| CVN/ICMW CVN_ICMW_E.doc (English) | CVN/ICMW CVN_ICMW_C.doc (Chinese) |
| [ENG] CVN_ICMW_E.doc | [CHI] CVN_ICMW_C.doc [~] |
| [ENG] International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families | [CHI] 保护所有移徙工人及其家庭成员权利国际公约 [~] |
| [ENG] Adopted by General Assembly resolution 45/158 of 18 December 1990 | [CHI] Adopted by General Assembly resolution 45/158 of 18 December 1990 [~] |
| [ENG] Entry into force: 1 July 2003 | [CHI] Entry into force: 1 July 2003 [~] |
| [ENG] Text: United Nations, Treaty Series, vol. 2220, p. 3; Doc. A/RES/45/158. | [CHI] Text: United Nations, Treaty Series, vol. 2220, p. 3; Doc. A/RES/45/158. [~] |
| [ENG] PREAMBLE | [CHI] 序 言 [~] |
| [ENG] The States Parties to the present Convention, | [CHI] 本公约缔约国， [~] |
| [ENG] Taking into account the principles embodied in
the basic instruments of the United Nations concerning human rights, in
particular the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civil and Political Rights, the International Convention on
the Elimination of All Forms of Racial Discrimination, the Convention on
the Elimination of All Forms of Discrimination against Women and the
Convention on the Rights of the Child, | [CHI] 考虑到联合国关于人权的各项基本文书，尤其是《世界人权宣言》、《经济、社会、文化权利国际盟约》、《公民权利和政治权利国际盟约》、《消除一切形式种族歧视国际公约》、《消除对妇女一切形式歧视公约》和《儿童权利公约》内载的原则， [~] |
| [ENG] Taking into account also the principles and
standards set forth in the relevant instruments elaborated within the
framework of the International Labour Organisation, especially the
Convention concerning Migration for Employment (No. 97), the Convention
concerning Migrations in Abusive Conditions and the Promotion of
Equality of Opportunity and Treatment of Migrant Workers (No. 143), the
Recommendation concerning Migration for Employment (No. 86), the
Recommendation concerning Migrant Workers (No. 151), the Convention
concerning Forced or Compulsory Labour (No. 29) and the Convention
concerning Abolition of Forced Labour (No. 105), | [CHI]
又考虑到在国际劳工组织体制内拟订的各项有关文书内载的原则和标准，特别是《关于移徙就业的公约》(第97号)和《关于恶劣情况下的移徙和促进移徙工人机
会和待遇平等的公约》(第143号)、《关于移徙就业的建议书》(第86号)和《关于移徙工人的建议书》(第151号)，以及《关于强迫或强制劳动的公
约》(第29号)和《关于废止强迫劳动的公约》(第105号)， [~] |
| [ENG] Reaffirming the importance of the principles
contained in the Convention against Discrimination in Education of the
United Nations Educational, Scientific and Cultural Organization, | [CHI] 重申联合国教育、科学及文化组织《反对教育歧视公约》内载的原则的重要性， [~] |
| [ENG] Recalling the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Declaration of the Fourth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, the Code of Conduct for Law
Enforcement Officials, and the Slavery Conventions, | [CHI] 回顾《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》、《第四届联合国预防犯罪和罪犯待遇大会宣言》、《执法人员行为守则》和各项有关禁奴的公约， [~] |
| [ENG] Recalling that one of the objectives of the
International Labour Organisation, as stated in its Constitution, is the
protection of the interests of workers when employed in countries other
than their own, and bearing in mind the expertise and experience of
that organization in matters related to migrant workers and members of
their families, | [CHI] 回顾按照国际劳工组织的章程，劳工组织的目标之一是保护非在本国就业的工人的利益，铭记该组织在有关移徙工人及其家庭成员的事项方面具有专家知识和经验， [~] |
| [ENG] Recognizing the importance of the work done in
connection with migrant workers and members of their families in various
organs of the United Nations, in particular in the Commission on Human
Rights and the Commission for Social Development, and in the Food and
Agriculture Organization of the United Nations, the United Nations
Educational, Scientific and Cultural Organization and the World Health
Organization, as well as in other international organizations, | [CHI] 认识到在联合国各机关内，所进行的有关移徙工人及其家庭成员的工作的重要性，特别是在人权委员会和社会发展委员会，在联合国粮食及农业组织、联合国教育、科学及文化组织和世界卫生组织以及在其他国际组织内， [~] |
| [ENG] Recognizing also the progress made by certain
States on a regional or bilateral basis towards the protection of the
rights of migrant workers and members of their families, as well as the
importance and usefulness of bilateral and multilateral agreements in
this field, | [CHI] 又认识到一些国家在区域或双边基础上在保护移徙工人及其家庭成员的权利方面所取得的进展，以及在这个领域各项双边和多边协定的重要性和效用， [~] |
| [ENG] Realizing the importance and extent of the
migration phenomenon, which involves millions of people and affects a
large number of States in the international community, | [CHI] 认识到移徙现象的重要性和规模，涉及到千百万人和影响到国际社会中的许多国家， [~] |
| [ENG] Aware of the impact of the flows of migrant
workers on States and people concerned, and desiring to establish norms
which may contribute to the harmonization of the attitudes of States
through the acceptance of basic principles concerning the treatment of
migrant workers and members of their families, | [CHI] 意识到移徙工人的流动对各国和有关人民的影响，并愿意建立规范，通过接受关于移徙工人及其家庭成员待遇的基本原则，或可帮助协调各国的看法， [~] |
| [ENG] Considering the situation of vulnerability in
which migrant workers and members of their families frequently-find
themselves owing, among other things, to their absence from their State
of origin and to the difficulties they may encounter arising from their
presence in the State of employment, | [CHI] 考虑到移徙工人及其家庭成员往往由于离开了他们的原籍国以及在就业国逗留可能遭遇到困难等等原因而面临的脆弱处境， [~] |
| [ENG] Convinced that the rights of migrant workers
and members of their families have not been sufficiently recognized
everywhere and therefore require appropriate international protection, | [CHI] 深信移徙工人及其家庭成员的权利尚未在世界各地得到充分的确认，因此需要适当的国际保护， [~] |
| [ENG] Taking into account the fact that migration is
often the cause of serious problems for the members of the families of
migrant workers as well as for the workers themselves, in particular
because of the scattering of the family, | [CHI] 考虑到移徙往往对移徙工人的家庭成员及其本人造成严重问题，特别是由于家庭分散的原因， [~] |
| [ENG] Bearing in mind that the human problems
involved in migration are even more serious in the case of irregular
migration and convinced therefore that appropriate action should be
encouraged in order to prevent and eliminate clandestine movements and
trafficking in migrant workers, while at the same time assuring the
protection of their fundamental human rights, | [CHI] 铭记移徙过程中所涉及的人的问题在不正常的移徙中更为严重，因此深信应鼓励采取适当行动以期防止和消灭对移徙工人的秘密移动和运输，同时保证他们的基本人权得到保护， [~] |
| [ENG] Considering that workers who are non-documented
or in an irregular situation are frequently employed under less
favourable conditions of work than other workers and that certain
employers find this an inducement to seek such labour in order to reap
the benefits of unfair competition, | [CHI] 考虑到没有证件或身份不正常的工人受雇的工作条件往往比其他工人不利，并且考虑到一些雇主认为这正是雇用这种劳力的一个诱因，以便坐享不公平竞争之利， [~] |
| [ENG] Considering also that recourse to the
employment of migrant workers who are in an irregular situation will be
discouraged if the fundamental human rights of all migrant workers are
more widely recognized and, moreover, that granting certain additional
rights to migrant workers and members of their families in a regular
situation will encourage all migrants and employers to respect and
comply with the laws and procedures established by the States concerned, | [CHI] 并考虑到如果所有移徙工人的基本人权受到更为广泛的确认，雇用身份不正常的移徙工人的做法将会受阻，并且给予身份正常的移徙工人及其家庭成员某些其他权利，将可鼓励所有移徙的人和雇主尊重并遵守有关国家所制定的法律和程序， [~] |
| [ENG] Convinced, therefore, of the need to bring
about the international protection of the rights of all migrant workers
and members of their families, reaffirming and establishing basic norms
in a comprehensive convention which could be applied universally, | [CHI] 因此深信需要制订一项全面的、可以普遍适用的公约以重申并建立基本规范，对所有移徙工人及其家庭成员的权利提供国际保护， 兹协议如下： [~] |
| [ENG] Have agreed as follows: | [CHI] 第 一 部 分 [~] |
| [ENG] PART I SCOPE AND DEFINITIONS | [CHI] 范 围 和 定 义 [~] |
| [ENG] Article 1 | [CHI] 第 1 条 [~] |
| [ENG] 1. The present Convention is applicable, except
as otherwise provided hereafter, to all migrant workers and members of
their families without distinction of any kind such as sex, race,
colour, language, religion or conviction, political or other opinion,
national, ethnic or social origin, nationality, age, economic position,
property, marital status, birth or other status. | [CHI] 1. 本公约，除此后另有规定外，适用于所有移徙工人及其家庭成员，不分性别、种族、肤色、语言、宗教或信念、政治见解或其他意见、民族、族裔或社会根源、国籍、年龄、经济地位、财产、婚姻状况、出身或其他身份地位等任何区别。 [~] |
| [ENG] 2. The present Convention shall apply during
the entire migration process of migrant workers and members of their
families, which comprises preparation for migration, departure, transit
and the entire period of stay and remunerated activity in the State of
employment as well as return to the State of origin or the State of
habitual residence. | [CHI] 2. 本公约适用于移徙工人及其家庭成员的整个移徙过程，包括准备移徙、离开、过境和整个逗留期间，在就业国的有报酬活动以及回返原籍国或惯常居住国。 [~] |
| [ENG] Article 2 | [CHI] 第 2 条 [~] |
| [ENG] For the purposes of the present Convention: | [CHI] 为本公约的目的： [~] |
| [ENG] 1. The term "migrant worker" refers to a person
who is to be engaged, is engaged or has been engaged in a remunerated
activity in a State of which he or she is not a national. | [CHI] 1. “移徙工人”一词指在其非国民的国家将要、正在或已经从事有报酬的活动的人。 [~] |
| [ENG] 2. (a) The term "frontier worker" refers to a
migrant worker who retains his or her habitual residence in a
neighbouring State to which he or she normally returns every day or at
least once a week; | [CHI] 2.(a) “边境工人”一词指在一邻国保持惯常住所并通常每日返回或至少每星期返回一次该国的移徙工人； [~] |
| [ENG] (b) The term "seasonal worker" refers to a
migrant worker whose work by its character is dependent on seasonal
conditions and is performed only during part of the year; | [CHI] (b) “季节性工人”一词指其工作性质视季节性条件而定并且只在一年内的部分期间工作的移徙工人； [~] |
| [ENG] (c) The term "seafarer", which includes a
fisherman, refers to a migrant worker employed on board a vessel
registered in a State of which he or she is not a national; | [CHI] (c) “海员”一词包括渔民在内，指受雇在其非国民的国家注册船舶上工作的移徙工人； [~] |
| [ENG] (d) The term "worker on an offshore
installation" refers to a migrant worker employed on an offshore
installation that is under the jurisdiction of a State of which he or
she is not a national; | [CHI] (d) “近海装置上的工人”一词指受雇在其非国民的国家管辖范围的近海装置上工作的移徙工人； [~] |
| [ENG] (e) The term "itinerant worker" refers to a
migrant worker who, having his or her habitual residence in one State,
has to travel to another State or States for short periods, owing to the
nature of his or her occupation; | [CHI] (e) “行旅工人”一词指其惯常住所在一国但由于其职业性质须在另一国或另外一些国家从事短期逗留的移徙工人； [~] |
| [ENG] (f) The term "project-tied worker" refers to a
migrant worker admitted to a State of employment for a defined period to
work solely on a specific project being carried out in that State by
his or her employer; | [CHI] (f) “项目工人”一词指为就业国所接纳在规定时间内完全从事其雇主在该国所进行特定项目工作的移徙工人； [~] |
| [ENG] (g) The term "specified-employment worker" refers to a migrant worker: | [CHI] (g) “特定聘用工人”一词指以下情况的移徙工人； [~] |
| [ENG] (i) Who has been sent by his or her employer
for a restricted and defined period of time to a State of employment to
undertake a specific assignment or duty; or | [CHI] 由其雇主送往就业国并在限制和规定时间内从事某一特定工作或任务者；或 [~] |
| [ENG] (ii) Who engages for a restricted and defined
period of time in work that requires professional, commercial, technical
or other highly specialized skill; or | [CHI] 在限制和规定时间内从事需要专业、商业、技术或其他高度专门技能的工作者；或 [~] |
| [ENG] (iii) Who, upon the request of his or her
employer in the State of employment, engages for a restricted and
defined period of time in work whose nature is transitory or brief; and
who is required to depart from the State of employment either at the
expiration of his or her authorized period of stay, or earlier if he or
she no longer undertakes that specific assignment or duty or engages in
that work; | [CHI] 应就业国雇主的要求，在限制和规定时间内从事暂时或短期的工作者； 且该人于获准停留期届满时，或在此以前如不再承担该特定任务或从事该工作时，必须离开就业国； [~] |
| [ENG] (h) The term "self-employed worker" refers to a
migrant worker who is engaged in a remunerated activity otherwise than
under a contract of employment and who earns his or her living through
this activity normally working alone or together with members of his or
her family, and to any other migrant worker recognized as self-employed
by applicable legislation of the State of employment or bilateral or
multilateral agreements. | [CHI] (h) “自营职业工人”一词是指从事非属雇用合同的有报酬活动，通常是单独或与其家庭成员共同通过此种活动谋生的移徙工人，以及经就业国适用的立法或双边或多边协定承认为从事自营职业的任何其他移徙工人。 [~] |
| [ENG] Article 3 | [CHI] 第 3 条 [~] |
| [ENG] The present Convention shall not apply to: | [CHI] 本公约不适用于： [~] |
| [ENG] (a) Persons sent or employed by international
organizations and agencies or persons sent or employed by a State
