| CVN/CRC/OPSC CVN_CRC_OPSC_E.doc (English) | CVN/CRC/OPSC CVN_CRC_OPSC_C.doc (Chinese) |
| [ENG] CVN_CRC_OPSC_E.doc | [CHI] CVN_CRC_OPSC_C.doc [~] |
| [ENG] Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and
child pornography | [CHI] 儿童权利公约关于买卖儿童、儿童卖淫和儿童色情制品问题的任择议定书 [~] |
| [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: 18 January 2002 | [CHI] Entry into force: 18 January 2002 [~] |
| [ENG] Text: United Nations, Treaty Series, vol. 2171, p. 227; | [CHI] Text: United Nations, Treaty Series, vol. 2171, p. 227; [~] |
| [ENG] Doc. A/RES/54/263; C.N.1032.2000.TREATIES-72 of
14 November 2000 [rectification of the the original of the Protocol
(Arabic, Chinese, English, French, Russian and Spanish authentic
texts)]; C.N.1008.2002.TREATIES-42 of 17 September 2002 (proposal of
corrections to the original chinese text) and C.N.1312.2002.TREATIES-49
of 16 December 2002 [rectification of the original of the Protocol
(Chinese authentic text)]. | [CHI] Doc. A/RES/54/263;
C.N.1032.2000.TREATIES-72 of 14 November 2000 [rectification of the the
original of the Protocol (Arabic, Chinese, English, French, Russian and
Spanish authentic texts)]; C.N.1008.2002.TREATIES-42 of 17 September
2002 (proposal of corrections to the original chinese text) and
C.N.1312.2002.TREATIES-49 of 16 December 2002 [rectification of the
original of the Protocol (Chinese authentic text)]. [~] |
| [ENG] The States Parties to the present Protocol, | [CHI] 本议定书各缔约国， [~] |
| [ENG] Considering that, in order further to achieve
the purposes of the Convention on the Rights of the Child and the
implementation of its provisions, especially articles 1, 11, 21, 32, 33,
34, 35 and 36, it would be appropriate to extend the measures that
States Parties should undertake in order to guarantee the protection of
the child from the sale of children, child prostitution and child
pornography, | [CHI] 考虑到为了进一步实现《儿童权利公约》的宗旨并执行其各项规定，特别是第1条、第11条、第21条、第32条、第33条、第34条、第35条和第36条，应当扩大各缔约国应为确保保护儿童免遭买卖儿童、儿童卖淫和儿童色情制品之害而采取的各项措施， [~] |
| [ENG] Considering also that the Convention on the
Rights of the Child recognizes 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] 又考虑到《儿童权利公约》确认儿童有权受到保护，不受经济剥削，不从事可能有危害性或可能影响其教育或有害儿童的健康或身体、心理、精神、道德或社会发展的任何工作， [~] |
| [ENG] Gravely concerned at the significant and
increasing international traffic in children for the purpose of the sale
of children, child prostitution and child pornography, | [CHI] 严重关切为买卖儿童、儿童卖淫和儿童色情制品的目的而进行的国际儿童贩运十分猖獗且日益严重， [~] |
| [ENG] Deeply concerned at the widespread and
continuing practice of sex tourism, to which children are especially
vulnerable, as it directly promotes the sale of children, child
prostitution and child pornography, | [CHI] 深切关注特别容易侵害儿童的色情旅游仍然广泛存在，因为它直接助长了买卖儿童、儿童卖淫和儿童色情制品， [~] |
| [ENG] Recognizing that a number of particularly
vulnerable groups, including girl children, are at greater risk of
sexual exploitation and that girl children are disproportionately
represented among the sexually exploited, | [CHI] 认识到包括女童在内的一些特别脆弱的群体较易遭受性剥削，并认识到性剥削的受害人以女童居多， [~] |
| [ENG] Concerned about the growing availability of
child pornography on the Internet and other evolving technologies, and
recalling the International Conference on Combating Child Pornography on
the Internet, held in Vienna in 1999, in particular its conclusion
calling for the worldwide criminalization of the production,
distribution, exportation, transmission, importation, intentional
