| CVN/CRC/OPAC CVN_CRC_OPAC_E.doc (English) | CVN/CRC/OPAC CVN_CRC_OPAC_C.doc (Chinese) |
| [ENG] CVN_CRC_OPAC_E.doc | [CHI] CVN_CRC_OPAC_C.doc [~] |
| [ENG] Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict | [CHI] 儿童权利公约关于儿童卷入武装冲突问题的任择议定书 [~] |
| [ENG] Adopted by General Assembly resolution 54/263 of 25 May 2000 | [CHI] Adopted by General Assembly resolution 54/263 of 25 May 2000 [~] |
| [ENG] Entry into force: 12 February 2002 | [CHI] Entry into force: 12 February 2002 [~] |
| [ENG] Text: United Nations, Treaty Series, vol. 2173,
p. 222; Doc.A/RES/54/263; and C.N.1031.2000.TREATIES-82 of 14 November
2000 [Rectification of the original of the Protocol (Arabic, Chinese,
English, French, Russian and Spanish authentic texts)];
C.N.865.2001.TREATIES-10 of 13 September 2001 [Rectification of the
original of the Protocol (Chinese, English, French, Russian and Spanish
authentic texts)]. | [CHI] Text: United Nations,
Treaty Series, vol. 2173, p. 222; Doc.A/RES/54/263; and
C.N.1031.2000.TREATIES-82 of 14 November 2000 [Rectification of the
original of the Protocol (Arabic, Chinese, English, French, Russian and
Spanish authentic texts)]; C.N.865.2001.TREATIES-10 of 13 September 2001
[Rectification of the original of the Protocol (Chinese, English,
French, Russian and Spanish authentic texts)] [~] |
| [ENG] The States Parties to the present Protocol, | [CHI] 本议定书缔约国， [~] |
| [ENG] Encouraged by the overwhelming support for the
Convention on the Rights of the Child, demonstrating the widespread
commitment that exists to strive for the promotion and protection of the
rights of the child, | [CHI] 欣慰地注意到《儿童权利公约》获得极大的支持，可见各方决心致力于促进和保护儿童权利， [~] |
| [ENG] Reaffirming that the rights of children require
special protection, and calling for continuous improvement of the
situation of children without distinction, as well as for their
development and education in conditions of peace and security, | [CHI] 重申必须特别保护儿童权利，要求一视同仁地不断改善儿童的情况，使儿童在和平与安全的条件下成长和接受教育， [~] |
| [ENG] Disturbed by the harmful and widespread impact
of armed conflict on children and the long-term consequences it has for
durable peace, security and development, | [CHI] 不安地注意到武装冲突对儿童造成有害和广泛的影响，并对持久和平、安全和发展造成长期后果， [~] |
| [ENG] Condemning the targeting of children in
situations of armed conflict and direct attacks on objects protected
under international law, including places that generally have a
significant presence of children, such as schools and hospitals, | [CHI] 谴责在武装冲突情况中以儿童为目标，以及直接攻击受国际法保护的物体，包括学校和医院等一般有大量儿童的场所的行为， [~] |
| [ENG] Noting the adoption of the Rome Statute of the
International Criminal Court, in particular, the inclusion therein as a
war crime, of conscripting or enlisting children under the age of 15
years or using them to participate actively in hostilities in both
international and non-international armed conflict, | [CHI] 注意到《国际刑事法院规约》获得通过，特别是将征募或招募不满15岁的儿童，或在国际武装冲突和非国际武装冲突中利用他们积极参与敌对行动定为战争罪， [~] |
| [ENG] Considering therefore that to strengthen
further the implementation of rights recognized in the Convention on the
Rights of the Child there is a need to increase the protection of
children from involvement in armed conflict, | [CHI] 因此，考虑到为进一步加强行使《儿童权利公约》确认的权利，需要加强保护儿童，使其不卷入武装冲突， [~] |
| [ENG] Noting that article 1 of the Convention on the
Rights of the Child specifies that, for the purposes of that Convention,
a child means every human being below the age of 18 years unless, under
the law applicable to the child, majority is attained earlier, | [CHI] 注意到《儿童权利公约》第1条规定，为该公约的目的，儿童系指不满18岁的任何人，除非对其适用的法律规定成年年龄低于18岁， [~] |
| [ENG] Convinced that an optional protocol to the