outside its territory to perform official functions, whose admission and
status are regulated by general international law or by specific
international agreements or conventions; | [CHI] 国际组织和机构派遣或雇用或一国外派或在其境外雇用的从事公务的人员，他们的入境和身份由一般国际法或特定的国际协定或公约加以规定； [~] |
| [ENG] (b) Persons sent or employed by a State or on
its behalf outside its territory who participate in development
programmes and other co-operation programmes, whose admission and status
are regulated by agreement with the State of employment and who, in
accordance with that agreement, are not considered migrant workers; | [CHI] 一国外派或在其境外雇用或代表一国参与发展方案和其他合作方案的人员，他们的入境和身份由与就业国达成的协定加以规定并且按照该协定他们不被视为移徙工人； [~] |
| [ENG] (c) Persons taking up residence in a State different from their State of origin as investors; | [CHI] 作为投资者在非原籍国居住的人； [~] |
| [ENG] (d) Refugees and stateless persons, unless such
application is provided for in the relevant national legislation of, or
international instruments in force for, the State Party concerned; | [CHI] 难民和无国籍的人，但有关缔约国的有关国家法律或对其生效的国际文书规定适用的情况除外； [~] |
| [ENG] (e) Students and trainees; | [CHI] 学生和受训人员； [~] |
| [ENG] (f) Seafarers and workers on an offshore
installation who have not been admitted to take up residence and engage
in a remunerated activity in the State of employment. | [CHI] 未获就业国接纳入境居住和从事有报酬活动的海员和近海装置上的工人； [~] |
| [ENG] Article 4 | [CHI] 第 4 条 [~] |
| [ENG] For the purposes of the present Convention the
term "members of the family" refers to persons married to migrant
workers or having with them a relationship that, according to applicable
law, produces effects equivalent to marriage, as well as their
dependent children and other dependent persons who are recognized as
members of the family by applicable legislation or applicable bilateral
or multilateral agreements between the States concerned. | [CHI] 为本公约的目的，“家庭成员”一词指移徙工人的已婚配偶或依照适用法律与其保持具有婚姻同等效力关系的人，以及他们的受抚养子女和经适用法律或有关国家间适用的双边或多边协定所确认为家庭成员的其他受养人。 [~] |
| [ENG] Article 5 | [CHI] 第 5 条 [~] |
| [ENG] For the purposes of the present Convention, migrant workers and members of their families: | [CHI] 为本公约的目的，移徙工人及其家庭成员： [~] |
| [ENG] (a) Are considered as documented or in a
regular situation if they are authorized to enter, to stay and to engage
in a remunerated activity in the State of employment pursuant to the
law of that State and to international agreements to which that State is
a party; | [CHI] 如在就业国内依照该国法律和该国为缔约国的国际协定，获准入境、逗留和从事有报酬活动，则视为有证件或身份正常； [~] |
| [ENG] (b) Are considered as non-documented or in an
irregular situation if they do not comply with the conditions provided
for in subparagraph (a) of the present article. | [CHI] 如不符合本条(a)项所规定的条件，则视为没有证件或身份不正常。 [~] |
| [ENG] Article 6 | [CHI] 第 6 条 [~] |
| [ENG] For the purposes of the present Convention: | [CHI] 为本公约的目的： [~] |
| [ENG] (a) The term "State of origin" means the State of which the person concerned is a national; | [CHI] “原籍国”一词指当事人为其国民的国家； [~] |
| [ENG] (b) The term "State of employment" means a
State where the migrant worker is to be engaged, is engaged or has been
engaged in a remunerated activity, as the case may be; | [CHI] “就业国”一词指视情形而定，移徙工人将要、正在或已经从事有报酬活动的所在国家； [~] |
| [ENG] (c) The term "State of transit,' means any
State through which the person concerned passes on any journey to the
State of employment or from the State of employment to the State of
origin or the State of habitual residence. | [CHI] “过境国”一词指当事人前往就业国或从就业国前往原籍国或惯常居住国的任何旅途中所通过的任何国家。 [~] |
| [ENG] PART II NON-DISCRIMINATION WITH RESPECT TO RIGHTS | [CHI] 第 二 部 分 权利方面不歧视 [~] |
| [ENG] Article 7 | [CHI] 第 7 条 [~] |
| [ENG] States Parties undertake, in accordance with
the international instruments concerning human rights, to respect and to
ensure to all migrant workers and members of their families within
their territory or subject to their jurisdiction the rights provided for
in the present Convention without distinction of any kind such as to
sex, race, colour, language, religion or conviction, political or other
opinion, national, ethnic or social origin, nationality, age, economic
position, property, marital status, birth or other status. | [CHI]
缔约国依照关于人权的各项国际文书，承担尊重并确保所有在其境内或受其管辖的移徙工人及其家庭成员，享有本公约所规定的权利，不分性别、种族、肤色、语
言、宗教或信念、政治见解或其他意见、民族、族裔或社会根源、国籍、年龄、经济地位、财产、婚姻状况、出身或其他身份地位等任何区别。 [~] |
| [ENG] PART III HUMAN RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES | [CHI] 第 三 部 分 所有移徙工人及其家庭成员的人权 [~] |
| [ENG] Article 8 | [CHI] 第 8 条 [~] |
| [ENG] 1. Migrant workers and members of their families shall be free to leave any State, including their State of origin. | [CHI] 1. 移徙工人及其家庭成员应可自由离开任何国家，包括其原籍国在内。 [~] |
| [ENG] This right shall not be subject to any
restrictions except those that are provided by law, are necessary to
protect 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 part of the Convention. | [CHI] 除法律规定，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，并且不违反本公约本部分所承认的其他权利的限制外，此项权利不受任何限制。 [~] |
| [ENG] 2. Migrant workers and members of their
families shall have the right at any time to enter and remain in their
State of origin. | [CHI] 2. 移徙工人及其家庭成员应有权随时进入其原籍国并在其原籍国停留。 [~] |
| [ENG] Article 9 | [CHI] 第 9 条 [~] |
| [ENG] The right to life of migrant workers and members of their families shall be protected by law. | [CHI] 移徙工人及其家庭成员的生命权应受法律保护。 [~] |
| [ENG] Article 10 | [CHI] 第 10 条 [~] |
| [ENG] No migrant worker or member of his or her
family shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. | [CHI] 移徙工人或其家庭成员不应受到酷刑或残忍、不人道、有辱人格的待遇或处罚。 [~] |
| [ENG] Article 11 | [CHI] 第 11 条 [~] |
| [ENG] 1. No migrant worker or member of his or her family shall be held in slavery or servitude. | [CHI] 1. 移徙工人或其家庭成员不得被使为奴隶或受奴役。 [~] |
| [ENG] 2. No migrant worker or member of his or her family shall be required to perform forced or compulsory labour. | [CHI] 2. 移徙工人或其家庭成员不得被要求从事强迫或强制劳动。 [~] |
| [ENG] 3. Paragraph 2 of the present article shall not
be held to preclude, in States where imprisonment with hard labour may
be imposed as a punishment for a crime, the performance of hard labour
in pursuance of a sentence to such punishment by a competent court. | [CHI] 3. 在苦役监禁得作为对犯罪的一种处罚的国家，本条第2款的规定不应视为排除按照主管法庭关于此项刑罚的判决而执行的苦役。 [~] |
| [ENG] 4. For the purpose of the present article the term "forced or compulsory labour" shall not include: | [CHI] 4. 为本条的目的，“强迫或强制劳动”一词不应包括： [~] |
| [ENG] (a) Any work or service not referred to in
paragraph 3 of the present article normally required of a person who is
under detention in consequence of a lawful order of a court or of a
person during conditional release from such detention; | [CHI] 通常对依照法庭的合法命令被拘禁的人或对从此种拘禁中有条件释放的人所要求的任何工作或劳务，非属本条第3款所述者； [~] |
| [ENG] (b) Any service exacted in cases of emergency or clamity threatening the life or well-being of the community; | [CHI] 在威胁社会生活或福祉的紧急状态或灾难的情况下任何强制的劳务； [~] |
| [ENG] (c) Any work or service that forms part of
normal civil obligations so far as it is imposed also on citizens of the
State concerned. | [CHI] 有关国家公民也需承担的属于正常公民义务一部分的任何工作或劳务。 [~] |
| [ENG] Article 12 | [CHI] 第 12 条 [~] |
| [ENG] 1. Migrant workers and members of their families shall have the right to freedom of thought, conscience and religion. | [CHI] 1. 移徙工人及其家庭成员应有权享有思想、良心和宗教自由。 [~] |
| [ENG] This right shall include freedom to have or to
adopt a religion or belief of their choice and freedom either
individually or in community with others and in public or private to
manifest their religion or belief in worship, observance, practice and
teaching. | [CHI] 这项权利应包括信仰或皈依自己所选择的宗教或信仰的自由，以及不论个别或是集体、公开或是私下，通过礼拜、虔守、举行仪式或传播教义等来表明其宗教或信仰的自由。 [~] |
| [ENG] 2. Migrant workers and members of their
families shall not be subject to coercion that would impair their
freedom to have or to adopt a religion or belief of their choice. | [CHI] 2. 移徙工人及其家庭成员不得受胁迫从而有损其信仰或皈依所选宗教或信仰的自由。 [~] |
| [ENG] 3. Freedom to manifest one's religion or belief
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. 表明其宗教或信仰的自由得仅受法律所规定并为保护公共安全、秩序、卫生或道德或他人的基本权利和自由所必需的限制。 [~] |
| [ENG] 4. States Parties to the present Convention
undertake to have respect for the liberty of parents, at least one of
whom is a migrant worker, and, when applicable, legal guardians to
ensure the religious and moral education of their children in conformity
with their own convictions. | [CHI] 4. 本公约缔约国承允尊重至少有一方为移徙工人的父母和适用时法定监护人确保他们的子女按照他们自己的信仰接受宗教和道德教育的自由。 [~] |
| [ENG] Article 13 | [CHI] 第 13 条 [~] |
| [ENG] 1. Migrant workers and members of their families shall have the right to hold opinions without interference. | [CHI] 1. 移徙工人及其家庭成员应有权持有主张，不受干涉。 [~] |
| [ENG] 2. Migrant workers and members of their
families 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 their choice. | [CHI] 2. 移徙工人及其家庭成员应有权享有表达意见的自由；这项权利应包括通过不论是采取口头、书面或印刷方式、以艺术形式或通过他们所选择的任何其他媒介，寻求、接受和传递各种消息和思想的自由，而不论国界。 [~] |
| [ENG] 3. The exercise of the right provided for in
paragraph 2 of the present article carries with it special duties and
responsibilities. | [CHI] 3. 本条第2款所规定的权利的行使带有特殊的义务和责任。 [~] |
| [ENG] It may therefore be subject to certain
restrictions, but these shall only be such as are provided by law and
are necessary: | [CHI] 因此其行使得受某些限制，但这些限制只应由法律规定并为下列条件所必需： [~] |
| [ENG] (a) For respect of the rights or reputation of others; | [CHI] 尊重他人的权利或名誉； [~] |
| [ENG] (b) For the protection of the national security
of the States concerned or of public order (ordre public) or of public
health or morals; | [CHI] 保护有关国家的国家安全或公共秩序、或公共卫生或道德； [~] |
| [ENG] (c) For the purpose of preventing any propaganda for war; | [CHI] 防止任何战争宣传； [~] |
| [ENG] (d) For the purpose of preventing any advocacy
of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence. | [CHI] 防止任何鼓吹民族、种族或宗教仇恨而构成煽动歧视、敌视或暴力的行为。 [~] |
| [ENG] Article 14 | [CHI] 第 14 条 [~] |
| [ENG] No migrant worker or member of his or her
family shall be subjected to arbitrary or unlawful interference with his
or her privacy, family, home, correspondence or other communications,
or to unlawful attacks on his or her honour and reputation. | [CHI] 移徙工人或其家庭成员的隐私、家庭、住宅、通信或其他联系，不应受任意或非法干涉，其荣誉和名誉也不受非法攻击。 [~] |
| [ENG] Each migrant worker and member of his or her
family shall have the right to the protection of the law against such
interference or attacks. | [CHI] 移徙工人及其家庭成员应有权享有法律保护，不受此种干涉或攻击。 [~] |
| [ENG] Article 15 | [CHI] 第 15 条 [~] |
| [ENG] No migrant worker or member of his or her
family shall be arbitrarily deprived of property, whether owned
individually or in association with others. | [CHI] 移徙工人或其家庭成员的财产，不论个人所有或与他人共有，不应被任意剥夺。 [~] |
| [ENG] Where, under the legislation in force in the
State of employment, the assets of a migrant worker or a member of his
or her family are expropriated in whole or in part, the person concerned
shall have the right to fair and adequate compensation. | [CHI] 在根据就业国现行法律，移徙工人或其家庭成员的财产全部或部分被没收时，当事人应有权获得公平和适当的赔偿。 [~] |
| [ENG] Article 16 | [CHI] 第 16 条 [~] |
| [ENG] 1. Migrant workers and members of their families shall have the right to liberty and security of person. | [CHI] 1. 移徙工人及其家庭成员应有权享有人身自由和安全。 [~] |
| [ENG] 2. Migrant workers and members of their
families shall be entitled to effective protection by the State against
violence, physical injury, threats and intimidation, whether by public
officials or by private individuals, groups or institutions. | [CHI] 2. 移徙工人及其家庭成员应有权受到国家的有效保护，以免遭到无论公务人员或个人、团体或机构施以暴力、身体伤害、威胁和恫吓。 [~] |
| [ENG] 3. Any verification by law enforcement
officials of the identity of migrant workers or members of their
families shall be carried out in accordance with procedure established
by law. | [CHI] 3. 执法人员对移徙工人或其家庭成员身份的任何核查，均应按照法律规定的程序进行。 [~] |
| [ENG] 4. Migrant workers and members of their
families shall not be subjected individually or collectively to
arbitrary arrest or detention; they shall not be deprived o their
liberty except on such grounds and in accordance with such procedures as
are established by law. | [CHI] 4. 移徙工人及其家庭成员不应遭到个别或集体任意逮捕或拘禁；除根据法律所规定的这种理由并按照法律所规定的这种程序外，他们不得被剥夺自由。 [~] |
| [ENG] 5. Migrant workers and members of their
families who are arrested shall be informed at the time of arrest as far
as possible in a language they understand of the reasons for their
arrest and they shall be promptly informed in a language they understand
of any charges against them. | [CHI] 5. 被逮捕的移徙工人及其家庭成员应在被逮捕之时尽可能以他们所了解的语言被告知逮捕理由，并应以他们所了解的语言被迅速告知对他们提出的任何指控。 [~] |