possession and advertising of child pornography, and stressing the
importance of closer cooperation and partnership between Governments and
the Internet industry, | [CHI]
关注互联网和其他不断发展的技术提供的儿童色情制品越来越多，并回顾打击互联网上的儿童色情制品国际会议(1999年，维也纳)，特别是其结论要求世界各
地将儿童色情制品的制作、分销、出口、传送、进口、蓄意拥有和广告宣传按刑事罪论处，并强调各国政府与互联网业界建立更加密切的合作与伙伴关系的重要性，
[~] |
| [ENG] Believing that the elimination of the sale of
children, child prostitution and child pornography will be facilitated
by adopting a holistic approach, addressing the contributing factors,
including underdevelopment, poverty, economic disparities, inequitable
socio-economic structure, dysfunctioning families, lack of education,
urban-rural migration, gender discrimination, irresponsible adult sexual
behaviour, harmful traditional practices, armed conflicts and
trafficking in children, | [CHI]
认为应采用一种全面的方法来消除引发性因素，其中包括发展不足、贫困、经济失衡、社会经济结构不公平、家庭瘫痪、缺乏教育、城乡移徙、性别歧视、不负责任
的成人性行为、有害的传统习俗、武装冲突和贩卖儿童，从而有助于消除买卖儿童、儿童卖淫和儿童色情制品， [~] |
| [ENG] Believing also that efforts to raise public
awareness are needed to reduce consumer demand for the sale of children,
child prostitution and child pornography, and believing further in the
importance of strengthening global partnership among all actors and of
improving law enforcement at the national level, | [CHI] 又认为需要努力提高公众意识，以减少消费者对买卖儿童、儿童卖淫和儿童色情制品的需求，还认为必须加强各行动者的全球合作以及在国家一级改善执法行动的重要性， [~] |
| [ENG] Noting the provisions of international legal
instruments relevant to the protection of children, including the Hague
Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption, the Hague Convention on the Civil Aspects of
International Child Abduction, the Hague Convention on Jurisdiction,
Applicable Law, Recognition, Enforcement and Cooperation in Respect of
Parental Responsibility and Measures for the Protection of Children, and
International Labour Organization Convention No. 182 on the Prohibition
and Immediate Action for the Elimination of the Worst Forms of Child
Labour, | [CHI]
注意到关于保护儿童的国际法律文书的各项规定，其中包括《保护儿童和国家间收养方面合作海牙公约》、《国际儿童拐骗事件的民事问题海牙公约》、《关于在父
母责任和保护儿童措施方面的管辖权、适用法律、承认、执行和合作的海牙公约》以及国际劳工组织《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》， [~] |
| [ENG] Encouraged by the overwhelming support for the
Convention on the Rights of the Child, demonstrating the widespread
commitment that exists 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] Recognizing the importance of the
implementation of the provisions of the Programme of Action for the
Prevention of the Sale of Children, Child Prostitution and Child
Pornography and the Declaration and Agenda for Action adopted at the
World Congress against Commercial Sexual Exploitation of Children, held
in Stockholm from 27 to 31 August 1996, and the other relevant decisions
and recommendations of pertinent international bodies, | [CHI] 认识到执行《防止买卖儿童、儿童卖淫和儿童色情制品行动纲领》和1996年8月27日至31日在斯德哥尔摩举行的反对利用儿童从事商业色情活动世界大会的《宣言和行动议程》的规定以及有关国际组织的其他有关决定和建议的重要性， [~] |
| [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] Have agreed as follows: | [CHI] 兹协议如下： [~] |
| [ENG] Article 1 | [CHI] 第 1 条 [~] |
| [ENG] States Parties shall prohibit the sale of
children, child prostitution and child pornography as provided for by
the present Protocol. | [CHI] 缔约国应根据本议定书的规定，禁止买卖儿童、儿童卖淫和儿童色情制品。 [~] |
| [ENG] Article 2 | [CHI] 第 2 条 [~] |
| [ENG] For the purposes of the present Protocol: | [CHI] 为本议定书的目的： [~] |
| [ENG] (a) Sale of children means any act or
transaction whereby a child is transferred by any person or group of