Convention that raises the age of possible recruitment of persons into
armed forces and their participation in hostilities will contribute
effectively to the implementation of the principle that the best
interests of the child are to be a primary consideration in all actions
concerning children, | [CHI] 深信公约任择议定书提高可被招募加入武装部队和参加敌对行动的人的年龄，将切实促进落实有关儿童的一切行动均应以儿童的最大利益为首要考虑的原则， [~] |
| [ENG] Noting that the twenty-sixth International
Conference of the Red Cross and Red Crescent in December 1995
recommended, inter alia, that parties to conflict take every feasible
step to ensure that children below the age of 18 years do not take part
in hostilities, | [CHI] 注意到1995年12月第二十六届红十字会和红新月会国际会议特别建议冲突各当事方采取一切可行措施，确保不满18岁的儿童不参加敌对行动， [~] |
| [ENG] Welcoming the unanimous adoption, in June 1999,
of International Labour Organization Convention No. 182 on the
Prohibition and Immediate Action for the Elimination of the Worst Forms
of Child Labour, which prohibits, inter alia, forced or compulsory
recruitment of children for use in armed conflict, | [CHI] 欢迎《国际劳工组织关于禁止和立即行动消除最有害的童工形式的第182号公约》于1999年6月获得一致通过，其中也禁止强迫或强制招募儿童参加武装冲突， [~] |
| [ENG] Condemning with the gravest concern the
recruitment, training and use within and across national borders of
children in hostilities by armed groups distinct from the armed forces
of a State, and recognizing the responsibility of those who recruit,
train and use children in this regard, | [CHI] 最严重关切并谴责非国家武装部队的武装团体在国境内外招募、训练和使用儿童参加敌对行动，并确认在这方面招募、训练和使用儿童的人所负的责任， [~] |
| [ENG] Recalling the obligation of each party to an armed conflict to abide by the provisions of international humanitarian law, | [CHI] 回顾武装冲突各当事方均有义务遵守国际人道主义法的规定， [~] |
| [ENG] Stressing that the present Protocol is without
prejudice to the purposes and principles contained in the Charter of the
United Nations, including Article 51, and relevant norms of
humanitarian law, | [CHI] 强调本议定书不妨碍《联合国宪章》所载的宗旨和原则，包括其第五十一条以及有关的人道主义法规范， [~] |
| [ENG] Bearing in mind that conditions of peace and
security based on full respect of the purposes and principles contained
in the Charter and observance of applicable human rights instruments are
indispensable for the full protection of children, in particular during
armed conflict and foreign occupation, | [CHI] 铭记以充分尊重《宪章》所载的宗旨和原则以及遵守适用的人权文书为基础的和平与安全是充分保护儿童的必要条件，在武装冲突和外国占领期间尤其如此， [~] |
| [ENG] Recognizing the special needs of those children
who are particularly vulnerable to recruitment or use in hostilities
contrary to the present Protocol owing to their economic or social
status or gender, | [CHI] 确认因其经济或社会状况或性别特别容易被人以违反本议定书的方式招募或用于敌对行动的儿童的特殊需要， [~] |
| [ENG] Mindful of the necessity of taking into
consideration the economic, social and political root causes of the
involvement of children in armed conflict, | [CHI] 注意到必须考虑儿童卷入武装冲突的经济、社会和政治根源， [~] |
| [ENG] Convinced of the need to strengthen
international cooperation in the implementation of the present Protocol,
as well as the physical and psychosocial rehabilitation and social
reintegration of children who are victims of armed conflict, | [CHI] 深信需要加强国际合作执行本议定书，帮助受武装冲突之害的儿童恢复身心健康和重返社会， [~] |
| [ENG] Encouraging the participation of the community
and, in particular, children and child victims in the dissemination of
informational and educational programmes concerning the implementation
of the Protocol, | [CHI] 鼓励社区、尤其是儿童和受害儿童参与传播有关执行本议定书的宣传和教育方案， [~] |
| [ENG] Have agreed as follows: | [CHI] 兹协议如下： [~] |
| [ENG] Article 1 | [CHI] 第 1 条 [~] |
| [ENG] States Parties shall take all feasible measures
to ensure that members of their armed forces who have not attained the
