CVN/CRPD/OP CVN_CRPD_OP_E.doc (English)

CVN/CRPD/OP CVN_CRPD_OP_C.doc (Chinese)

[ENG] CVN_CRPD_OP_E.doc

[CHI] CVN_CRPD_OP_C.doc [~]

[ENG] Optional Protocol to the Convention on the Rights of Persons with Disabilities

[CHI] 残疾人权利公约任择议定书 [~]

[ENG] Adopted by A/RES/61/106 of 13 December 2006

[CHI] Adopted by A/RES/61/106 of 13 December 2006 [~]

[ENG] Entry into force: 3 May 2008

[CHI] Entry into force: 3 May 2008 [~]

[ENG] Text: Doc. A/61/611

[CHI] Text: Doc. A/61/611 [~]

[ENG] The States Parties to the present Protocol have agreed as follows:

[CHI] 本议定书缔约国议定如下: [~]

[ENG] Article 1

[CHI] 第一条 [~]

[ENG] 1. A State Party to the present Protocol ("State Party") recognizes the competence of the Committee on the Rights of Persons with Disabilities ("the Committee") to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.

[CHI] 本议定书缔约国（“缔约国”）承认残疾人权利委员会（“委员会”）有权接受和审议本国管辖下的个人自行或联名提出或以其名义提出的，声称因为该缔约国违反公约规定而受到伤害的来文。 [~]

[ENG] 2. 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] 二. 委员会不得接受涉及非本议定书缔约方的公约缔约国的来文。 [~]

[ENG] Article 2

[CHI] 第二条 [~]

[ENG] The Committee shall consider a communication inadmissible when:

[CHI] 来文有下列情形之一的，委员会应当视为不可受理: [~]

[ENG] (a) The communication is anonymous;

[CHI] 匿名； [~]

[ENG] (b) The communication constitutes an abuse of the right of submission of such communications or is incompatible with the provisions of the Convention;

[CHI] 滥用提交来文的权利或不符合公约的规定； [~]

[ENG] (c) 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一项国际调查或解决程序审查； [~]

[ENG] (d) All available domestic remedies have not been exhausted.

[CHI] 尚未用尽一切可用的国内补救办法。 [~]

[ENG] This shall not be the rule where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief;

[CHI] 如果补救办法的应用被不合理地拖延或不大可能带来有效的救济，本规则不予适用； [~]

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

[CHI] 明显没有根据或缺乏充分证据；或 [~]

[ENG] (f) 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] 所述事实发生在本议定书对有关缔约国生效之前，除非这些事实存续至生效之日后。 [~]

[ENG] Article 3

[CHI] 第三条 [~]

[ENG] Subject to the provisions of article 2 of the present Protocol, the Committee shall bring any communications submitted to it confidentially to the attention of the State Party.

[CHI] 在符合本议定书第二条的规定的情况下，委员会应当以保密方式提请有关缔约国注意向委员会提交的任何来文。 [~]

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

[CHI] 接受国应当在六个月内向委员会提交书面解释或陈述，澄清有关事项及该国可能已采取的任何补救措施。 [~]

[ENG] Article 4

[CHI] 第四条 [~]

[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] 委员会收到来文后，在对实质问题作出裁断前，可以随时向有关缔约国发出请求，请该国从速考虑采取必要的临时措施，以避免对声称权利被侵犯的受害人造成可能不可弥补的损害。 [~]

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

[CHI] 委员会根据本条第一款行使酌处权，并不意味对来文的可受理性或实质问题作出裁断。 [~]

[ENG] Article 5

[CHI] 第五条 [~]

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

[CHI] 委员会审查根据本议定书提交的来文，应当举行非公开会议。 [~]

[ENG] After examining a communication, the Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.

[CHI] 委员会在审查来文后，应当将委员会的任何提议和建议送交有关缔约国和请愿人。 [~]

[ENG] Article 6

[CHI] 第六条 [~]

[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 submit observations with regard to the information concerned.