persons to another for remuneration or any other consideration; | [CHI] 买卖儿童系指任何人或群体将儿童转予另一人或群体以换取报酬或其他补偿的行为或交易； [~] |
| [ENG] (b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; | [CHI] 儿童卖淫系指在性活动中利用儿童以换取报酬或其他补偿； [~] |
| [ENG] (c) Child pornography means any representation,
by whatever means, of a child engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a child
for primarily sexual purposes. | [CHI] 儿童色情制品系指以任何手段显示儿童进行真实或模拟的露骨性活动或主要为诲淫而显示儿童性器官的制品。 [~] |
| [ENG] Article 3 | [CHI] 第 3 条 [~] |
| [ENG] 1. Each State Party shall ensure that, as a
minimum, the following acts and activities are fully covered under its
criminal or penal law, whether such offences are committed domestically
or transnationally or on an individual or organized basis: | [CHI] 1. 每一缔约国应起码确保本国刑法对下列行为和活动作出充分的规定，不论这些犯罪行为是在国内还是跨国实施的，也不论是个人还是有组织地实施的： [~] |
| [ENG] (a) In the context of sale of children as defined in article 2: | [CHI] 在第2条界定的买卖儿童的范围内，这些罪行是指： [~] |
| [ENG] (i) Offering, delivering or accepting, by whatever means, a child for the purpose of: | [CHI] 为下述目的以任何手段提供、送交或接受儿童： [~] |
| [ENG] a. Sexual exploitation of the child; | [CHI] a. 对儿童进行性剥削； [~] |
| [ENG] b. Transfer of organs of the child for profit; | [CHI] b. 为牟利而转移儿童器官； [~] |
| [ENG] c. Engagement of the child in forced labour; | [CHI] c. 使用儿童从事强迫劳动； [~] |
| [ENG] (ii) Improperly inducing consent, as an
intermediary, for the adoption of a child in violation of applicable
international legal instruments on adoption; | [CHI] 作为中介不正当地诱使同意，以违反适用的有关收养的国际法律文书的方式收养儿童； [~] |
| [ENG] (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2; | [CHI] 出售、获取、介绍或提供儿童，进行第2条所界定的儿童卖淫活动； [~] |
| [ENG] (c) Producing, distributing, disseminating,
importing, exporting, offering, selling or possessing for the above
purposes child pornography as defined in article 2. | [CHI] 为上述目的制作、分销、传送、进口、出口、出售、销售或拥有第2条所界定的儿童色情制品。 [~] |
| [ENG] 2. Subject to the provisions of the national
law of a State Party, the same shall apply to an attempt to commit any
of the said acts and to complicity or participation in any of the said
acts. | [CHI] 2. 在不违反缔约国本国法律规定的情况下，同样的法律规定应适用于这些行为的犯罪未遂、共谋或共犯。 [~] |
| [ENG] 3. Each State Party shall make such offences
punishable by appropriate penalties that take into account their grave
nature. | [CHI] 3. 每一缔约国应按照罪行的严重程度，以适当刑罚惩处这些罪行。 [~] |
| [ENG] 4. Subject to the provisions of its national
law, each State Party shall take measures, where appropriate, to
establish the liability of legal persons for offences established in
paragraph 1 of the present article. | [CHI] 4. 在不违反本国法律规定的情况下，每一缔约国应酌情采取适当措施确定法人对本条第1款规定的罪行的责任。 [~] |
| [ENG] Subject to the legal principles of the State
Party, such liability of legal persons may be criminal, civil or
administrative. | [CHI] 在不违反缔约国的法律原则的情况下，可将法人的这一责任定为刑事、民事或行政责任。 [~] |
| [ENG] 5. States Parties shall take all appropriate
legal and administrative measures to ensure that all persons involved in
the adoption of a child act in conformity with applicable international
legal instruments. | [CHI] 5. 缔约国应采取一切适当的法律和行政措施，确保参与儿童收养的所有人均按照适用的国际法律文书行事。 [~] |
| [ENG] Article 4 | [CHI] 第 4 条 [~] |
| [ENG] 1. Each State Party shall take such measures as
may be necessary to establish its jurisdiction over the offences
referred to in article 3, paragraph 1, when the offences are commited in
its territory or on board a ship or aircraft registered in that State. | [CHI] 1. 当第3条第1款所述罪行在其境内或其为注册国的船只或飞行器上实施时，每一缔约国应采取必要的措施，确立其对这些罪行的管辖权。 [~] |
