 [~]

[ENG] 3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the \ State Party concerned together with any comments and recommendations.

[CHI] 3. 在审查这项调查的结果之后，委员会应将这些结果连同任何评论和建议一并转送有关缔约国。 [~]

[ENG] 4. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee.

[CHI] 4. 有关缔约国应在收到委员会转送的调查结果、评论和建议六个月内，向委员会提出意见。 [~]

[ENG] 5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.

[CHI] 5. 此项调查应以机密方式进行，在该程序的各个阶段均应争取缔约国的合作。 [~]

[ENG] Article 9

[CHI] 第 9 条 [~]

[ENG] 1. The Committee may invite the State Party concerned to include in its report under article 18 of the Convention details of any measures taken in response to an inquiry conducted under article 8 of the present Protocol.

[CHI] 1. 委员会可邀请有关缔约国在其根据公约第18条提交的报告中包括为响应根据本议定书第8条进行的调查所采取任何措施的细节。 [~]

[ENG] 2. The Committee may, if necessary, after the end of the period of six months referred to in article 8.4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

[CHI] 2. 委员会于必要时可在第8条第4款所述六个月期间结束后邀请有关缔约国向它通告为响应此项调查而采取的措施。 [~]

[ENG] Article 10

[CHI] 第 10 条 [~]

[ENG] 1. Each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 8 and 9.

[CHI] 1. 每一缔约国可在签署或批准或加入本议定书时声明不承认第8和9条给予委员会的管辖权。 [~]

[ENG] 2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.

[CHI] 2. 根据本条第1款作出声明的任一缔约国可随时通知秘书长，撤消这项声明。 [~]

[ENG] Article 11

[CHI] 第 11 条 [~]

[ENG] A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the present Protocol.

[CHI] 缔约国应采取一切适当步骤确保在其管辖下的个人不会因为根据本议定书同委员会通信而受到虐待或恐吓。 [~]

[ENG] Article 12

[CHI] 第 12 条 [~]

[ENG] The Committee shall include in its annual report under article 21 of the Convention a summary of its activities under the present Protocol.

[CHI] 委员会应在其根据公约第21条提出的年度报告中包括它根据本议定书进行的活动的纪要。 [~]

[ENG] Article 13

[CHI] 第 13 条 [~]

[ENG] Each State Party undertakes to make widely known and to give publicity to the Convention and the present Protocol and to facilitate access to information about the views and recommendations of the Committee, in particular, on matters involving that State Party.

[CHI] 每一缔约国承诺广为传播并宣传公约及本议定书，便利人们查阅关于委员会意见和建议的资料，特别是涉及该缔约国的事项。 [~]

[ENG] Article 14

[CHI] 第 14 条 [~]

[ENG] The Committee shall develop its own rules of procedure to be followed when exercising the functions conferred on it by the present Protocol.

[CHI] 委员会应制订自己的议事规则，以便在履行本议定书所赋予的职能时予以遵循。 [~]

[ENG] Article IS

[CHI] 第 15 条 [~]

[ENG] 1. The present Protocol shall be open for signature by any State that has signed, ratified or acceded to the Convention.

[CHI] 1. 本议定书开放给已签署、批准或加入公约的任何国家签字。 [~]

[ENG] 2. The present Protocol shall be subject to ratification by any State that has ratified or acceded to the Convention.

[CHI] 2. 本议定书须经已批准或加入公约的任何国家批准。 [~]

[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] 3. The present Protocol shall be open to accession by any State that has ratified or acceded to the Convention.

[CHI] 3. 本议定书应开放给已批准或加入公约的任何国家加入。 [~]

[ENG] 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

[CHI] 4. 凡向联合国秘书长交存加入书，加入即行生效。 [~]

[ENG] Article 16

[CHI] 第 16 条 [~]

[ENG] 1, The present Protocol shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.

[CHI] 1. 本议定书自第十份批准书或加入书交存联合国秘书长之日后三个月开始生效。 [~]

[ENG] 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present Protocol shall enter into force three months after the date of the deposit of its own instrument of ratification or accession.

[CHI] 2. 在本议定书生效后批准或加入本议定书的每一个国家，本议定书自该国交存其批准书或加入书之日后三个月开始生效。 [~]

[ENG] Article 17

[CHI] 第 17 条 [~]

[ENG] No reservations to the present Protocol shall be permitted.

[CHI] 不允许对本议定书提出保留。 [~]

[ENG] Article 18

[CHI] 第 18 条 [~]

[ENG] 1. Any State Party may propose an amendment to the present Protocol and file it with the Secretary-General of the United Nations.

[CHI] 1. 任何缔约国可对本议定书提出修正案并将修正案送交联合国秘书长备案。 [~]

[ENG] The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify her or him whether they favour a conference of States Parties for the purpose of considering and voting on the proposal.

[CHI] 秘书长应立即将任何提议的修正案通报缔约国，请它们向秘书长表示是否赞成举行缔约国会议以便就该提案进行审议和表决。 [~]

[ENG] In the event that at least one third of the States Parties favour such a conference, the Secretary-General shall convene die conference under the auspices of the United Nations.

[CHI] 如有至少三分之一缔约国赞成举行会议，则秘书长应在联合国主持下召开这一会议。 [~]

[ENG] Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval,

[CHI] 经出席会议并参加表决的多数缔约国通过的任何修正案须提交联合国大会核准。 [~]

[ENG] 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with their respective constitutional processes.

[CHI] 2. 各项修正案经联合国大会核准并经本议定书缔约国三分之二多数依其本国宪法程序接受即行生效。 [~]

[ENG] 3. When amendments come into force, they shall be binding on those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments that they have accepted.

[CHI] 3. 各项修正案一生效，即应对已接受修正案的缔约国具有约束力，其他缔约国则仍受本议定书的规定以及它们已接受的先前任何修正案的约束。 [~]

[ENG] Article 19

[CHI] 第 19 条 [~]

[ENG] 1. Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations.

[CHI] 1. 任何缔约国可随时以书面形式通知联合国秘书长，宣告退出本议定书。 [~]

[ENG] Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.

[CHI] 退约应于秘书长收到通知之日后六个月开始生效。 [~]

[ENG] 2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 or any inquiry initiated under article 8 before the effective date of denunciation.

[CHI] 2. 退约不妨碍本议定书的规定继续适用于在退约生效日之前根据第2条提出的任何来文或根据第8条所发起的任何调查。 [~]

[ENG] Article 20

[CHI] 第 20 条 [~]

[ENG] The Secretary-General of the United Nations shall inform all States of:

[CHI] 联合国秘书长应通知所有国家： [~]

[ENG] (a) Signatures, ratifications and accessions under the present Protocol;

[CHI] 根据本议定书的签署、批准和加入； [~]

[ENG] (b) The date of entry into force of the present Protocol and of any amendment under article 18;

[CHI] 本议定书以及根据第18条提出的任何修正案开始生效的日期； [~]

[ENG] (c) Any denunciation under article 19.

[CHI] 根据第19条宣告的任何退约。 [~]

[ENG] Article 21

[CHI] 第 21 条 [~]

[ENG] 1. The present Protocol, of which the Arabic, Chinese, English. French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

[CHI] 1. 本议定书的阿拉伯文、中文、英文、法文、俄文和西班牙文文本具有同等效力，均应交存联合国档库。 [~]

[ENG] 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States referred to in article 25 of the Convention.

[CHI] 2. 联合国秘书长应将本议定书业经核准无误的副本转送公约第25条所指的所有国家。 [~]