[CHI] 如果委员会收到可靠资料，显示某一缔约国严重或系统地侵犯公约规定的权利，委员会应当邀请该缔约国合作审查这些资料及为此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] 在考虑了有关缔约国可能提出的任何意见以及委员会掌握的任何其他可靠资料后，委员会可以指派一名或多名委员会成员进行调查，从速向委员会报告。 [~]

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

[CHI] 必要时，在征得缔约国同意后，调查可以包括前往该国领土访问。 [~]

[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] 对调查结果进行审查后，委员会应当将调查结果连同任何评论和建议一并送交有关缔约国。 [~]

[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] 有关缔约国应当在收到委员会送交的调查结果、评论和建议后六个月内，向委员会提交本国意见。 [~]

[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] 调查应当以保密方式进行，并应当在程序的各个阶段寻求缔约国的合作。 [~]

[ENG] Article 7

[CHI] 第七条 [~]

[ENG] 1. The Committee may invite the State Party concerned to include in its report under article 35 of the Convention details of any measures taken in response to an inquiry conducted under article 6 of the present Protocol.

[CHI] 一. 委员会可以邀请有关缔约国在其根据公约第三十五条提交的报告中详细说明就根据本议定书第六条进行的调查所采取的任何回应措施。 [~]

[ENG] 2. The Committee may, if necessary, after the end of the period of six months referred to in article 6, paragraph 4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

[CHI] 委员会可以在必要时，在第六条第四款所述六个月期间结束后，邀请有关缔约国告知该国就调查所采取的回应措施。 [~]

[ENG] Article 8

[CHI] 第八条 [~]

[ENG] 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 6 and 7.

[CHI] 缔约国可以在签署或批准本议定书或加入本议定书时声明不承认第六条和第七条规定的委员会权限。 [~]

[ENG] Article 9

[CHI] 第九条 [~]

[ENG] The Secretary-General of the United Nations shall be the depositary of the present Protocol.

[CHI] 联合国秘书长为本议定书的保存人。 [~]

[ENG] Article 10

[CHI] 第十条 [~]

[ENG] The present Protocol shall be open for signature by signatory States and regional integration organizations of the Convention at United Nations Headquarters in New York as of 30 March 2007.

[CHI] 本议定书自二○○七年三月三十日起在纽约联合国总部开放给已签署公约的国家和区域一体化组织签署。 [~]

[ENG] Article 11

[CHI] 第十一条 [~]

[ENG] The present Protocol shall be subject to ratification by signatory States of the present Protocol which have ratified or acceded to the Convention. It shall be subject to formal confirmation by signatory regional integration organizations of the present Protocol which have formally confirmed or acceded to the Convention.

[CHI] 本议定书应当经批准或加入公约的本议定书签署国批准，经正式确认或加入公约的本议定书签署区域一体化组织正式确认。 [~]

[ENG] It shall be open for accession by any State or regional integration organization which has ratified, formally confirmed or acceded to the Convention and which has not signed the Protocol.

[CHI] 本议定书开放给业已批准、正式确认或加入公约但没有签署议定书的任何国家或区域一体化组织加入。 [~]

[ENG] Article 12

[CHI] 第十二条 [~]

[ENG] 1. "Regional integration organization" shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by the Convention and the present Protocol.

[CHI] “区域一体化组织”是指由某一区域的主权国家组成的组织，其成员国已将公约和本议定书所涉事项方面的权限移交该组织。 [~]

[ENG] Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by the Convention and the present Protocol.

[CHI] 这些组织应当在其正式确认书或加入书中声明其有关公约和本议定书所涉事项的权限范围。 [~]

[ENG] Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.

[CHI] 此后，这些组织应当将其权限范围的任何重大变更通知保存人。 [~]

[ENG] 2. References to "States Parties" in the present Protocol shall apply to such organizations within the limits of their competence.

[CHI] 本议定书提及“缔约国”之处，在上述组织的权限范围内，应当适用于这些组织。 [~]

[ENG] 3. For the purposes of article 13, paragraph 1, and article 15, paragraph 2, of the present Protocol, any instrument deposited by a regional integration organization shall not be counted.