| [ENG] 6. Migrant workers and members of their
families who are arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a
reasonable time or to release. | [CHI] 6. 因刑事指控被逮捕或拘留的移徙工人及其家庭成员，应迅速由法官或经法律授权行使司法权力的其他官员予以传讯，并应有权在合理的时间内受审或获释。 [~] |
| [ENG] It shall not be the general rule that while
awaiting trial they shall be detained in custody, but release may be
subject to guarantees to appear for trial, at any other stage of the
judicial proceedings and, should the occasion arise, for the execution
of the judgement. | [CHI] 候审期间通常不应予以拘押，但其释放可以保证在司法程序的任何其他阶段出庭受审并于必要时出庭接受判决的执行为条件。 [~] |
| [ENG] 7. When a migrant worker or a member of his or
her family is arrested or committed to prison or custody pending trial
or is detained in any other manner: | [CHI] 7. 遇某一移徙工人或其一家庭成员遭逮捕或审前关押或拘押或者以任何其他方式拘留时： [~] |
| [ENG] (a) The consular or diplomatic authorities of
his or her State of origin or of a State representing the interests of
that State shall, if he or she so requests, be informed without delay of
his or her arrest or detention and of the reasons therefor; | [CHI] 如当事人有此要求，应毫不拖延地将其逮捕或拘禁情事及其理由告知其原籍国的领事或外交当局或代表该国利益的领事或外交当局； [~] |
| [ENG] (b) The person concerned shall have the right
to communicate with the said authorities. Any communication by the
person concerned to the said authorities shall be forwarded without
delay, and he or she shall also have the right to receive communications
sent by the said authorities without delay; | [CHI] 当事人应有权与上述当局联系，对当事人给上述当局的任何通信应毫不拖延地予以传递，当事人也应有权在毫不拖延的情况下接到上述当局送出的通信； [~] |
| [ENG] (c) The person concerned shall be informed
without delay of this right and of rights deriving from relevant
treaties, if any, applicable between the States concerned, to correspond
and to meet with representatives of the said authorities and to make
arrangements with them for his or her legal representation. | [CHI] 应毫不拖延地告知当事人此项权利及按照有关国家间适用的任何有关条约规定的各种权利，与上述当局的代表通信和会面，并同他们安排其法律代理人。 [~] |
| [ENG] 8. Migrant workers and members of their
families who are deprived of their liberty by arrest or detention shall
be entitled to take proceedings before a court, in order that that court
may decide without delay on the lawfulness of their detention and order
their release if the detention is not lawful. | [CHI] 8. 因遭逮捕或拘禁而被剥夺自由的移徙工人及其家庭成员应有权向法庭提出诉讼，以期该法庭可毫不拖延地就其拘禁合法与否作出判决，并在拘禁不合法时下令予以释放。 [~] |
| [ENG] When they attend such proceedings, they shall
have the assistance, if necessary without cost to them, of an
interpreter, if they cannot understand or speak the language used. | [CHI] 他们出庭时，如不懂或不会说庭上所用语言，应于必要时获得无需他们支付费用的译员的协助。 [~] |
| [ENG] 9. Migrant workers and members of their
families who have been victims of unlawful arrest or detention shall
have an enforceable right to compensation. | [CHI] 9. 遭到非法逮捕或拘禁的移徙工人及其家庭成员，应享有获得可强制执行的赔偿的权利。 [~] |
| [ENG] Article 17 | [CHI] 第 17 条 [~] |
| [ENG] 1. Migrant workers and members of their
families who are deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person
and for their cultural identity. | [CHI] 1. 被剥夺自由的移徙工人及其家庭成员应受到人道的对待，并尊重其固有的人的尊严和文化特性。 [~] |
| [ENG] 2. Accused migrant workers and members of their
families shall, save in exceptional circumstances, be separated from
convicted persons and shall be subject to separate treatment appropriate
to their status as unconvicted persons. | [CHI] 2. 被控告的移徙工人及其家庭成员，除特殊情况外，应与已经定罪的人隔离，并应给予合乎其未定罪者身份的分别待遇。 [~] |
| [ENG] Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. | [CHI] 被控告的未成年人应与成年人隔开，并应尽快予以审判。 [~] |
| [ENG] 3. Any migrant worker or member of his or her
family who is detained in a State of transit or in a State of employment
for violation of provisions relating to migration shall be held, in so
far as practicable, separately from convicted persons or persons
detained pending trial. | [CHI] 3. 任何移徙工人或其家庭成员在过境国或就业国因触犯移徙条例被拘留时，应尽实际可能，被安置于与已经定罪的人或拘留候审的人分开的处所。 [~] |
| [ENG] 4. During any period of imprisonment in
pursuance of a sentence imposed by a court of law, the essential aim of
the treatment of a migrant worker or a member of his or her family shall
be his or her reformation and social rehabilitation. | [CHI] 4. 在法庭所判的服刑监禁任何期间内，对移徙工人或其家庭成员的待遇的基本宗旨应在改造他们，使他们日后能过正常的社会生活。 [~] |
| [ENG] Juvenile offenders shall be separated from adults and be accorded treatment appropriate to their age and legal status. | [CHI] 未成年犯应与成年犯隔离，并应给予合乎其年龄和法律地位的待遇。 [~] |
| [ENG] 5. During detention or imprisonment, migrant
workers and members of their families shall enjoy the same rights as
nationals to visits by members of their families. | [CHI] 5. 在拘禁或监禁期间，移徙工人及其家庭成员应如国民一样，享有家人探访的权利。 [~] |
| [ENG] 6. Whenever a migrant worker is deprived of his
or her liberty, the competent authorities of the State concerned shall
pay attention to the problems that may be posed for members of his or
her family, in particular for spouses and minor children. | [CHI] 6. 遇某一移徙工人被剥夺自由时，有关国家的主管当局应注意其家庭成员可能遭遇的问题，特别是其配偶和未成年子女的问题。 [~] |
| [ENG] 7. Migrant workers and members of their
families who are subjected to any form of detention or imprisonment in
accordance with the law in force in the State of employment or in the
State of transit shall enjoy the same rights as nationals of those
States who are in the same situation. | [CHI] 7. 根据就业国或过境国现行法律受到任何形式的拘禁或监禁的移徙工人及其家庭成员，应享有与处于相同情况的这些国家国民同样的权利。 [~] |
| [ENG] 8. If a migrant worker or a member of his or
her family is detained for the purpose of verifying any infraction of
provisions related to migration, he or she shall not bear any costs
arising therefrom. | [CHI] 8. 如因检查任何违反有关移徙条例情事的目的而将某一移徙工人或其一家庭成员加以拘留，不得要求其负担由此产生的任何费用。 [~] |
| [ENG] Article 18 | [CHI] 第 18 条 [~] |
| [ENG] 1. Migrant workers and members of their
families shall have the right to equality with nationals of the State
concerned before the courts and tribunals. | [CHI] 1. 在法院和法庭上，移徙工人及其家庭成员有权享有与有关国家国民平等的地位。 [~] |
| [ENG] In the determination of any criminal charge
against them or of their rights and obligations in a suit of law, they
shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law. | [CHI] 在审判对他们提出的任何刑事指控或他们在诉讼案中的权利和义务时，他们应有权获得一个依法设立的独立公正的主管法庭进行公平而且公开的审理。 [~] |
| [ENG] 2. Migrant workers and members of their
families who are charged with a criminal offence shall have the right to
be presumed innocent until proven guilty according to law. | [CHI] 2. 受刑事控告的移徙工人及其家庭成员，未经依法证实有罪之前，应有权被假定为无罪。 [~] |
| [ENG] 3. In the determination of any criminal charge
against them, migrant workers and members of their families shall be
entitled to the following minimum guarantees: | [CHI] 3. 在审判对他们提出的任何刑事指控时，移徙工人及其家庭成员应有权享有下列最低限度的保证： [~] |
| [ENG] (a) To be informed promptly and in detail in a
language they understand of the nature and cause of the charge against
them; | [CHI] 迅速以一种他们所了解的语言详细告知对他们提出的指控性质和案由； [~] |
| [ENG] (b) To have adequate time and facilities for
the preparation of their defence and to communicate with counsel of
their own choosing; | [CHI] 有充分时间和便利准备他们的辩护并同他们自己选择的律师联系； [~] |
| [ENG] (c) To be tried without undue delay; | [CHI] 立即受审，不得无故拖延； [~] |
| [ENG] (d) To be tried in their presence and to defend
themselves in person or through legal assistance of their own choosing;
to be informed, if they do not have legal assistance, of this right;
and to have legal assistance assigned to them, in any case where the
interests of justice so require and without payment by them in any such
case if they do not have sufficient means to pay; | [CHI] 出庭受审并亲自或通过自己所选择的法律援助进行辩护；如果没有法律援助，应通知他们享有这项权利；在审判有此必要的任何情况下，为他们指定法律援助，并在他们没有足够能力支付的任何这种情况下，可免自己付费； [~] |
| [ENG] (e) To examine or have examined the witnesses
against them and to obtain the attendance and examination of witnesses
on their behalf under the same conditions as witnesses against them; | [CHI] 诘问或间接诘问他造证人，并且使自己的证人在他造证人同样的条件下出庭并受诘问； [~] |
| [ENG] (f) To have the free assistance of an interpreter if they cannot understand or speak the language used in court; | [CHI] 如他们不懂或不会说法庭所用语言，可免费获得译员的协助； [~] |
| [ENG] (g) Not to be compelled to testify against themselves or to confess guilt. | [CHI] 不被强迫作不利自己的证言或强迫承认犯罪。 [~] |
| [ENG] 4. In the case of juvenile persons, the
procedure shall be such as will take account of their age and the
desirability of promoting their rehabilitation. | [CHI] 4. 对未成年人案件，审判程序应考虑到他们的年龄和帮助他们重新做人的需要。 [~] |
| [ENG] 5. Migrant workers and members of their
families convicted of a crime shall have the right to their conviction
and sentence being reviewed by a higher tribunal according to law. | [CHI] 5. 被判定犯罪的移徙工人及其家庭成员，应有权由上级法庭对其定罪和判刑依法进行复审。 [~] |
| [ENG] 6. When a migrant worker or a member of his or
her family has, by a final decision, been convicted of a criminal
offence and when subsequently his or her conviction has been reversed or
he or she has been pardoned on the ground that a new or newly
discovered fact shows conclusively that there has been a miscarriage of
justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to law, unless it is proved
that the non-disclosure of the unknown fact in time is wholly or partly
attributable to that person. | [CHI] 6. 遇某一移徙工人或其一家庭成员经最终判决判定犯有刑事罪而其后因新的或新发现的案情确实表明审判不当时，其定罪被撤销或其被赦免的情况下，因这种定罪而受到刑罚的人应依法得到赔偿，但经证明未知案情未能及时揭露应由其本人完全或部分负责者除外。 [~] |
| [ENG] 7. No migrant worker or member of his or her
family shall be liable to be tried or punished again for an offence for
which he or she has already been finally convicted or acquitted in
accordance with the law and penal procedure of the State concerned. | [CHI] 7. 对移徙工人或其家庭成员已按照有关国家法律和刑事程序经最终定罪或无罪开释者，不得就同一罪名再予审判或科刑。 [~] |
| [ENG] Article 19 | [CHI] 第 19 条 [~] |
| [ENG] 1. No migrant worker or member of his or her
family shall be held guilty of any criminal offence on account of any
act or omission that did not constitute a criminal offence under
national or international law at the time when the criminal offence was
committed, nor shall a heavier penalty be imposed than the one that was
applicable at the time when it was committed. | [CHI] 1. 移徙工人或其家庭成员的任何行为或不行为，于发生时依照国内法或国际法均不构成刑事犯罪者，不得据以认为犯有任何刑事罪，也不得被加以重于犯罪时适用的刑罚。 [~] |
| [ENG] If, subsequent to the commission of the
offence, provision is made by law for the imposition of a lighter
penalty, he or she shall benefit thereby. | [CHI] 如果在犯罪之后，法律规定应处以较轻的刑罚，则其应受益。 [~] |
| [ENG] 2. Humanitarian considerations related to the
status of a migrant worker, in particular with respect to his or her
right of residence or work, should be taken into account in imposing a
sentence for a criminal offence committed by a migrant worker or a
member of his or her family. | [CHI] 2. 在对某一移徙工人或其一家庭成员所犯刑事罪量刑时，应就该移徙工人的身份、尤其是有关其居住或工作的权利给予人道的考虑。 [~] |
| [ENG] Article 20 | [CHI] 第 20 条 [~] |
| [ENG] 1. No migrant worker or member of his or her
family shall be imprisoned merely on the ground of failure to fulfil a
contractual obligation. | [CHI] 1. 移徙工人或其家庭成员不得仅由于未履行合同义务而被监禁。 [~] |
| [ENG] 2. No migrant worker or member of his or her
family shall be deprived of his or her authorization of residence or
work permit or expelled merely on the ground of failure to fulfil an
obligation arising out of a work contract unless fulfilment of that
obligation constitutes a condition for such authorization or permit. | [CHI] 2. 移徙工人或其家庭成员不得仅由于未履行工作合同产生的义务，而被剥夺其居住许可或工作许可，或被驱逐出境，除非履行这种义务构成这种许可的一个条件。 [~] |
| [ENG] Article 21 | [CHI] 第 21 条 [~] |
| [ENG] It shall be unlawful for anyone, other than a
public official duly authorized by law, to confiscate, destroy or
attempt to destroy identity documents, documents authorizing entry to or
stay, residence or establishment in the national territory or work
permits. | [CHI] 除依法经正当授权的公务人员外，任何人没收、销毁或企图销毁身份证件、准许入境或在一国境内逗留、居住或营业的证件、或工作许可证，均属非法。 [~] |
| [ENG] No authorized confiscation of such documents shall take place without delivery of a detailed receipt. | [CHI] 经授权对这类证件进行没收，必须提出详细收据。 [~] |
| [ENG] In no case shall it be permitted to destroy the
passport or equivalent document of a migrant worker or a member of his
or her family. | [CHI] 在任何情况下，不允许销毁某一移徙工人或其一家庭成员的护照或等同证件。 [~] |
| [ENG] Article 22 | [CHI] 第 22 条 [~] |
| [ENG] 1. Migrant workers and members of their families shall not be subject to measures of collective expulsion. | [CHI] 1. 不得对移徙工人及其家庭成员采取集体驱逐的措施。 [~] |
| [ENG] Each case of expulsion shall be examined and decided individually. | [CHI] 对每一宗驱逐案件都应逐案审查和决定。 [~] |
| [ENG] 2. Migrant workers and members of their
families may be expelled from the territory of a State Party only in