age of 18 years do not take a direct part in hostilities. | [CHI] 缔约国应采取一切可行措施，确保不满18周岁的武装部队成员不直接参加敌对行动。 [~] |
| [ENG] Article 2 | [CHI] 第 2 条 [~] |
| [ENG] States Parties shall ensure that persons who
have not attained the age of 18 years are not compulsorily recruited
into their armed forces. | [CHI] 缔约国应确保不满18周岁的人不被强制招募加入其武装部队。 [~] |
| [ENG] Article 3 | [CHI] 第 3 条 [~] |
| [ENG] 1. States Parties shall raise the minimum age
for the voluntary recruitment of persons into their national armed
forces from that set out in article 38, paragraph 3, of the Convention
on the Rights of the Child, taking account of the principles contained
in that article and recognizing that under the Convention persons under
the age of 18 years are entitled to special protection. | [CHI] 1. 考虑到《儿童权利公约》第38条所载原则，并确认公约规定不满18周岁的人有权获得特别的保护，缔约国应提高该条第3款所述个人自愿应征加入本国武装部队的最低年龄。 [~] |
| [ENG] 2. Each State Party shall deposit a binding
declaration upon ratification of or accession to the present Protocol
that sets forth the minimum age at which it will permit voluntary
recruitment into its national armed forces and a description of the
safeguards it has adopted to ensure that such recruitment is not forced
or coerced. | [CHI] 2. 每一缔约国在批准或加入本议定书时应交存一份具有约束力的声明，规定其允许自愿应征加入本国武装部队的最低年龄，并说明其为确保不强迫或胁迫进行此类招募而采取的保障措施。 [~] |
| [ENG] 3. States Parties that permit voluntary
recruitment into their national armed forces under the age of 18 years
shall maintain safeguards to ensure, as a minimum, that: | [CHI] 3. 允许不满18周岁的人自愿应征加入本国武装部队的缔约国应设置保障措施，至少确保： [~] |
| [ENG] (a) Such recruitment is genuinely voluntary; | [CHI] 此种应征确实是自愿的； [~] |
| [ENG] (b) Such recruitment is carried out with the informed consent of the person's parents or legal guardians; | [CHI] 此种应征得到本人父母或法定监护人的知情同意； [~] |
| [ENG] (c) Such persons are fully informed of the duties involved in such military service; | [CHI] 这些人被充分告知此类兵役所涉的责任； [~] |
| [ENG] (d) Such persons provide reliable proof of age prior to acceptance into national military service. | [CHI] 这些人在被接纳服本国兵役之前提供可靠的年龄证明。 [~] |
| [ENG] 4. Each State Party may strengthen its
declaration at any time by notification to that effect addressed to the
Secretary-General of the United Nations, who shall inform all States
Parties. | [CHI] 4. 每一缔约国可随时加强其声明，就此事通知联合国秘书长，由秘书长通知所有缔约国。 [~] |
| [ENG] Such notification shall take effect on the date on which it is received by the Secretary-General. | [CHI] 此种通知在秘书长收到之日起生效。 [~] |
| [ENG] 5. The requirement to raise the age in
paragraph 1 of the present article does not apply to schools operated by
or under the control of the armed forces of the States Parties, in
keeping with articles 28 and 29 of the Convention on the Rights of the
Child. | [CHI] 5. 按照《儿童权利公约》第28和第29条，提高本条第1款所述入伍年龄的规定不适用于缔约国武装部队开办或控制的学校。 [~] |
| [ENG] Article 4 | [CHI] 第 4 条 [~] |
| [ENG] 1. Armed groups that are distinct from the
armed forces of a State should not, under any circumstances, recruit or
use in hostilities persons under the age of 18 years. | [CHI] 1. 非国家武装部队的武装团体在任何情况下均不得招募或在敌对行动中使用不满18周岁的人。 [~] |
| [ENG] 2. States Parties shall take all feasible
measures to prevent such recruitment and use, including the adoption of
legal measures necessary to prohibit and criminalize such practices. | [CHI] 2. 缔约国应采取一切可行措施防止此种招募和使用，包括采取必要的法律措施禁止并将这种做法按刑事罪论处。 [~] |
| [ENG] 3. The application of the present article shall not affect the legal status of any party to an armed conflict. | [CHI] 3. 本条的适用不影响武装冲突任何当事方的法律地位。 [~] |
| [ENG] Article 5 | [CHI] 第 5 条 [~] |
| [ENG] Nothing in the present Protocol shall be