| [ENG] 2. Each State Party may take such measures as
may be necessary to establish its jurisdiction over the offences
referred to in article 3, paragraph 1, in the following cases: | [CHI] 2. 每一缔约国可在下列情况下采取必要措施，确立其对第3条第1款所述罪行的管辖权： [~] |
| [ENG] (a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory; | [CHI] 犯罪嫌疑人为该国国民或惯常居所在该国境内的人； [~] |
| [ENG] (b) When the victim is a national of that State. | [CHI] 受害人为该国国民。 [~] |
| [ENG] 3. Each State Party shall also take such
measures as may be necessary to establish its jurisdiction over the
aforementioned offences when the alleged offender is present in its
territory and it does not extradite him or her to another State Party on
the ground that the offence has been committed by one of its nationals. | [CHI] 3. 犯罪嫌疑人在该国境内而该国因罪行系由其国民所实施而不将其引渡至另一个缔约国时，该缔约国也应采取必要措施确立它对上述罪行的管辖权。 [~] |
| [ENG] 4. The present Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law. | [CHI] 4. 本议定书不排除根据国内法行使的任何刑事管辖权。 [~] |
| [ENG] Article 5 | [CHI] 第 5 条 [~] |
| [ENG] 1. The offences referred to in article 3,
paragraph 1, shall be deemed to be included as extraditable offences in
any extradition treaty existing between States Parties and shall be
included as extraditable offences in every extradition treaty
subsequently concluded between them, in accordance with the conditions
set forth in such treaties. | [CHI] 1. 第3条第1款所述罪行应视为可引渡罪行列入缔约国之间现有的任何引渡条约，并且应根据各缔约国之间后来缔结的每一项引渡条约所规定的条件将这些罪行作为可引渡罪行列入这些条约。 [~] |
| [ENG] 2. If a State Party that makes extradition
conditional on the existence of a treaty receives a request for
extradition from another State Party with which it has no extradition
treaty, it may consider the present Protocol to be a legal basis for
extradition in respect of such offences. | [CHI] 2. 以订有条约为引渡条件的缔约国在接到未与其缔结任何引渡条约的另一个缔约国提出的引渡请求时，可将本议定书视为就这些罪行进行引渡的法律依据。 [~] |
| [ENG] Extradition shall be subject to the conditions provided by the law of the requested State. | [CHI] 引渡应当符合被请求国法律规定的条件。 [~] |
| [ENG] 3. States Parties that do not make extradition
conditional on the existence of a treaty shall recognize such offences
as extraditable offences between themselves subject to the conditions
provided by the law of the requested State. | [CHI] 3. 不以订有条约作为引渡条件的缔约国应将这类罪行视为在它们之间可进行引渡的罪行，但须遵守被请求国法律规定的条件。 [~] |
| [ENG] 4. Such offences shall be treated, for the
purpose of extradition between States Parties, as if they had been
committed not only in the place in which they occurred but also in the
territories of the States required to establish their jurisdiction in
accordance with article 4. | [CHI] 4. 为了在缔约国之间进行引渡的目的，此类罪行不仅应被视为在罪行发生地实施的罪行，而且应被视为在必须根据第4条确立其管辖权的国家境内实施的罪行。 [~] |
| [ENG] 5. If an extradition request is made with
respect to an offence described in article 3, paragraph 1, and the
requested State Party does not or will not extradite on the basis of the
nationality of the offender, that State shall take suitable measures to
submit the case to its competent authorities for the purpose of
prosecution. | [CHI] 5. 就第3条第1款所述的一项罪行提出引渡要求时，如果被请求的缔约国基于罪犯的国籍而不予引渡或不愿引渡，则该国应当采取适当措施将案件提交其主管当局进行起诉。 [~] |
| [ENG] Article 6 | [CHI] 第 6 条 [~] |
| [ENG] 1. States Parties shall afford one another the
greatest measure of assistance in connection with investigations or
criminal or extradition proceedings brought in respect of the offences
set forth in article 3, paragraph 1, including assistance in obtaining