pursuance of a decision taken by the competent authority in accordance
with law. | [CHI] 2. 只有按照主管当局依法作出的决定，方可将移徙工人及其家庭成员从缔约国境内驱逐出境。 [~] |
| [ENG] 3. The decision shall be communicated to them in a language they understand. | [CHI] 3. 应以他们所了解的语言将判决传达给他们。 [~] |
| [ENG] Upon their request where not otherwise
mandatory, the decision shall be communicated to them in writing and,
save in exceptional circumstances on account of national security, the
reasons for the decision likewise stated. | [CHI] 如果没有另外的强制性规定，经他们要求，应以书面方式将判决传达给他们，除涉及国家安全的特殊情况外，应说明判决的理由。 [~] |
| [ENG] The persons concerned shall be informed of these rights before or at the latest at the time the decision is rendered. | [CHI] 在作出判决之前或至迟在作出判决之时，应把这些权利告知当事人。 [~] |
| [ENG] 4. Except where a final decision is pronounced
by a judicial authority, the person concerned shall have the right to
submit the reason he or she should not be expelled and to have his or
her case reviewed by the competent authority, unless compelling reasons
of national security require otherwise. | [CHI] 4. 除司法当局作出最终判决的情况外，当事人应有权提出其不应被驱逐的理由，并由有关当局对其案件进行复审，除因国家安全的重大理由另有规定外。 [~] |
| [ENG] Pending such review, the person concerned shall have the right to seek a stay of the decision of expulsion. | [CHI] 在进行这类复审之前，当事人应有权要求暂缓执行驱逐的判决。 [~] |
| [ENG] 5. If a decision of expulsion that has already
been executed is subsequently annulled, the person concerned shall have
the right to seek compensation according to law and the earlier decision
shall not be used to prevent him or her from re-entering the State
concerned. | [CHI] 5. 已经执行的驱逐判决如其后予以取消。 当事人应有权依法要求赔偿，而以前的判决不得被用来阻止当事人再次进入有关国家。 [~] |
| [ENG] 6. In case of expulsion, the person concerned
shall have a reasonable opportunity before or after departure to settle
any claims for wages and other entitlements due to him or her and any
pending liabilities. | [CHI] 6. 如被驱逐出境，当事人在离境之前或之后应有合理机会解决任何应得工资和其他应享权利的要求以及任何未决义务。 [~] |
| [ENG] 7. Without prejudice to the execution of a
decision of expulsion, a migrant worker or a member of his or her family
who is subject to such a decision may seek entry into a State other
than his or her State of origin. | [CHI] 7. 在不影响一宗驱逐判决的执行的情况下，该一判决所涉的某一移徙工人或其一家庭成员可寻求进入非其原籍国的国家。 [~] |
| [ENG] 8. In case of expulsion of a migrant worker or a
member of his or her family the costs of expulsion shall not be borne
by him or her. | [CHI] 8. 遇某一移徙工人或其一家庭成员被驱逐出境时，驱逐出境的费用不应由其负担。 [~] |
| [ENG] The person concerned may be required to pay his or her own travel costs. | [CHI] 但得要求当事人支付自己的旅费。 [~] |
| [ENG] 9. Expulsion from the State of employment shall
not in itself prejudice any rights of a migrant worker or a member of
his or her family acquired in accordance with the law of that State,
including the right to receive wages and other entitlements due to him
or her. | [CHI] 9. 从就业国被驱逐出境的事实不得损害某一移徙工人或其一家庭成员按照该国法律所获的任何权利，包括接受工资及其他应享的权利。 [~] |
| [ENG] Article 23 | [CHI] 第 23 条 [~] |
| [ENG] Migrant workers and members of their families
shall have the right to have recourse to the protection and assistance
of the consular or diplomatic authorities of their State of origin or of
a State representing the interests of that State whenever the rights
recognized in the present Convention are impaired. | [CHI] 移徙工人及其家庭成员在本公约所承认的权利受到损害时，应有权寻求其原籍国领事或外交机关或代表该国利益的国家的领事或外交机关的保护和协助。 [~] |
| [ENG] In particular, in case of expulsion, the person
concerned shall be informed of this right without delay and the
authorities of the expelling State shall facilitate the exercise of such
right. | [CHI] 特别是在处理驱逐出境时，应毫不拖延地将此项权利告知当事人，驱逐国当局并应为行使这项权利提供便利。 [~] |
| [ENG] Article 24 | [CHI] 第 24 条 [~] |
| [ENG] Every migrant worker and every member of his or
her family shall have the right to recognition everywhere as a person
before the law. | [CHI] 每个移徙工人及其每一家庭成员均应有权在任何地方获得承认其在法律之前的人格。 [~] |
| [ENG] Article 25 | [CHI] 第 25 条 [~] |
| [ENG] 1. Migrant workers shall enjoy treatment not
less favourable than that which applies to nationals of the State of
employment in respect of remuneration and: | [CHI] 1. 移徙工人在工作报酬和以下其他方面，应享有不低于适用于就业国国民的待遇： [~] |
| [ENG] (a) Other conditions of work, that is to say,
overtime, hours of work, weekly rest, holidays with pay, safety, health,
termination of the employment relationship and any other conditions of
work which, according to national law and practice, are covered by these
terms; | [CHI] 其他工作条件，即加班、工时、每周休假、有薪假日、安全、卫生、雇用关系的结束，以及依照国家法律和惯例，本词所涵盖的任何其他工作条件； [~] |
| [ENG] (b) Other terms of employment, that is to say,
minimum age of employment, restriction on home work and any other
matters which, according to national law and practice, are considered a
term of employment. | [CHI] 其他雇用条件，即最低就业年龄、在家工作的限制，以及依照国家法律和惯例经认为是雇用条件的任何其他事项。 [~] |
| [ENG] 2. It shall not be lawful to derogate in
private contracts of employment from the principle of equality of
treatment referred to in paragraph 1 of the present article. | [CHI] 2. 在私人雇用合约中，克减本条第1款所述的平等待遇原则，应属非法。 [~] |
| [ENG] 3. States Parties shall take all appropriate
measures to ensure that migrant workers are not deprived of any rights
derived from this principle by reason of any irregularity in their stay
or employment. | [CHI] 3. 缔约国应采取一切适当措施，确保移徙工人不因其逗留或就业有任何不正常情况而被剥夺因本原则而获得的任何权利。 [~] |
| [ENG] In particular, employers shall not be relieved
of any legal or contractual obligations, nor shall their obligations be
limited in any manner by reason of such irregularity. | [CHI] 特别是雇主不得由于任何这种不正常情况而得免除任何法律的或合同的义务，或对其义务有任何方式的限制。 [~] |
| [ENG] Article 26 | [CHI] 第 26 条 [~] |
| [ENG] 1. States Parties recognize the right of migrant workers and members of their families: | [CHI] 1. 缔约国承认移徙工人及其家庭成员有权： [~] |
| [ENG] (a) To take part in meetings and activities of
trade unions and of any other associations established in accordance
with law, with a view to protecting their economic, social, cultural and
other interests, subject only to the rules of the organization
concerned; | [CHI] 参与工会的及任何其他为保护他们经济、社会、文化和其他利益而依法成立的协会的集会和活动，仅受有关组织规则的限制； [~] |
| [ENG] (b) To join freely any trade union and any such
association as aforesaid, subject only to the rules of the organization
concerned; | [CHI] 自由参加任何工会或上述任何这类协会，仅受有关组织规则的限制； [~] |
| [ENG] (c) To seek the aid and assistance of any trade union and of any such association as aforesaid. | [CHI] 向任何工会或上述任何这类协会寻求援助和协助。 [~] |
| [ENG] 2. No restrictions may be placed on the
exercise of these rights other than those that are prescribed by law and
which are necessary in a democratic society in the interests of
national security, public order (ordre public) or the protection of the
rights and freedoms of others. | [CHI] 2. 这些权利的行使除受法律所规定并在民主社会为了国家安全、公共秩序或保护他人的权利和自由所需要的限制以外，不受任何其他限制。 [~] |
| [ENG] Article 27 | [CHI] 第 27 条 [~] |
| [ENG] 1. With respect to social security, migrant
workers and members of their families shall enjoy in the State of
employment the same treatment granted to nationals in so far as they
fulfil the requirements provided for by the applicable legislation of
that State and the applicable bilateral and multilateral treaties. | [CHI] 1. 在社会保障方面，移徙工人及其家庭成员应享有与就业国国民同样的待遇，只要他们符合该国适用的立法以及适用的双边或多边条约的规定。 [~] |
| [ENG] The competent authorities of the State of
origin and the State of employment can at any time establish the
necessary arrangements to determine the modalities of application of
this norm. | [CHI] 原籍国和就业国的有关当局可在任何时候作出必要安排来确定适用这一准则的方式。 [~] |
| [ENG] 2. Where the applicable legislation does not
allow migrant workers and members of their families a benefit, the
States concerned shall examine the possibility of reimbursing interested
persons the amount of contributions made by them with respect to that
benefit on the basis of the treatment granted to nationals who are in
similar circumstances. | [CHI] 2. 在适用的立法不允许移徙工人及其家庭成员享有一种福利的情况下，有关国家应审查是否可能根据处于类似情况的本国国民所获待遇，偿还当事人对这种福利所缴的款额。 [~] |
| [ENG] Article 28 | [CHI] 第 28 条 [~] |
| [ENG] Migrant workers and members of their families
shall have the right to receive any medical care that is urgently
required for the preservation of their life or the avoidance of
irreparable harm to their health on the basis of equality of treatment
with nationals of the State concerned. | [CHI] 移徙工人及家庭成员应有权按与有关国家国民同等的待遇接受维持其生命或避免对其健康的不可弥补的损害而迫切需要的任何医疗。 [~] |
| [ENG] Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment. | [CHI] 不得以他们在逗留或就业方面有任何不正常情况为由，而拒绝给予此种紧急医疗。 [~] |
| [ENG] Article 29 | [CHI] 第 29 条 [~] |
| [ENG] Each child of a migrant worker shall have the right to a name, to registration of birth and to a nationality. | [CHI] 移徙工人的每一名子女均应享有具备姓名、进行出生登记和获得国籍的权利。 [~] |
| [ENG] Article 30 | [CHI] 第 30 条 [~] |
| [ENG] Each child of a migrant worker shall have the
basic right of access to education on the basis of equality of treatment
with nationals of the State concerned. | [CHI] 移徙工人的每一名子女应照与有关国家国民同等的待遇享有接受教育的基本权利。 [~] |
| [ENG] Access to public pre-school educational
institutions or schools shall not be refused or limited by reason of the
irregular situation with respect to stay or employment of either parent
or by reason of the irregularity of the child's stay in the State of
employment. | [CHI] 不得以其父亲或母亲在就业国的逗留或就业方面有任何不正常情况为由或因为其本人的逗留属不正常的情况，而拒绝或限制其进入公立幼儿园或学校。 [~] |
| [ENG] Article 31 | [CHI] 第 31 条 [~] |
| [ENG] 1. States Parties shall ensure respect for the
cultural identity of migrant workers and members of their families and
shall not prevent them from maintaining their cultural links with their
State of origin. | [CHI] 1. 缔约国应保证尊重移徙工人及其家庭成员的文化特性，并且不得阻碍他们与其原籍国保持文化联系。 [~] |
| [ENG] 2. States Parties may take appropriate measures to assist and encourage efforts in this respect. | [CHI] 2. 缔约国可采取适当措施协助和鼓励这方面的努力。 [~] |
| [ENG] Article 32 | [CHI] 第 32 条 [~] |
| [ENG] Upon the termination of their stay in the State
of employment, migrant workers and members of their families shall have
the right to transfer their earnings and savings and, in accordance
with the applicable legislation of the States concerned, their personal
effects and belongings. | [CHI] 移徙工人及其家庭成员在结束他们在就业国的逗留时，应有权汇兑他们的收益和储蓄，并且根据有关国家适用的立法，带走他们的私人财物和物品。 [~] |
| [ENG] Article 33 | [CHI] 第 33 条 [~] |
| [ENG] 1. Migrant workers and members of their
families shall have the right to be informed by the State of origin, the
State of employment or the State of transit as the case may be
concerning: | [CHI] 1. 移徙工人及其家庭成员应有权获得视情形而定原籍国、就业国或过境国告知以下方面的资料： [~] |
| [ENG] (a) Their rights arising out of the present Convention; | [CHI] 本公约所赋予他们的权利； [~] |
| [ENG] (b) The conditions of their admission, their
rights and obligations under the law and practice of the State concerned
and such other matters as will enable them to comply with
administrative or other formalities in that State. | [CHI] 有关国家的法律和惯例规定的接纳他们入境的条件、他们的权利和义务以及使他们遵守该国行政的或其他的正规手续的这类其他事项。 [~] |
| [ENG] 2. States Parties shall take all measures they
deem appropriate to disseminate the said information or to ensure that
it is provided by employers, trade unions or other appropriate bodies or
institutions. | [CHI] 2. 缔约国应采取其认为适当的一切措施传播上述资料或确保雇主、工会或其他有关机关或机构提供上述资料。 [~] |
| [ENG] As appropriate, they shall co-operate with other States concerned. | [CHI] 并应酌情与其他有关国家合作。 [~] |
| [ENG] 3. Such adequate information shall be provided
upon request to migrant workers and members of their families, free of
charge, and, as far as possible, in a language they are able to
understand. | [CHI] 3. 经请求应向移徙工人及其家庭成员免费并尽可能以他们所能了解的语言充分提供此类资料。 [~] |
| [ENG] Article 34 | [CHI] 第 34 条 [~] |
| [ENG] Nothing in the present part of the Convention
shall have the effect of relieving migrant workers and the members of
their families from either the obligation to comply with the laws and
regulations of any State of transit and the State of employment or the
obligation to respect the cultural identity of the inhabitants of such
States. | [CHI] 本公约本部分的任何规定不得有以下影响：免除移徙工人及其家庭成员遵守任何过境国家或就业国的法律和规章的义务，或免除他们尊重该等国家居民的文化特性的义务。 [~] |
| [ENG] Article 35 | [CHI] 第 35 条 [~] |
| [ENG] Nothing in the present part of the Convention
shall be interpreted as implying the regularization of the situation of
migrant workers or members of their families who are non-documented or
in an irregular situation or any right to such regularization of their
situation, nor shall it prejudice the measures intended to ensure sound
and equitable-conditions for international migration as provided in part