construed as precluding provisions in the law of a State Party or in
international instruments and international humanitarian law that are
more conducive to the realization of the rights of the child. | [CHI] 本议定书的任何规定不得被解释为排除更有利于实现儿童权利的缔约国法律或国际文书和国际人道主义法的规定。 [~] |
| [ENG] Article 6 | [CHI] 第 6 条 [~] |
| [ENG] 1. Each State Party shall take all necessary
legal, administrative and other measures to ensure the effective
implementation and enforcement of the provisions of the present Protocol
within its jurisdiction. | [CHI] 1. 每一缔约国应采取一切必要的法律、行政和其它措施，确保在其管辖范围内有效执行和实施本议定书的规定。 [~] |
| [ENG] 2. States Parties undertake to make the
principles and provisions of the present Protocol widely known and
promoted by appropriate means, to adults and children alike. | [CHI] 2. 缔约国承诺以适当手段使成人和儿童普遍知晓并向他们宣传本议定书的各项原则和规定。 [~] |
| [ENG] 3. States Parties shall take all feasible
measures to ensure that persons within their jurisdiction recruited or
used in hostilities contrary to the present Protocol are demobilized or
otherwise released from service. | [CHI] 3. 缔约国应采取一切可行措施，确保在违反本议定书的情况下被招募或用于敌对行动的本国管辖范围内的人退伍或退役。 [~] |
| [ENG] States Parties shall, when necessary, accord to
such persons all appropriate assistance for their physical and
psychological recovery and their social reintegration. | [CHI] 缔约国在必要时应向这些人提供一切适当援助，协助其恢复身心健康和重返社会。 [~] |
| [ENG] Article 7 | [CHI] 第 7 条 [~] |
| [ENG] 1. States Parties shall cooperate in the
implementation of the present Protocol, including in the prevention of
any activity contrary thereto and in the rehabilitation and social
reintegration of persons who are victims of acts contrary thereto,
including through technical cooperation and financial assistance. | [CHI] 1. 缔约国应通过技术合作和财政援助等方式合作执行本议定书，包括防止违反本议定书的任何活动，协助受违反本议定书行为之害的人康复和重返社会。 [~] |
| [ENG] Such assistance and cooperation will be
undertaken in consultation with the States Parties concerned and the
relevant international organizations. | [CHI] 提供此类援助和合作时，应与有关缔约国和有关国际组织磋商。 [~] |
| [ENG] 2. States Parties in a position to do so shall
provide such assistance through existing multilateral, bilateral or
other programmes or, inter alia, through a voluntary fund established in
accordance with the rules of the General Assembly. | [CHI] 2. 缔约国在有能力的情况下应通过现有的多边、双边或其它方案或通过按联合国大会规则设立的自愿基金提供此类援助。 [~] |
| [ENG] Article 8 | [CHI] 第 8 条 [~] |
| [ENG] 1. Each State Party shall, within two years
following the entry into force of the present Protocol for that State
Party, submit a report to the Committee on the Rights of the Child
providing comprehensive information on the measures it has taken to
implement the provisions of the Protocol, including the measures taken
to implement the provisions on participation and recruitment. | [CHI] 1. 每一缔约国应在本议定书对其生效两年内向儿童权利委员会提交一份报告，提供详尽资料，说明本国为执行议定书的规定而采取的措施，包括为执行关于参加和招募的条款而采取的措施。 [~] |
| [ENG] 2. Following the submission of the
comprehensive report, each State Party shall include in the reports it
submits to the Committee on the Rights of the Child, in accordance with
article 44 of the Convention, any further information with respect to
the implementation of the Protocol. | [CHI] 2. 提交全面报告后，每一缔约国应在根据公约第44条提交儿童权利委员会的报告中，提供与执行本议定书有关的任何进一步资料。 [~] |
| [ENG] Other States Parties to the Protocol shall submit a report every five years. | [CHI] 议定书的其他缔约国应每五年提交一份报告。 [~] |
| [ENG] 3. The Committee on the Rights of the Child may
request from States Parties further information relevant to the
implementation of the present Protocol. | [CHI] 3. 儿童权利委员会可要求缔约国提供与执行本议定书有关的进一步资料。 [~] |
| [ENG] Article 9 | [CHI] 第 9 条 [~] |