evidence at their disposal necessary for the proceedings. | [CHI] 1. 对第3条第1款所述罪行进行调查或提起刑事诉讼或引渡程序时，各缔约国应当相互给予最大程度的协助，其中包括协助获取它们掌握的对进行这种程序所必要的证据。 [~] |
| [ENG] 2. States Parties shall carry out their
obligations under paragraph 1 of the present article in conformity with
any treaties or other arrangements on mutual legal assistance that may
exist between them. | [CHI] 2. 各缔约国应当根据它们之间可能已存在的任何司法互助条约或其他安排履行它们在本条第1款之下承担的义务。 [~] |
| [ENG] In the absence of such treaties or
arrangements, States Parties shall afford one another assistance in
accordance with their domestic law. | [CHI] 在不存在这类条约或安排的情况下，各缔约国应根据其国内法提供互助。 [~] |
| [ENG] Article 7 | [CHI] 第 7 条 [~] |
| [ENG] States Parties shall, subject to the provisions of their national law: | [CHI] 缔约国应根据本国法律的规定： [~] |
| [ENG] (a) Take measures to provide for the seizure and confiscation, as appropriate, of: | [CHI] 采取措施，规定酌情扣押和没收： [~] |
| [ENG] (i) Goods, such as materials, assets and other
instrumentalities used to commit or facilitate offences under the
present protocol; | [CHI] 用于实施或便利进行本议定书所规定的罪行的材料、资产和其他工具等物品； [~] |
| [ENG] (ii) Proceeds derived from such offences; | [CHI] 犯罪所得收益； [~] |
| [ENG] (b) Execute requests from another State Party
for seizure or confiscation of goods or proceeds referred to in
subparagraph (a); | [CHI] 执行另一个缔约国提出的请求扣押或没收(a)㈠项所述物品或收益； [~] |
| [ENG] (c) Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such offences. | [CHI] 采取措施暂时或永久地查封用于实施这些罪行的场所。 [~] |
| [ENG] Article 8 | [CHI] 第 8 条 [~] |
| [ENG] 1. States Parties shall adopt appropriate
measures to protect the rights and interests of child victims of the
practices prohibited under the present Protocol at all stages of the
criminal justice process, in particular by: | [CHI] 1. 缔约国应当采取适当措施，在刑事司法程序的各个阶段保护受本议定书所禁止的行为之害的儿童的权益，特别应当： [~] |
| [ENG] (a) Recognizing the vulnerability of child
victims and adapting procedures to recognize their special needs,
including their special needs as witnesses; | [CHI] 承认受害儿童的脆弱性并变通程序，以照顾他们的特别需要，其中包括作证儿童的特别需要； [~] |
| [ENG] (b) Informing child victims of their rights,
their role and the scope, timing and progress of the proceedings and of
the disposition of their cases; | [CHI] 向受害儿童讲述其权利、作用和程序的范围、时间和进度以及对其案件的处置； [~] |
| [ENG] (c) Allowing the views, needs and concerns of
child victims to be presented and considered in proceedings where their
personal interests are affected, in a manner consistent with the
procedural rules of national law; | [CHI] 按照本国法律的程序规则允许在影响到受害儿童的个人利益的程序中提出和考虑受害儿童的意见、需要和问题； [~] |
| [ENG] (d) Providing appropriate support services to child victims throughout the legal process; | [CHI] 在整个法律程序中向受害儿童提供适当的支助服务； [~] |
| [ENG] (e) Protecting, as appropriate, the privacy and
identity of child victims and taking measures in accordance with
national law to avoid the inappropriate dissemination of information
that could lead to the identification of child victims; | [CHI] 适当保护受害儿童的隐私和身份，并根据本国法律采取措施，避免不当发布可能导致暴露受害儿童身份的消息； [~] |
| [ENG] (f) Providing, in appropriate cases, for the
safety of child victims, as well as that of their families and witnesses
on their behalf, from intimidation and retaliation; | [CHI] 在适当情况下确保受害儿童及其家庭和为其作证的人的安全，使他们不受恐吓和报复； [~] |
| [ENG] (g) Avoiding unnecessary delay in the
disposition of cases and the execution of orders or decrees granting
compensation to child victims. | [CHI] 在处理案件和执行向受害儿童提供赔偿的命令或法令方面避免不必要的延误。 [~] |
| [ENG] 2. States Parties shall ensure that uncertainty