VI of the present Convention. | [CHI] 本公约本部分的任何规定不得解释为意含没有证件或身份不正常的移徙工人或其家庭成员情况的正常化，或其情况得致这种正常化的任何权利，也不得损害旨在确保本公约第六部分所规定的合理而且公平的国际移徙的措施。 [~] |
| [ENG] PART IV OTHER RIGHTS OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES WHO ARE DOCUMENTED OR IN A REGULAR SITUATION | [CHI] 第 四 部 分 有证件或身份正常的移徙工人 及其家庭成员的其他权利 [~] |
| [ENG] Article 36 | [CHI] 第 36 条 [~] |
| [ENG] Migrant workers and members of their families
who are documented or in a regular situation in the State of employment
shall enjoy the rights set forth in the present part of the Convention
in addition to those set forth in part III. | [CHI] 在就业国境内有证件或身份正常的移徙工人及其家庭成员，除享有本公约第三部分所列的各项权利之外，还享有本部分所列的各项权利。 [~] |
| [ENG] Article 37 | [CHI] 第 37 条 [~] |
| [ENG] Before their departure, or at the latest at the
time of their admission to the State of employment, migrant workers and
members of their families shall have the right to be fully informed by
the State of origin or the State of employment, as appropriate, of all
conditions applicable to their admission and particularly those
concerning their stay and the remunerated activities in which they may
engage as well as of the requirements they must satisfy in the State of
employment and the authority to which they must address themselves for
any modification of those conditions. | [CHI]
移徙工人及其家庭成员有权在离国以前或至迟在就业国接受其入境之时，获原籍国或就业国酌情充分告知适用于其入境的一切条件，特别是有关下述事项的条件：他
们的逗留，他们可从事的有报酬活动，他们在就业国必须符合的规定，以及这些条件有任何变动时他们必须联系的机关。 [~] |
| [ENG] Article 38 | [CHI] 第 38 条 [~] |
| [ENG] 1. States of employment shall make every effort
to authorize migrant workers and members of the* families to be
temporarily absent without effect upon their authorization to stay or to
work, as the case may be. | [CHI] 1. 就业国应尽可能批准移徙工人及其家庭成员暂时离开而不影响视情形而定其逗留许可或其工作许可。 [~] |
| [ENG] In doing so, States of employment shall take
into account the special needs and obligations of migrant workers and
members of their families, in particular in their States of origin. | [CHI] 就业国这样做时，应考虑到移徙工人及其家庭成员的特殊需要和义务，特别是在其原籍国的特殊需要和义务。 [~] |
| [ENG] 2. Migrant workers and members of their
families shall have the right to be fully informed of the terms on which
such temporary absences are authorized. | [CHI] 2. 移徙工人及其家庭成员有权充分获知批准这类暂时离开的条件。 [~] |
| [ENG] Article 39 | [CHI] 第 39 条 [~] |
| [ENG] 1. Migrant workers and members of their
families shall have the right to liberty of movement in the territory of
the State of employment and freedom to choose their residence there. | [CHI] 1. 移徙工人及其家庭成员有权在就业国领土内自由迁移和在当地自由选择住所。 [~] |
| [ENG] 2. The rights mentioned in paragraph 1 of the
present article shall not be subject to any restrictions except those
that are provided by law, are necessary to protect 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] 2. 本条第1款所述权利不应受任何限制，但经法律规定为保护国家安全、公共秩序、公共卫生或道德或他人的权利和自由所必需且不违反本公约所承认的其他各项权利的限制除外。 [~] |
| [ENG] Article 40 | [CHI] 第 40 条 [~] |
| [ENG] 1. Migrant workers and members of their
families shall have the right to form associations and trade unions in
the State of employment for the promotion and protection of their
economic, social, cultural and other interests. | [CHI] 1. 移徙工人及其家庭成员应有权在就业国成立社团和工会，以促进和保护其经济、社会、文化和其他利益。 [~] |
| [ENG] 2. No restrictions may be placed on the
exercise of this right other than those that are prescribed by law and
are necessary in a democratic society in the interests of national
security, public order (ordre public) or the protection of the rights
and freedoms of others. | [CHI] 2. 除法律所规定且在民主社会为国家安全、公共秩序的利益或为保护他人的权利和自由所必需之外，不得对行使对这一项权利施加任何限制。 [~] |
| [ENG] Article 41 | [CHI] 第 41 条 [~] |
| [ENG] 1. Migrant workers and members of their
families shall have the right to participate in public affairs of their
State of origin and to vote and to be elected at elections of that
State, in accordance with its legislation. | [CHI] 1. 移徙工人及其家庭成员应有权按照其原籍国的立法规定，参加该国的公共事务，并在该国的选举中有选举权和被选举权。 [~] |
| [ENG] 2. The States concerned shall, as appropriate
and in accordance with their legislation, facilitate the exercise of
these rights. | [CHI] 2. 有关国家应酌情并按照本国立法规定，便利这些权利的行使。 [~] |
| [ENG] Article 42 | [CHI] 第 42 条 [~] |
| [ENG] 1. States Parties shall consider the
establishment of procedures or institutions through which account may be
taken, both in States of origin and in States of employment, of special
needs, aspirations and obligations of migrant workers and members of
their families and shall envisage, as appropriate, the possibility for
migrant workers and members of their families to have their freely
chosen representatives in those institutions. | [CHI] 1. 缔约国应考虑设立各种程序或机构，以便可在原籍国和在就业国通过这些程序或机构考虑到移徙工人及其家庭成员的特殊需要、愿望和义务，并应酌情考虑是否可能让移徙工人及其家庭成员在这些机构中有他们自由选出的代表。 [~] |
| [ENG] 2. States of employment shall facilitate, in
accordance with their national legislation, the consultation or
participation of migrant workers and members of their families in
decisions concerning the life and administration of local communities. | [CHI] 2. 就业国在有关地方社区的生活和行政的决定方面，应按照其本国立法的规定，便利移徙工人及其家庭成员进行磋商或参加。 [~] |
| [ENG] 3. Migrant workers may enjoy political rights
in the State of employment if that State, in the exercise of its
sovereignty, grants them such rights. | [CHI] 3. 移徙工人在就业国可享有该国行使其主权所给予他们的政治权利。 [~] |
| [ENG] Article 43 | [CHI] 第 43 条 [~] |
| [ENG] 1. Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to: | [CHI] 1. 移徙工人在以下方面应享有与就业国国民同等的待遇： [~] |
| [ENG] (a) Access to educational institutions and
services subject to the admission requirements and other regulations of
the institutions and services concerned; | [CHI] 在符合有关机构和服务的入学规定和其他规章的情况下，享用教育机构和服务； [~] |
| [ENG] (b) Access to vocational guidance and placement services; | [CHI] 享受职业指导和就业服务； [~] |
| [ENG] (c) Access to vocational training and retraining facilities and institutions; | [CHI] 享受职业训练和再训练设施和机构； [~] |
| [ENG] (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents; | [CHI] 享受住房、包括公共住宅计划，以及在租金方面不受剥削的保障； [~] |
| [ENG] (e) Access to social and health services,
provided that the requirements for participation in the respective
schemes are met; | [CHI] 享受社会服务和保健服务，但需符合参加各该种计划的规定； [~] |
| [ENG] (f) Access to co-operatives and self-managed
enterprises, which shall not imply a change of their migration status
and shall be subject to the rules and regulations of the bodies
concerned; | [CHI] 参加合作社和自行管理的企业，但这不应意味他们移徙工人地位的改变，并应符合有关机构的条例和规章； [~] |
| [ENG] (g) Access to and participation in cultural life. | [CHI] 享受和参加文化生活。 [~] |
| [ENG] 2. States Parties shall promote conditions to
ensure effective equality of treatment to enable migrant workers to
enjoy the rights mentioned in paragraph 1 of the present article
whenever the terms of their stay, as authorized by the State of
employment, meet the appropriate requirements. | [CHI] 2. 缔约国应促进确保待遇实际平等的条件，使移徙工人在就业国批准的逗留条件符合适当的规定时，能够享有本条第1款所述的权利。 [~] |
| [ENG] 3. States of employment shall not prevent an
employer of migrant workers from establishing housing or social or
cultural facilities for them. | [CHI] 3. 就业国不应阻止移徙工人的雇主为其提供住房或社会或文化服务设备。 [~] |
| [ENG] Subject to article 70 of the present
Convention, a State of employment may make the establishment of such
facilities subject to the requirements generally applied in that State
concerning their installation. | [CHI] 依照本公约第70条的规定，就业国可要求所提供的这类设备符合该国一般适用的关于设置此类设备的规定。 [~] |
| [ENG] Article 44 | [CHI] 第 44 条 [~] |
| [ENG] 1. States Parties, recognizing that the family
is the natural and fundamental group unit of society and is entitled to
protection by society and the State, shall take appropriate measures to
ensure the protection of the unity of the families of migrant workers. | [CHI] 1. 缔约国确认家庭是社会的自然基本单元并有权受到社会和国家的保护，应采取适当措施，确使保护移徙工人的家庭完整。 [~] |
| [ENG] 2. States Parties shall take measures that they
deem appropriate and that fall within their competence to facilitate
the reunification of migrant workers with their spouses or persons who
have with the migrant worker a relationship that, according to
applicable law, produces effects equivalent to marriage, as well as with
their minor dependent unmarried children. | [CHI] 2. 缔约国应采取其认为妥当并符合其权限范围的措施，便利移徙工人同他们的配偶或依照适用法律与移徙工人的关系具有相当于婚姻效力的个人以及同受他们抚养的未成年未婚子女团聚。 [~] |
| [ENG] 3. States of employment, on humanitarian
grounds, shall favourably consider granting equal treatment, as set
forth in paragraph 2 of the present article, to other family members of
migrant workers. | [CHI] 3. 就业国应根据人道的理由，有利地考虑按照本条第2款规定给予移徙工人其他家庭成员同等的待遇。 [~] |
| [ENG] Article 45 | [CHI] 第 45 条 [~] |
| [ENG] 1. Members of the families of migrant workers
shall, in the State of employment, enjoy equality of treatment with
nationals of that State in relation to: | [CHI] 1. 移徙工人的家庭成员在就业国内在以下方面应享有与该国国民同等的待遇： [~] |
| [ENG] (a) Access to educational institutions and
services, subject to the admission requirements and other regulations of
the institutions and services concerned; | [CHI] 在符合有关机构和服务的入学规定和其他规章的情况下，享用教育设施和服务； [~] |
| [ENG] (b) Access to vocational guidance and training
institutions and services, provided that requirements for participation
are met; | [CHI] 享受职业指导和训练机构和服务，但需符合参加的规定； [~] |
| [ENG] (c) Access to social and health services, provided that requirements for participation in the respective schemes are met; | [CHI] 享受社会服务和保健服务，但需符合参加各该种计划的规定； [~] |
| [ENG] (d) Access to and participation in cultural life. | [CHI] 享受和参加文化生活。 [~] |
| [ENG] 2. States of employment shall pursue a policy,
where appropriate in collaboration with the States of origin, aimed at
facilitating the integration of children of migrant workers in the local
school system, particularly in respect of teaching them the local
language. | [CHI] 2. 就业国应斟酌情况同原籍国协作，实施一项旨在促进移徙工人的子女进入当地学校系统就读的政策，特别是在有关教学当地语文方面。 [~] |
| [ENG] 3. States of employment shall endeavour to
facilitate for the children of migrant workers the teaching of their
mother tongue and culture and, in this regard, States of origin shall
collaborate whenever appropriate. | [CHI] 3. 就业国应努力促进移徙工人子女的母语和文化学习，原籍国在这方面应斟酌情况给予协作。 [~] |
| [ENG] 4. States of employment may provide special
schemes of education in the mother tongue of children of migrant
workers, if necessary in collaboration with the States of origin. | [CHI] 4. 就业国可以移徙工人子女的母语提供特别教学方案，必要时可同原籍国协作。 [~] |
| [ENG] Article 46 Migrant workers and members of their
families shall, subject to the applicable legislation of the States
concerned, as well as relevant international agreements and the
obligations of the States concerned arising out of their participation
in customs unions, enjoy exemption from import and export duties and
taxes in respect of their personal and household effects as well as the
equipment necessary to engage in the remunerated activity for which they
were admitted to the State of employment: (a) Upon departure from the
State of origin or State of habitual residence; | [CHI]
第 46 条 移徙工人及其家庭成员在： 离开原籍国或惯常居住国时； 最初进入就业国时； 最后离开就业国时； 最后回返原籍国或惯常居住国时；
其个人和家庭财物以及其获准进入就业国从事有报酬活动所需的设备，按照有关国家适用的立法规定以及有关的国际协定和有关国家因参加关税联盟而承担的义务，
享有免付进出口税捐和税款的待遇。 [~] |
| [ENG] (b) Upon initial admission to the State of employment; (c) Upon final departure from the State of employment; | [CHI] 第 47 条 [~] |
| [ENG] (d) Upon final return to the State of origin or
State of habitual residence. Article 47 1. Migrant workers shall have
the right to transfer their earnings and savings, in particular those
funds necessary for the support of their families, from the State of
employment to their State of origin or any other State. | [CHI] 1. 移徙工人应有权将其收益和储蓄、特别是为维持其家庭生计所需的款项，从就业国汇至原籍国或其他任何国家。 [~] |
| [ENG] Such transfers shall be made in conformity with
procedures established by applicable legislation of the State concerned
and in conformity with applicable international agreements. | [CHI] 这种汇兑应遵从有关国家适用的立法所规定的程序并遵从适用的国际协定。 [~] |
| [ENG] 2. States concerned shall take appropriate measures to facilitate such transfers. | [CHI] 2. 有关国家应采取适当措施便利这种汇兑。 [~] |
| [ENG] Article 48 | [CHI] 第 48 条 [~] |
| [ENG] 1. Without prejudice to applicable double
taxation agreements, migrant workers and members of their families
shall, in the matter of earnings in the State of employment: | [CHI] 1. 在不妨碍适用的双重征税协定的情况下，移徙工人及其家庭成员在就业国内的收益方面： [~] |
| [ENG] (a) Not be liable to taxes, duties or charges
of any description higher or more onerous than those imposed on
nationals in similar circumstances; | [CHI] 不应缴付比本国国民在类似情况所缴付的为高或繁重的任何种类税款、税捐或规费； [~] |