| [ENG] 1. The present Protocol is open for signature by any State that is a party to the Convention or has signed it. | [CHI] 1. 本议定书开放供公约任何缔约国或已签署公约的任何国家签署。 [~] |
| [ENG] 2. The present Protocol is subject to ratification and is open to accession by any State. | [CHI] 2. 本议定书须经批准并开放供任何国家加入。 [~] |
| [ENG] Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. | [CHI] 批准书或加入书应交存联合国秘书长。 [~] |
| [ENG] 3. The Secretary-General, in his capacity as
depositary of the Convention and the Protocol, shall inform all States
Parties to the Convention and all States that have signed the Convention
of each instrument of declaration pursuant to article 3. | [CHI] 3. 秘书长应以公约和本议定书保管人的身份，通知公约所有缔约国和已签署公约的所有国家根据第13条送交的每一份声明。 [~] |
| [ENG] Article 10 | [CHI] 第 10 条 [~] |
| [ENG] 1. The present Protocol shall enter into force
three months after the deposit of the tenth instrument of ratification
or accession. | [CHI] 1. 本议定书在第十份批准书或加入书交存后三个月生效。 [~] |
| [ENG] 2. For each State ratifying the present
Protocol or acceding to it after its entry into force, the Protocol
shall enter into force one month after the date of the deposit of its
own instrument of ratification or accession. | [CHI] 2. 对于在本议定书生效后批准或加入的国家，议定书在其批准书或加入书交存之日后一个月生效。 [~] |
| [ENG] Article 11 | [CHI] 第 11 条 [~] |
| [ENG] 1. Any State Party may denounce the present
Protocol at any time by written notification to the Secretary- General
of the United Nations, who shall thereafter inform the other States
Parties to the Convention and all States that have signed the
Convention. | [CHI] 1. 缔约国可在任何时候书面通知联合国秘书长退出本议定书，秘书长应立即通知公约其他缔约国和已签署公约的所有国家。 [~] |
| [ENG] The denunciation shall take effect one year 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一年生效。 [~] |
| [ENG] If, however, on the expiry of that year the
denouncing State Party is engaged in armed conflict, the denunciation
shall not take effect before the end of the armed conflict. | [CHI] 但是，在该年结束时如果退约缔约国正处于武装冲突之中，退约在武装冲突终止之前应仍未生效。 [~] |
| [ENG] 2. Such a denunciation shall not have the
effect of releasing the State Party from its obligations under the
present Protocol in regard to any act that occurs prior to the date on
which the denunciation becomes effective. | [CHI] 2. 此类退约不解除缔约国依本议定书对退约生效日期前发生的任何行为所承担的义务。 [~] |
| [ENG] Nor shall such a denunciation prejudice in any
way the continued consideration of any matter that is already under
consideration by the Committee on the Rights of the Child prior to the
date on which the denunciation becomes effective. | [CHI] 退约也绝不妨碍委员会继续审议在退约生效日期前业已开始审议的任何事项。 [~] |
| [ENG] Article 12 | [CHI] 第 12 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各缔约国，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 of the United Nations for approval. | [CHI] 经出席会议并参加表决的缔约国过半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 and accepted by a two-thirds
majority of States Parties. | [CHI] 2. 根据本条第1款通过的修正案如果获得大会批准并为缔约国三分之二多数接受，即行生效。 [~] |
| [ENG] 3. When an amendment enters into force, it
shall be binding on those States Parties that have accepted it, other
States Parties still being bound by the provisions of the present
Protocol and any earlier amendments 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议定书各项条款和它们已接受的任何早先的修正案的约束。 [~] |
| [ENG] Article 13 | [CHI] 第 13 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，应交存联合国档案库。 [~] |
| [ENG] 2. The Secretary-General of the United Nations
shall transmit certified copies of the present Protocol to all States
Parties to the Convention and all States that have signed the
Convention. | [CHI] 2. 联合国秘书长应将本议定书经证明无误的副本分送公约所有缔约国和已签署公约的所有国家。 [~] |
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