as to the actual age of the victim shall not prevent the initiation of
criminal investigations, including investigations aimed at establishing
the age of the victim. | [CHI] 2. 缔约国应当确保受害人实际年龄不详不妨碍开展刑事调查，包括旨在查明受害人年龄的调查。 [~] |
| [ENG] 3. States Parties shall ensure that, in the
treatment by the criminal justice system of children who are victims of
the offences described in the present Protocol, the best interest of the
child shall be a primary consideration. | [CHI] 3. 缔约国应当确保刑事司法系统在对待受本议定书所述罪行之害的儿童方面，应以儿童的最大利益为首要考虑。 [~] |
| [ENG] 4. States Parties shall take measures to ensure
appropriate training, in particular legal and psychological training,
for the persons who work with victims of the offences prohibited under
the present Protocol. | [CHI] 4. 缔约国应当采取措施，确保对在业务上与本议定书所禁止的罪行的受害人接触的人员进行适当的培训，特别是法律和心理培训。 [~] |
| [ENG] 5. States Parties shall, in appropriate cases,
adopt measures in order to protect the safety and integrity of those
persons and/or organizations involved in the prevention and/or
protection and rehabilitation of victims of such offences. | [CHI] 5. 缔约国应在适当情况下采取措施，保护从事防止这种罪行和(或)保护和帮助这种罪行的受害人康复的人员和(或)组织的安全和完整性。 [~] |
| [ENG] 6. Nothing in the present article shall be
construed to be prejudicial to or inconsistent with the rights of the
accused to a fair and impartial trial. | [CHI] 6. 本条的任何规定均不应解释为妨碍或违反被告人享有公平和公正审判的权利。 [~] |
| [ENG] Article 9 | [CHI] 第 9 条 [~] |
| [ENG] 1. States Parties shall adopt or strengthen,
implement and disseminate laws, administrative measures, social policies
and programmes to prevent the offences referred to in the present
Protocol. | [CHI] 1. 缔约国应制定或加强、执行和宣传法律、行政措施、社会政策和方案，以防止本议定书所述各项罪行。 [~] |
| [ENG] Particular attention shall be given to protect children who are especially vulnerable to such practices. | [CHI] 应当特别重视保护特别容易遭受这些做法伤害的儿童。 [~] |
| [ENG] 2. States Parties shall promote awareness in
the public at large, including children, through information by all
appropriate means, education and training, about the preventive measures
and harmful effects of the offences referred to in the present
Protocol. | [CHI] 2. 缔约国应当通过以各种恰当手段进行宣传、教育和培训，提高包括儿童在内的广大公众对本议定书所述罪行的预防措施以及这些罪行的有害影响的认识。 [~] |
| [ENG] In fulfilling their obligations under this
article, States Parties shall encourage the participation of the
community and, in particular, children and child victims, in such
information and education and training programmes, including at the
international level. | [CHI] 缔约国在履行其在本条款下承担的义务时应当鼓励社区、特别是儿童和受害儿童参与包括在国际一级开展的这类宣传、教育和培训方案。 [~] |
| [ENG] 3. States Parties shall take all feasible
measures with the aim of ensuring all appropriate assistance to victims
of such offences, including their full social reintegration and their
full physical and psychological recovery. | [CHI] 3. 缔约国应当采取一切可行措施，确保向这些罪行的受害人提供一切适当的援助，包括使他们真正重返社会并使他们身心完全康复。 [~] |
| [ENG] 4. States Parties shall ensure that all child
victims of the offences described in the present Protocol have access to
adequate procedures to seek, without discrimination, compensation for
damages from those legally responsible. | [CHI] 4. 缔约国应当确保本议定书所述罪行的所有受害儿童均有权提起适当程序，在无歧视的情况下要求应负法律责任者作出损害赔偿。 [~] |
| [ENG] 5. States Parties shall take appropriate
measures aimed at effectively prohibiting the production and
dissemination of material advertising the offences described in the
present Protocol. | [CHI] 5. 缔约国应当采取适当措施，有效禁止制作和散播宣传本议定书所述罪行的材料。 [~] |
| [ENG] Article 10 | [CHI] 第 10 条 [~] |
| [ENG] 1. States Parties shall take all necessary