| [ENG] (b) Be entitled to deductions or exemptions
from taxes of any description and to any tax allowances applicable to
nationals in similar circumstances, including tax allowances for
dependent members of their families. | [CHI] 有权享受适用于本国国民在类似情况所享任何种类税款的减免办法，或任何税款的宽减办法，包括其受抚养家庭成员所享的税款宽减办法。 [~] |
| [ENG] 2. States Parties shall endeavour to adopt
appropriate measures to avoid double taxation of the earnings and
savings of migrant workers and members of their families. | [CHI] 2. 缔约国应致力采取适当措施，避免对移徙工人及其家庭成员的收益和储蓄双重课税。 [~] |
| [ENG] Article 49 | [CHI] 第 49 条 [~] |
| [ENG] 1. Where separate authorizations to reside and
to engage in employment are required by national legislation, the States
of employment shall issue to migrant workers authorization of residence
for at least the same period of time as their authorization to engage
in remunerated activity. | [CHI] 1. 在国家法律规定居留和就业须要分别获得许可时，就业国应至少在准许移徙工人从事有报酬活动的同一期间，给予他们居留许可。 [~] |
| [ENG] 2. Migrant workers who in the State of
employment are allowed freely to choose their remunerated activity shall
neither be regarded as in an irregular situation nor shall they lose
their authorization of residence by the mere fact of the termination of
their remunerated activity prior to the expiration of their work permits
or similar authorizations. | [CHI] 2. 在就业国内被允许自由选择其有报酬活动的移徙工人，不应仅由于在其工作许可或类似许可到期之前终止其有报酬活动，而被视为身份不正常或丧失其居留许可。 [~] |
| [ENG] 3. In order to allow migrant workers referred
to in paragraph 2 of the present article sufficient time to find
alternative remunerated activities, the authorization of residence shall
not be withdrawn at least for a period corresponding to that during
which they may be entitled to unemployment benefits. | [CHI] 3. 为允许本条第2款所指移徙工人有足够时间寻找其他有报酬活动，至少在相当于可享有失业津贴的期间，不应撤销其居留许可。 [~] |
| [ENG] Article 50 | [CHI] 第 50 条 [~] |
| [ENG] 1. In the case of death of a migrant worker or
dissolution of marriage, the State of employment shall favourably
consider granting family members of that migrant worker residing in that
State on the basis of family reunion an authorization to stay; the
State of employment shall take into account the length of time they have
already resided in that State. | [CHI] 1. 遇某一移徙工人死亡或解除婚姻关系，就业国应有利地考虑准许以家庭团聚为由在该国居住的该移徙工人的家庭成员留在该国；就业国应考虑到他们已在该国居住时间的长短。 [~] |
| [ENG] 2. Members of the family to whom such
authorization is not granted shall be allowed before departure a
reasonable period of time in order to enable them to settle their
affairs in the State of employment. | [CHI] 2. 未获这种许可的家庭成员，应准许他们在离境前一段合理时间处理其在就业国的事务。 [~] |
| [ENG] 3. The provisions of paragraphs I and 2 of the
present article may not be interpreted as adversely affecting any right
to stay and work otherwise granted to such family members by the
legislation of the State of employment or by bilateral and multilateral
treaties applicable to that State. | [CHI] 3. 本条第1款和第2款的规定不得解释为损害到就业国的立法或适用于该国的双边和多边条约在其他情况下给予这些家庭成员的任何逗留和工作的权利。 [~] |
| [ENG] Article 51 | [CHI] 第 51 条 [~] |
| [ENG] Migrant workers who in the State of employment
are not permitted freely to choose their remunerated activity shall
neither be regarded as in an irregular situation nor shall they lose
their authorization of residence by the mere fact of the termination of
their remunerated activity prior to the expiration of their work permit,
except where the authorization of residence is expressly dependent upon
the specific remunerated activity for which they were admitted. | [CHI] 在就业国内不被允许自由选择其有报酬活动的移徙工人，不应仅由于在其工作许可到期之前终止其有报酬活动，而被视为身份不正常或丧失其居留许可，但居留许可明确规定以入境从事某项有报酬活动为条件者不在此列。 [~] |
| [ENG] Such migrant workers shall have the right to
seek alternative employment, participation in public work schemes and
retraining during the remaining period of their authorization to work,
subject to such conditions and limitations as are specified in the
authorization to work. | [CHI] 此类移徙工人有权在工作许可所余期间寻找其他工作、参加公共工程计划和再训练，但须符合工作许可具体规定的此类条件和限制。 [~] |
| [ENG] Article 52 | [CHI] 第 52 条 [~] |
| [ENG] 1. Migrant workers in the State of employment
shall have the right freely to choose their remunerated activity,
subject to the following restrictions or conditions. | [CHI] 1. 移徙工人在就业国内应有权自由选择其有报酬活动，但须符合下列限制或条件。 [~] |
| [ENG] 2. For any migrant worker a State of employment may: | [CHI] 2. 就业国得对任何移徙工人： [~] |
| [ENG] (a) Restrict access to limited categories of
employment, functions, services or activities where this is necessary in
the interests of this State and provided for by national legislation; | [CHI] 根据本国利益的需要和国家立法的规定，限制从事某些种类的工作、职务、服务或活动； [~] |
| [ENG] (b) Restrict free choice of remunerated
activity in accordance with its legislation concerning recognition of
occupational qualifications acquired outside its territory. | [CHI] 根据其关于对境外取得的职业资格给予承认的立法规定，限制自由选择有报酬活动。 [~] |
| [ENG] However, States Parties concerned shall endeavour to provide for recognition of such qualifications. | [CHI] 但有关缔约国应尽力对这类资格给予承认。 [~] |
| [ENG] 3. For migrant workers whose permission to work is limited in time, a State of employment may also: | [CHI] 3. 对获准工作的时间有限制的移徙工人，就业国并得： [~] |
| [ENG] (a) Make the right freely to choose their
remunerated activities subject to the condition that the migrant worker
has resided lawfully in its territory for the purpose of remunerated
activity for a period of time prescribed in its national legislation
that should not exceed two years; | [CHI] 对自由选择其有报酬活动的权利附加以下条件，即移徙工人已合法在其境内居留以从事国家立法规定一段期间不超过两年的有报酬活动； [~] |
| [ENG] (b) Limit access by a migrant worker to
remunerated activities in pursuance of a policy of granting priority to
its nationals or to persons who are assimilated to them for these
purposes by virtue of legislation or bilateral or multilateral
agreements. | [CHI] 为推行给予本国国民或给予依据立法或双边或多边协定为此目的同化为国民的人优先的政策，限制移徙工人从事有报酬的活动。 [~] |
| [ENG] Any such limitation shall cease to apply to a
migrant worker who has resided lawfully in its territory for the purpose
of remunerated activity for a period of time prescribed in its national
legislation that should not exceed five years. | [CHI] 任何此类限制对已合法在其境内居留以从事国家立法规定一段期间不超过五年的有报酬活动的移徙工人应停止适用。 [~] |
| [ENG] 4. States of employment shall prescribe the
conditions under which a migrant worker who has been admitted to take up
employment may be authorized to engage in work on his or her own
account. | [CHI] 4. 就业国应规定已获接纳入境工作的移徙工人可获准自行从事工作的条件。 [~] |
| [ENG] Account shall be taken of the period during which the worker has already been lawfully in the State of employment. | [CHI] 应考虑到该移徙工人已在就业国合法停留的期间。 [~] |
| [ENG] Article 53 | [CHI] 第 53 条 [~] |
| [ENG] 1. Members of a migrant worker's family who
have themselves an authorization of residence or admission that is
without limit of time or is automatically renewable shall be permitted
freely to choose their remunerated activity under the same conditions as
are applicable to the said migrant worker in accordance with article 52
of the present Convention. | [CHI] 1. 如某一移徙工人的家庭成员本人的居留或入境许可没有时间限制或可自动延期时，则他们应获准依照本公约第52条所规定适用于该移徙工人的同样条件，自由选择他们有报酬的活动。 [~] |
| [ENG] 2. With respect to members of a migrant
worker's family who are not permitted freely to choose their remunerated
activity, States Parties shall consider favourably granting them
priority in obtaining permission to engage in a remunerated activity
over other workers who seek admission to the State of employment,
subject to applicable bilateral and multilateral agreements. | [CHI] 2. 关于某一移徙工人的不被允许自由选择他们有报酬活动的家庭成员，除适用的双边和多边协定另有规定外，缔约国应对他们申请从事有报酬活动的许可，给予较申请进入就业国的其他工人为优先的有利考虑。 [~] |
| [ENG] Article 54 | [CHI] 第 54 条 [~] |
| [ENG] 1. Without prejudice to the terms of their
authorization of residence or their permission to work and the rights
provided for in articles 25 and 27 of the present Convention, migrant
workers shall enjoy equality of treatment with nationals of the State of
employment in respect of: | [CHI] 1. 在不损及关于其居住许可或其工作许可规定以及本公约第25条和第27条规定的权利的情况下，移徙工人在下列方面应享有与就业国国民同等的待遇： [~] |
| [ENG] (a) Protection against dismissal; | [CHI] 解雇保障； [~] |
| [ENG] (b) Unemployment benefits; | [CHI] 失业津贴； [~] |
| [ENG] (c) Access to public work schemes intended to combat unemployment; | [CHI] 参加旨在遏制失业现象的公共工程计划； [~] |
| [ENG] (d) Access to alternative employment in the
event of loss of work or termination of other remunerated activity,
subject to article 52 of the present Convention. | [CHI] 在失去工作时或在其他有报酬活动终止时获得其他工作，但须符合本公约第52条的规定。 [~] |
| [ENG] 2. If a migrant worker claims that the terms of
his or her work contract have been violated by his or her employer, he
or she shall have the right to address his or her case to the competent
authorities of the State of employment, on terms provided for in article
18, paragraph 1, of the present Convention. | [CHI] 2. 某一移徙工人如声称其雇主违反了工作合同上的条件，应有权按照本公约第18条第1款的规定，向就业国主管当局提出申诉。 [~] |
| [ENG] Article 55 | [CHI] 第 55 条 [~] |
| [ENG] Migrant workers who have been granted
permission to engage in a remunerated activity, subject to the
conditions attached to such permission, shall be entitled to equality of
treatment with nationals of the State of employment in the exercise of
that remunerated activity. | [CHI] 获准从事一项有报酬活动的移徙工人，在符合该种许可所附的条件的情况下，享有与从事该项有报酬活动的就业国国民同等的待遇。 [~] |
| [ENG] Article 56 | [CHI] 第 56 条 [~] |
| [ENG] 1. Migrant workers and members of their
families referred to in the present part of the Convention may not be
expelled from a State of employment, except for reasons defined in the
national legislation of that State, and subject to the safeguards
established in part III. | [CHI] 1. 本公约本部分所指移徙工人及其家庭成员，除根据就业国国家立法规定的理由，并依照第三部分所述的保障规定外，不得从就业国被驱逐出境。 [~] |
| [ENG] 2. Expulsion shall not be resorted to for the
purpose of depriving a migrant worker or a member of his or her family
of the rights arising out of the authorization of residence and the work
permit. | [CHI] 2. 不得为了剥夺某一移徙工人或其一家庭成员根据居留许可和工作许可而享有的权利的目的而进行驱逐。 [~] |
| [ENG] 3. In considering whether to expel a migrant
worker or a member of his or her family, account should be taken of
humanitarian considerations and of the length of time that the person
concerned has already resided in the State of employment. | [CHI] 3. 在考虑是否驱逐某一移徙工人或其一家庭成员时，应照顾到人道的考虑和当事人已在就业国居住时间的长短。 [~] |
| [ENG] PART V PROVISIONS APPLICABLE TO PARTICULAR CATEGORIES OF MIGRANT WORKERS AND OF THEIR FAMILIES | [CHI] 第 五 部 分 适用于特殊类别的移徙工人及其家庭成员的规定 [~] |
| [ENG] Article 57 | [CHI] 第 57 条 [~] |
| [ENG] The particular categories of migrant workers
and members of their families specified in the present part of the
Convention who are documented or in a regular situation shall enjoy the
rights set forth in part m and, except as modified below, the rights set
forth in part IV. | [CHI] 本公约本部分具体规定的持有证件或身份正常的特殊类别的移徙工人及其家庭成员，应享有第三部分所列权利以及除下面所述例外情况外第四部分所列权利。 [~] |
| [ENG] Article 58 | [CHI] 第 58 条 [~] |
| [ENG] 1. Frontier workers, as defined in article 2,
paragraph 2 (a), of the present Convention, shall be entitled to the
rights provided for in part IV that can be applied to them by reason of
their presence and work in the territory of the State of employment,
taking into account that they do not have their habitual residence in
that State. | [CHI] 1. 本公约第2条第2款(a)项界定的边境工人，考虑到他们的惯常住所不在就业国境内，应享有第四部分所规定由于他们身在该国并在其境内工作而可适用他们的权利。 [~] |
| [ENG] 2. States of employment shall consider
favourably granting frontier workers the right freely to choose their
remunerated activity after a specified period of time. | [CHI] 2. 就业国应有利地考虑在经过一段规定期间后，给予边境工人自由选择其有报酬活动的权利。 [~] |
| [ENG] The granting of that right shall not affect their status as frontier workers. | [CHI] 给予该项权利应不影响他们作为边境工人的身份。 [~] |
| [ENG] Article 59 | [CHI] 第 59 条 [~] |
| [ENG] 1. Seasonal workers, as defined in article 2,
paragraph 2 (b), of the present Convention, shall be entitled to the
rights provided for in part IV that can be applied to them by reason of
their presence and work in the territory of the State of employment and
that are compatible with their status in that State as seasonal workers,
taking into account the fact that they are present in that State for
only part of the year. | [CHI] 1. 本公约第2条第2款(b)项界定的季节工人，考虑到他们在就业国只逗留一年中的部分时间，应享有第四部分所规定由于他们身在该国并在其境内工作而可适用他们并符合他们在该国作为季节工人的身份的权利。 [~] |
| [ENG] 2. The State of employment shall, subject to
paragraph 1 of the present article, consider granting seasonal workers
who have been employed in its territory for a significant period of time
the possibility of taking up other remunerated activities and giving