[CHI] 为第十三条第一款和第十五条第二款的目的，区域一体化组织交存的任何文书均不在计算之列。 [~]

[ENG] 4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the meeting of States Parties, with a number of votes equal to the number of their member States that are Parties to the present Protocol.

[CHI] 区域一体化组织可以在缔约国会议上，对其权限范围内的事项行使表决权，其票数相当于已成为本议定书缔约国的组织成员国的数目。 [~]

[ENG] Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

[CHI] 如果区域一体化组织的任何成员国行使表决权，则该组织不得行使表决权，反之亦然。 [~]

[ENG] Article 13

[CHI] 第十三条 [~]

[ENG] 1. Subject to the entry into force of the Convention, the present Protocol shall enter into force on the thirtieth day after the deposit of the tenth instrument of ratification or accession.

[CHI] 在公约已经生效的情况下，本议定书应当在第十份批准书或加入书交存后的第三十天生效。 [~]

[ENG] 2. For each State or regional integration organization ratifying, formally confirming or acceding to the present Protocol after the deposit of the tenth such instrument, the Protocol shall enter into force on the thirtieth day after the deposit of its own such instrument.

[CHI] 对于在第十份批准书或加入书交存后批准、正式确认或加入本议定书的国家或区域一体化组织，本议定书应当在该国或组织交存各自的批准书、正式确认书或加入书后的第三十天生效。 [~]

[ENG] Article 14

[CHI] 第十四条 [~]

[ENG] 1. Reservations incompatible with the object and purpose of the present Protocol shall not be permitted.

[CHI] 保留不得与本议定书的目的和宗旨不符。 [~]

[ENG] 2. Reservations may be withdrawn at any time.

[CHI] 保留可随时撤回。 [~]

[ENG] Article 15

[CHI] 第十五条 [~]

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

[CHI] 任何缔约国均可以对本议定书提出修正案，提交联合国秘书长。 [~]

[ENG] The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a meeting of States Parties for the purpose of considering and deciding upon the proposals.

[CHI] 秘书长应当将任何提议修正案通告缔约国，请缔约国通知是否赞成召开缔约国会议以审议提案并就提案作出决定。 [~]

[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 meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations.

[CHI] 在上述通告发出之日后的四个月内，如果有至少三分之一的缔约国赞成召开缔约国会议，秘书长应当在联合国主持下召开会议。 [~]

[ENG] Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly of the United Nations for approval and thereafter to all States Parties for acceptance.

[CHI] 经出席并参加表决的缔约国三分之二多数通过的任何修正案应当由秘书长提交大会核可，然后提交所有缔约国接受。 [~]

[ENG] 2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment.

[CHI] 依照本条第一款的规定通过和核可的修正案，应当在交存的接受书数目达到修正案通过之日缔约国数目的三分之二后的第三十天生效。 [~]

[ENG] Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance.

[CHI] 此后，修正案应当在任何缔约国交存其接受书后的第三十天对该国生效。 [~]

[ENG] An amendment shall be binding only on those States Parties which have accepted it.

[CHI] 修正案只对接受该项修正案的缔约国具有约束力。 [~]

[ENG] Article 16

[CHI] 第十六条 [~]

[ENG] A State Party may denounce the present Protocol 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议定书。 [~]

[ENG] The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

[CHI] 退约应当在秘书长收到通知之日起一年后生效。 [~]

[ENG] Article 17

[CHI] 第十七条 [~]

[ENG] The text of the present Protocol shall be made available in accessible formats.

[CHI] 应当以无障碍模式提供本议定书文本。 [~]

[ENG] Article 18

[CHI] 第十八条 [~]

[ENG] The Arabic, Chinese, English, French, Russian and Spanish texts of the present Protocol shall be equally authentic.

[CHI] 本议定书的阿拉伯文、中文、英文、法文、俄文和西班牙文文本同等作准。 [~]

[ENG] IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Protocol.

[CHI] 下列签署人经各自政府正式授权在本议定书上签字，以昭信守。 [~]