steps to strengthen international cooperation by multilateral, regional
and bilateral arrangements for the prevention, detection, investigation,
prosecution and punishment of those responsible for acts involving the
sale of children, child prostitution, child pornography and child sex
tourism. | [CHI] 1. 缔约国应采取一切必要步骤，加强国际合作，作出多边、区域和双边安排，以防止、侦察、调查、起诉和惩治涉及买卖儿童、儿童卖淫、儿童色情制品和狎童旅游行为的责任者。 [~] |
| [ENG] States Parties shall also promote international
cooperation and coordination between their authorities, national and
international non-governmental organizations and international
organizations. | [CHI] 缔约国还应促进本国政府机关、本国和国际非政府组织和国际组织的国际合作与协调。 [~] |
| [ENG] 2. States Parties shall promote international
cooperation to assist child victims in their physical and psychological
recovery, social reintegration and repatriation. | [CHI] 2. 缔约国应当促进国际合作，协助受害儿童身心康复和重返社会，并协助遣送受害儿童回国。 [~] |
| [ENG] 3. States Parties shall promote the
strengthening of international cooperation in order to address the root
causes, such as poverty and underdevelopment, contributing to the
vulnerability of children to the sale of children, child prostitution,
child pornography and child sex tourism. | [CHI] 3. 缔约国应当促进加强国际合作，以消除贫困和发展不足等促使儿童易受买卖儿童、儿童卖淫、儿童色情制品和狎童旅游等行为之害的根源。 [~] |
| [ENG] 4. States Parties in a position to do so shall
provide financial, technical or other assistance through existing
multilateral, regional, bilateral or other programmes. | [CHI] 4. 缔约国在有能力的情况下应当通过现有的多边、区域、双边或其他方案提供财政、技术或其他援助。 [~] |
| [ENG] Article 11 | [CHI] 第 11 条 [~] |
| [ENG] Nothing in the present Protocol shall affect
any provisions that are more conducive to the realization of the rights
of the child and that may be contained in: | [CHI] 本议定书的任何规定不应影响更有利于实现儿童权利的任何规定，包括下列法律所载的任何规定： [~] |
| [ENG] (a) The law of a State Party; | [CHI] 缔约国的法律；或 [~] |
| [ENG] (b) International law in force for that State. | [CHI] 对该国生效的国际法。 [~] |
| [ENG] Article 12 | [CHI] 第 12 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. | [CHI] 1. 每一缔约国应在本议定书对该缔约国生效后两年内向儿童权利委员会提交一份报告，提供其为执行本议定书的规定而采取的各项措施的详尽资料。 [~] |
| [ENG] 2. Following the submission of the
comprehensive report, each State Party shall include in the reports they
submit 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 present Protocol. | [CHI] 2. 在提交全面报告后，每一缔约国应在其根据公约第44条向儿童权利委员会递交的报告中进一步列入执行本议定书的任何其他资料。 [~] |
| [ENG] Other States Parties to the Protocol shall submit a report every five years. | [CHI] 本议定书的其他缔约国应每五年递交一份报告。 [~] |
| [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各缔约国提供有关执行本议定书的进一步资料。 [~] |
| [ENG] Article 13 | [CHI] 第 13 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 that is a party to
the Convention or has signed it. | [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] Article 14 | [CHI] 第 14 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，议定书在其交存批准书或加入书之日后一个月生效。 [~] |
| [ENG] Article 15 | [CHI] 第 15 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. 任何缔约国均可在任何时候书面通知联合国秘书长退出本议定书，秘书长应当立即通知公约其他缔约国和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] 退约在秘书长收到通知之日后一年生效。 [~] |
| [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 offence 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罪行承担的义务。 [~] |
| [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 16 | [CHI] 第 16 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 17 | [CHI] 第 17 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签署公约的所有国家。 [~] |
| |