them priority over other workers who seek admission to that State,
subject to applicable bilateral and multilateral agreements. | [CHI] 2. 就业国对于在其境内已受雇相当一段期间的季节工人，应在符合本条第1款的规定下，考虑给予从事其他有报酬活动的可能性，并且在符合适用的双边和多边协定下，给予较申请进入该国的其他工人为优先的机会。 [~] |
| [ENG] Article 60 | [CHI] 第 60 条 [~] |
| [ENG] Itinerant workers, as defined in article 2,
paragraph 2 (A), of the present Convention, shall be entitled to the
rights provided for in part IV that can be granted to them by reason of
their presence and work in the territory of the State of employment and
that are compatible with their status as itinerant workers in that
State. | [CHI] 本公约第2条第2款(e)项界定的行旅工人，应享有第四部分所规定由于他们身在就业国并在其境内工作而可给予他们并符合在该国作为行旅工人的身份的权利。 [~] |
| [ENG] Article 61 | [CHI] 第 61 条 [~] |
| [ENG] 1. Project-tied workers, as defined in article
2, paragraph 2 (of the present Convention, and members of their families
shall be entitled to the rights provided for in part IV except the
provisions of article 43, paragraphs I (b) and (c), article 43,
paragraph I (d), as it pertains to social housing schemes, article 45,
paragraph I (b), and articles 52 to 55. | [CHI] 1. 本公约第2条第2款(f)项界定的项目工人及其家庭成员，应享有第四部分所规定的各项权利，但以下条款的规定除外：第43条第1款(b)项和(c)项、有关公共住宅计划的第43条第1款(d)项、第45条第1款(b)项和第52至55条。 [~] |
| [ENG] 2. If a project-tied worker claims that the
terms of his or her work contract have been violated by his or her
employer, he or she shall have the right to address his or her case to
the competent authorities of the State which has jurisdiction over that
employer, on terms provided for in article 18, paragraph 1, of the
present Convention. | [CHI] 2. 某一项目工人如声称其雇主违反了工作合同上的条件，应有权按照本公约第18条第1款的规定，向对该名雇主具有管辖权的国家主管当局提出申诉。 [~] |
| [ENG] 3. Subject to bilateral or multilateral
agreements in force for them, the States Parties concerned shall
endeavour to enable project-tied workers to remain adequately protected
by the social security systems of their States of origin or habitual
residence during their engagement in the project. | [CHI] 3. 有关缔约国依照其现行双边或多边协定的规定，应致力使项目工人在从事项目工作期间仍受原籍国或惯常居住国社会保障制度的充分保护。 [~] |
| [ENG] States Parties concerned shall take appropriate
measures with the aim of avoiding any denial of rights or duplication
of payments in this respect. | [CHI] 有关缔约国应采取适当措施，以避免在这方面权利受到任何否定或要重复缴款。 [~] |
| [ENG] 4. Without prejudice to the provisions of
article 47 of the present Convention and to relevant bilateral or
multilateral agreements, States Parties concerned shall permit payment
of the earnings of project-tied workers in their State of origin or
habitual residence. | [CHI] 4. 在不损及本公约第47条规定以及有关双边或多边协定的情况下，有关缔约国应允许项目工人的工资在其原籍国或惯常居住国给付。 [~] |
| [ENG] Article 62 | [CHI] 第 62 条 [~] |
| [ENG] 1. Specified-employment workers as defined in
article 2, paragraph 2 (g), of the present Convention, shall be entitled
to the rights provided for in part IV, except the provisions of article
43, paragraphs I (b) and (c), article 43, paragraph I (d), as it
pertains to social housing schemes, article 52, and article 54,
paragraph 1 (d). | [CHI] 1. 本公约第2条第2款(g)项界定的特定聘用工人，应享有第四部分所规定的各项权利，但以下条款的规定除外：第43条第1款(b)项和(c)项、有关公共住宅计划的第43条第1款(d)项、第52条和第54条第1款(d)项。 [~] |
| [ENG] 2. Members of the families of
specified-employment workers shall be entitled to the rights relating to
family members of migrant workers provided for in part IV of the
present Convention, except the provisions of article 53. | [CHI] 2. 特定聘用工人的家庭成员应享有本公约第四部分有关移徙工人家庭成员的权利，但第53条的规定除外。 [~] |
| [ENG] Article 63 | [CHI] 第 63 条 [~] |
| [ENG] 1. Self-employed workers, as defined in article
2, paragraph 2 (h), of the pre sent Con vent ion , shall be entitled to
the rights provided for in part IV with the exception of those rights
which are exclusively applicable to workers having a contract of
employment. | [CHI] 1. 本公约第2条第2款(h)项界定的自营职业工人，应享有第四部分所规定的各项权利，但只适用于持有雇用合同的工人的权利除外。 [~] |
| [ENG] 2. Without prejudice to articles 52 and 79 of
the present Convention, the termination of the economic activity of the
self-employed workers shall not in itself imply the withdrawal of the
authorization for them or for the members of their families to stay or
to engage in a remunerated activity in the State of employment except
where the authorization of residence is expressly dependent upon the
specific remunerated activity for which they were admitted. | [CHI] 2. 在不损及本公约第52和79条的情况下，自营职业工人结束经济活动本身并不表示对其本人或其家庭成员在就业国内逗留或从事有报酬活动许可的撤消，但明确规定居住许可取决于接纳他们入境从事具体有报酬活动的情况除外。 [~] |
| [ENG] PART VI | [CHI] 第 六 部 分 [~] |
| [ENG] PROMOTION OF SOUND, EQUITABLE, HUMANE AND
LAWFUL CONDITIONS CONNECTION WITH INTERNATIONAL MIGRATION OF WORKERS AND
MEMBERS OF THEIR FAMILIES | [CHI] 增进工人及其家庭成员国际移徙的 合理、公平、人道和合法条件 [~] |
| [ENG] Article 64 | [CHI] 第 64 条 [~] |
| [ENG] 1. Without prejudice to article 79 of the
present Convention, the States Parties concerned shall as appropriate
consult and co-operate with a view to promoting sound, equitable and
humane conditions in connection with international migration of workers
and members of their families. | [CHI] 1. 在不损及本公约第79条的情况下，有关缔约国应酌情进行协商与合作，以期增进工人及其家庭成员国际移徙的合理、公平和人道条件。 [~] |
| [ENG] 2. In this respect, due regard shall be paid
not only to labour needs and resources, but also to the social,
economic, cultural and other needs of migrant workers and members of
their families involved, as well as to the consequences of such
migration for the communities concerned. | [CHI] 2. 在这方面，不仅应适当顾及劳力需求和资源，还应顾到所涉移徙工人及其家庭成员的社会、经济、文化及其他需要以及这种移徙对有关社会造成的后果。 [~] |
| [ENG] Article 65 | [CHI] 第 65 条 [~] |
| [ENG] 1. States Parties shall maintain appropriate
services to deal with questions concerning international migration of
workers and members of their families. | [CHI] 1. 缔约国应设有适当机构来处理有关工人及其家庭成员的国际移徙问题。 [~] |
| [ENG] Their functions shall include, inter alia: | [CHI] 除其他外，这种机构的职务应包括： [~] |
| [ENG] (a) The formulation and implementation of policies regarding such migration; | [CHI] 制订和执行关于这种移徙的政策； [~] |
| [ENG] (b) An exchange of information. consultation
and co-operation with the competent authorities of other States Parties
involved in such migration; | [CHI] 同涉及这种移徙的其他缔约国的主管当局交换资料，进行协商与合作； [~] |
| [ENG] (c) The provision of appropriate information,
particularly to employers, workers and their organizations on policies,
laws and regulations relating to migration and employment, on agreements
concluded with other States concerning migration and on other relevant
matters; | [CHI] 提供关于有关移徙和就业的政策、法律和规章、关于同其他国家就移徙缔结的协定和关于其他有关事项的适当资料，特别是向雇主、工人和他们的组织提供这种资料； [~] |
| [ENG] (d) The provision of information and
appropriate assistance to migrant workers and members of their families
regarding requisite authorizations and formalities and arrangements for
departure, travel, arrival, stay, remunerated activities, exit and
return, as well as on conditions of work and life in the State of
employment and on customs, currency, tax and other relevant laws and
regulations. | [CHI] 向移徙工人及其家庭成员提供关于离境、旅行、到达、逗留、从事有报酬活动、出境和返回所需的许可、正规手续和安排的资料，以及关于在就业国内工作和生活的条件和关于关税、货币、税款和其他有关法律和规章的资料，并给予这些方面的适当协助。 [~] |
| [ENG] 2. States Parties shall facilitate as
appropriate the provision of adequate consular and other services that
are necessary to meet the social, cultural and other needs of migrant
workers and members of their families. | [CHI] 2. 缔约国应酌情便利提供满足移徙工人及其家庭成员的社会、文化和其他需要所必需的适当领事服务和其他服务。 [~] |
| [ENG] Article 66 | [CHI] 第 66 条 [~] |
| [ENG] 1. Subject to paragraph 2 of the present
article, the right to undertake operations with a view to the
recruitment of workers for employment in another State shall be
restricted to: | [CHI] 1. 在符合本条第2款的规定下，进行活动以招募工人在另一国就业的权利应限于： [~] |
| [ENG] (a) Public services or bodies of the State in which such operations take place; | [CHI] 进行这种活动的所在国的公共机构或机关； [~] |
| [ENG] (b) Public services or bodies of the State of employment on the basis of agreement between the States concerned; | [CHI] 根据有关国家间的协定，就业国的公共机构或机关； [~] |
| [ENG] (c) A body established by virtue of a bilateral or multilateral agreement. | [CHI] 按双边或多边协定设立的机关。 [~] |
| [ENG] 2. Subject to any authorization, approval and
supervision by the public authorities of the States Parties concerned as
may be established pursuant to the legislation and practice of those
States, agencies, prospective employers or persons acting on their
behalf may also be permitted to undertake the said operations. | [CHI] 2. 如经有关缔约国按照本国立法和惯例可能设立的公共当局授权、核可和监督，机构、未来雇主或代表它们的人员也可被允许进行这种活动。 [~] |
| [ENG] Article 67 | [CHI] 第 67 条 [~] |
| [ENG] 1. States Parties concerned shall co-operate as
appropriate in the adoption of measures regarding the orderly return of
migrant workers and members of their families to the State of origin
when they decide to return or their authorization of residence or
employment expires or when they are in the State of employment in an
irregular situation. | [CHI] 1. 有关缔约国应酌情合作采取措施，使移徙工人及其家庭成员在决定返回或在居住许可或工作许可满期时或在其在就业国身份不正常时，有秩序地返回其原籍国。 [~] |
| [ENG] 2. Concerning migrant workers and members of
their families in a regular situation, States Parties concerned shall
co-operate as appropriate, on terms agreed upon by those States, with a
view to promoting adequate economic conditions for their resettlement
and to facilitating their durable social and cultural reintegration in
the State of origin. | [CHI] 2. 关于身份正常的移徙工人及其家庭成员，有关缔约国应根据这些国家共同议定的条件酌情进行合作，为他们重新定居创造适当的经济条件，并便利他们在原籍国在社会和文化方面的持久重新融合。 [~] |
| [ENG] Article 68 | [CHI] 第 68 条 [~] |
| [ENG] 1. States Parties, including States of transit,
shall collaborate with a view to preventing and eliminating illegal or
clandestine movements and employment of migrant workers in an irregular
situation. | [CHI] 1. 缔约国、包括过境国在内，应进行协作，以期防止和杜绝身份不正常的移徙工人非法或秘密移动和就业。 [~] |
| [ENG] The measures to be taken to this end within the jurisdiction of each State concerned shall include: | [CHI] 有关各国管辖范围内为此目的采取的措施应包括： [~] |
| [ENG] (a) Appropriate measures against the dissemination of misleading information relating to emigration and immigration; | [CHI] 制止散播有关移民出境和入境的错误资料的适当措施； [~] |
| [ENG] (b) Measures to detect and eradicate illegal or
clandestine movements of migrant workers and members of their families
and to impose effective sanctions on persons, groups or entities which
organize, operate or assist in organizing or operating such movements; | [CHI] 侦查和杜绝移徙工人及其家庭成员的非法或秘密移动，并对组织、办理或协助组织或办理这种移动的个人、团体或实体加以有效制裁的措施； [~] |
| [ENG] (c) Measures to impose effective sanctions on
persons, groups or entities which use violence, threats or intimidation
against migrant workers or members of their families in an irregular
situation. | [CHI] 对于对身份不正常的移徙工人或其家庭成员使用暴力、威胁或恫吓的个人、团体或实体加以有效制裁的措施。 [~] |
| [ENG] 2. States of employment shall take all adequate
and effective measures to eliminate employment in their territory of
migrant workers in an irregular situation, including, whenever
appropriate, sanctions on employers of such workers. | [CHI] 2. 就业国应采取杜绝其境内身份不正常的移徙工人的就业的一切适当和有效措施，包括适当时对雇用此类工人的雇主加以制裁。 [~] |
| [ENG] The rights of migrant workers vis-a-vis their employer arising from employment shall not be impaired by these measures. | [CHI] 这些措施不得损害移徙工人由于受雇对其雇主而言的权利。 [~] |
| [ENG] Article 69 | [CHI] 第 69 条 [~] |
| [ENG] 1. States Parties shall, when there are migrant
workers and members of their families within their territory in an
irregular situation, take appropriate measures to ensure that such a
situation does not persist. | [CHI] 1. 缔约国遇其境内有身份不正常的移徙工人及其家庭成员时，应采取适当措施确保这种情况不会继续下去。 [~] |
| [ENG] 2. Whenever States Parties concerned consider
the possibility of regularizing the situation of such persons in
accordance with applicable national legislation and bilateral or
multilateral agreements, appropriate account shall be taken of the
circumstances of their entry, the duration of their stay in the States
of employment and other relevant considerations, in particular those
relating to their family situation. | [CHI] 2. 有关缔约国在考虑按照适用的国家立法和双边或多边协定使这类人的身份正常化的可能性时，应适当顾及他们在就业国入境时的情况、他们逗留的时间长短及其他有关的考虑，特别是有关其家庭状况的考虑。 [~] |
| [ENG] Article 70 | [CHI] 第 70 条 [~] |
| [ENG] States Parties shall take measures not less
favourable than those applied to nationals to ensure that working and
living conditions of migrant workers and members of their families in a
regular situation are in keeping with the standards of fitness, safety,
health and principles of human dignity. | [CHI] 缔约国应采取不亚于适用于本国国民的措施，确保身份正常的移徙工人及其家庭成员的工作和生活条件符合强健、安全、卫生的标准和人的尊严的原则。 [~] |
| [ENG] Article 71 | [CHI] 第 71 条 [~] |
| [ENG] 1. States Parties shall facilitate, whenever
necessary, the repatriation to the State of origin of the bodies of
deceased migrant workers or members of their families. | [CHI] 1. 缔约国应在必要时提供便利，将死亡移徙工人或死亡家庭成员的遗体运回原籍国。 [~] |
| [ENG] 2. As regards compensation matters relating to
the death of a migrant worker or a member of his or her family, States
Parties shall, as appropriate~ provide assistance to the persons
concerned with a view to the prompt settlement of such matters. | [CHI] 2. 关于涉及某一移徙工人或其一家庭成员的死亡赔偿问题，缔约国应酌情协助当事人及时解决问题。 [~] |
| [ENG] Settlement of these matters shall be carried
out on the basis of applicable national law in accordance with the
provisions of the present Convention and any relevant bilateral or
multilateral agreements. | [CHI] 这些问题的解决应按照本公约的规定和任何有关的双边或多边协定，根据适用的国家法律进行。 [~] |
| [ENG] PART VII APPLICATION OF THE CONVENTION | [CHI] 第 七 部 分 公 约 的 适 用 [~] |
| [ENG] Article 72 | [CHI] 第 72 条 [~] |
| [ENG] 1. (a) For the purpose of reviewing the
application of the present Convention, there shall be established a
Committee on the Protection of the Rights of All Migrant Workers and
Members of Their Families (hereinafter referred to as "the Committee"); | [CHI] 1.(a) 为审查本公约适用情况的目的，应设立保护所有移徙工人及其家庭成员权利委员会(以下简称“委员会”)； [~] |
| [ENG] (b) The Committee shall consist, at the time of
entry into force of the present Convention, of ten and, after the entry
into force of the Convention for the forty-first State Party, of
fourteen experts of high moral standing, impartiality and recognized
competence in the field covered by the Convention. | [CHI] (b) 委员会在本公约开始生效时应由十名专家组成，在本公约对第四十一个缔约国生效之后由十四名专家组成，这些专家应是德高望重、公正不偏且在本公约所涉领域具有公认能力的。 [~] |
| [ENG] 2. (a) Members of the Committee shall be
elected by secret ballot by the States Parties from a list of persons
nominated by the States Parties, due consideration being given to
equitable geographical distribution, including both States of origin and
States of employment, and to the representation of the principal legal
system. | [CHI] 2.(a) 委员会的成员应由缔约国从缔约国提名的人员名单中以无记名投票方式选出，同时应适当考虑到公平地域分配、包括原籍国和就业国，以及考虑到各主要法系的代表性。 [~] |
| [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人； [~] |
| [ENG] (b) Members shall be elected and shall serve in their personal capacity. | [CHI] (b) 成员应以个人资格当选和任职。 [~] |
| [ENG] 3. The initial election shall be held no later
than six months after the date of the entry into force of the present
Convention and subsequent elections every second year. | [CHI] 3. 第一次选举应在本公约生效之日起六个月内举行，其后的选举每两年举行一次。 [~] |
| [ENG] At least four months before the date of each
election, the Secretary-General of the United Nations shall address a
letter to all States Parties inviting them to submit their nominations
within two months. | [CHI] 联合国秘书长应在每一次选举日期至少四个月之前向所有缔约国发出信件，请它们在两个月内提名候选人。 [~] |
| [ENG] The Secretary-General shall prepare a list in
alphabetical order of all persons thus nominated, indicating the States
Parties that have nominated them, and shall submit it to the States
Parties not later than one month before the date of the corresponding
election, together with the curricula vitae of the persons thus
nominated. | [CHI] 秘书长应按字母顺序开列被提名人名单，注明提名的缔约国，并应至迟在该次选举日期前一个月内将被提名人的名单及履历一并提交缔约国。 [~] |
| [ENG] 4. Elections of members of the Committee shall
be held at a meeting of States Parties convened by the Secretary-General
at United Nations Headquarters. | [CHI] 4. 委员会成员的选举应由秘书长在联合国总部召开缔约国会议进行。 [~] |
| [ENG] At that meeting, for which two thirds of the
States Parties shall constitute a quorum, the persons elected to the
Committee shall be those nominees who obtain the largest number of votes
and an absolute majority of the votes of the States Parties present and
voting. | [CHI] 该会议的法定人数应为缔约国的三分之二，获得出席并参加表决的缔约国最多票数并为绝对多数票者当选为成员。 [~] |
| [ENG] 5. (a) The members of the Committee shall serve for a term of four years. | [CHI] 5.(a) 委员会成员的任期应为四年。 [~] |
| [ENG] However, the terms of five of the members
elected in 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 of States Parties; | [CHI] 但第一次选举的当选成员五人的任期应在两年结束时届满，该五名成员应由缔约国会议主席在第一次选举后立即由抽签方式选定； [~] |
| [ENG] (b) The election of the four additional members
of the Committee shall be held in accordance with the provisions of
paragraphs 2, 3 and 4 of the present article, following the entry into
force of the Convention for the forty-first State Party. | [CHI] (b) 应在本公约对第四十一个缔约国生效时，根据本条第2、3和4款的规定，选举委员会的另四名成员。 [~] |
| [ENG] The term of two of the additional members
elected on this occasion shall expire at the end of two years; the names
of these members shall be chosen by lot by the Chairman of the meeting
of States Parties; | [CHI] 此次选举的当选成员二人的任期应在两年结束时届满；该二名成员应由缔约国会议主席以抽签方式选定； [~] |
| [ENG] (c) The members of the Committee shall be eligible for re-election if renominated. | [CHI] (c) 委员会成员如获提名可连选连任。 [~] |
| [ENG] 6. 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 that nominated the expert
shall appoint another expert from among its own nationals for the
remaining part of the term. | [CHI] 6. 如果委员会的一名成员死亡或辞职，或是宣布因任何其他理由而无法再履行委员会的职责，提名该专家的缔约国应从该国国民任命另一名专家接任，直到此项任期届满。 [~] |
| [ENG] The new appointment is subject to the approval of the Committee. | [CHI] 新任命须经委员会认可。 [~] |
| [ENG] 7. The Secretary-General of the United Nations
shall provide the necessary staff and facilities for the effective
performance of the functions of the Committee. | [CHI] 7. 联合国秘书长应为委员会有效履行职责提供所需的工作人员和设施。 [~] |
| [ENG] 8. The members of the Committee shall receive
emoluments from United Nations resources on such terms and conditions as
the General Assembly may decide. | [CHI] 8. 委员会成员应依照大会所定的条件，从联合国资源支取薪酬。 [~] |
| [ENG] 9. The members of the Committee shall be
entitled to the facilities, privileges and immunities of experts on
mission for the United Nations as laid down in the relevant sections of
the Convention on the Privileges and Immunities of the United Nations. | [CHI] 9. 委员会成员应享有《联合国特权及豁免公约》有关章节为执行联合国任务的专家所规定的便利、特权和豁免。 [~] |
| [ENG] Article 73 | [CHI] 第 73 条 [~] |
| [ENG] 1. States Parties undertake to submit to the
Secretary-General of the United Nations for consideration by the
Committee a report on the legislative, judicial, administrative and
other measures they have taken to give effect to the provisions of the
present Convention: (a) Within one year after the entry into force of
the Convention for the State Party concerned; | [CHI] 1. 缔约国承允： 在公约对有关缔约国生效后一年内； 此后每隔五年及当委员会要求时； 就其为实施本公约各项规定所采取的立法、司法、行政和其他措施的情况，向联合国秘书长提出报告，供委员会审议。 [~] |
| [ENG] (b) Thereafter every five years and whenever
the Committee so requests. 2. Reports prepared under the present article
shall also indicate factors and difficulties, if any, affecting the
implementation of the Convention and shall include information on the
characteristics of migration flows in which the State Party concerned is
involved. | [CHI] 2. 按照本条编写的报告还应说明影响本公约执行情况的任何因素和困难，并应载列涉及有关缔约国的移徙流动的特征资料。 [~] |
| [ENG] 3. The Committee shall decide any further guidelines applicable to the content of the reports. | [CHI] 3. 委员会应决定适用于报告内容的任何进一步指导方针。 [~] |
| [ENG] 4. States Parties shall make their reports widely available to the public in their own countries. | [CHI] 4. 缔约国应向本国的民众广泛提供其报告。 [~] |
| [ENG] Article 74 | [CHI] 第 74 条 [~] |
| [ENG] 1. The Committee shall examine the reports
submitted by each State Party and shall transmit such comments as it may
consider appropriate to the State Party concerned. | [CHI] 1. 委员会应审查每一缔约国所提出的报告，并应将它可能认为适当的这类评论递送有关缔约国。 [~] |
| [ENG] This State Party may submit to the Committee
observations on any comment made by the Committee in accordance with the
present article. | [CHI] 该缔约国可向委员会提出对委员会按照本条所作任何评论的意见。 [~] |
| [ENG] The Committee may request supplementary information from States Parties when considering these reports. | [CHI] 在审议这些报告时，委员会可要求缔约国提供补充资料。 [~] |
| [ENG] 2. The Secretary-General of the United Nations
shall, in due time before the opening of each regular session of the
Committee, transmit to the Director-General of the International Labour
Office copies of the reports submitted by States Parties concerned and
information relevant to the consideration of these reports, in order to
enable the Office to assist the Committee with the expertise the Office
may provide regarding those matters dealt with by the present Convention
that fall within the sphere of competence of the International Labour
Organisation. | [CHI] 2. 联合国秘书长应在委员会每届常会召开前的适当时间，将有关缔约国提出报告的副本以及与审议这些报告有关的资料送交国际劳工局总干事，以便劳工局可就本公约所涉属于国际劳工组织职权范围内的事项提供专家意见以协助委员会。 [~] |
| [ENG] The Committee shall consider in its deliberations such comments and materials as the Office may provide. | [CHI] 委员会在审议时应考虑劳工局可能提供的这类评论和材料。 [~] |
| [ENG] 3. The Secretary-General of the United Nations
may also, after consultation with the Committee, transmit to other
specialized agencies as well as to intergovernmental organizations,
copies of such parts of these reports as may fall within their
competence. | [CHI] 3. 联合国秘书长同委员会磋商后，还可将这些报告中属于其他专门机构和政府间组织主管范围内的有关部分的副本送交它们。 [~] |
| [ENG] 4. The Committee may invite the specialized
agencies and organs of the United Nations, as well as intergovernmental
organizations and other concerned bodies to submit, for consideration by
the Committee, written information on such matters dealt with in the
present Convention as fall within the scope of their activities. | [CHI] 4. 委员会可请各专门机构和联合国其他机构以及政府间组织和其他有关机关就本公约所涉属于它们活动范围内的事项提交书面资料，供委员会审议。 [~] |
| [ENG] 5. The International Labour Office shall be
invited by the Committee to appoint representatives to participate, in a
consultative capacity, in the meetings of the Committee. | [CHI] 5. 委员会应邀请国际劳工局指定代表以咨询身份参加委员会会议。 [~] |
| [ENG] 6. The Committee may invite representatives of
other specialized agencies and organs of the United Nations, as well as
of intergovernmental organizations, to be present and to be heard in its
meetings whenever matters falling within their field of competence are
considered. | [CHI] 6. 委员会可邀请其他专门机构和联合国各机构以及政府间组织的代表出席委员会审议属于它们主管领域事项的会议并发表意见。 [~] |
| [ENG] 7. The Committee shall present an annual report
to the General Assembly of the United Nations on the implementation of
the present Convention, containing its own considerations and
recommendations, based, in particular, on the examination of the reports
and any observations presented by States Parties. | [CHI] 7. 委员会应向联合国大会就本公约的执行情况提出年度报告，其中载有它本身根据特别是审查缔约国提出的报告和任何意见所提出的考虑和建议。 [~] |
| [ENG] 8. The Secretary-General of the United Nations
shall transmit the annual reports of the Committee to the States Parties
to the present Convention, the Economic and Social Council, the
Commission on Human Rights of the United Nations, the Director-General
of the International Labour Office and other relevant organizations. | [CHI] 8. 联合国秘书长应将委员会的年度报告递送本公约缔约国、经济及社会理事会、联合国人权委员会、国际劳工总局总干事和其他有关组织。 [~] |
| [ENG] Article 75 | [CHI] 第 75 条 [~] |
| [ENG] 1. The Committee shall adopt its own rules of procedure. | [CHI] 1. 委员会应自行制订其议事规则。 [~] |
| [ENG] 2. The Committee shall elect its officers for a term of two years. | [CHI] 2. 委员会应选出其主席团成员，任期两年。 [~] |
| [ENG] 3. The Committee shall normally meet annually. | [CHI] 3. 委员会通常应每年举行会议。 [~] |
| [ENG] 4. The meetings of the Committee shall normally be held at United Nations Headquarters. | [CHI] 4. 委员会会议一般应在联合国总部举行。 [~] |
| [ENG] Article 76 | [CHI] 第 76 条 [~] |
| [ENG] 1. A State Party to the present Convention may
at any time declare under this article that it recognizes the competence
of the Committee to receive and consider communications to the effect
that a State Party claims that another State Party is not fulfilling its
obligations under the present Convention. | [CHI] 1. 本公约缔约国可在任何时候根据本条规定宣布它承认委员会受理和审议以下来文的权限：一个缔约国指称另一个缔约国没有履行其在本公约规定下所承担义务的来文。 [~] |
| [ENG] Communications under this article may be
received and considered only if submitted by a State Party that has made
a declaration recognizing in regard to itself the competence of the
Committee. | [CHI] 根据本条规定，只有已作出声明承认委员会对它的权限的缔约国所提出的来文，方可予以受理和审议。 [~] |
| [ENG] No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. | [CHI] 委员会不得受理涉及尚未作出这种声明的缔约国的来文。 [~] |
| [ENG] Communications received under this article shall be dealt with in accordance with the following procedure: | [CHI] 根据本条规定所受理的来文应按以下程序处理。 [~] |
| [ENG] (a) If a State Party to the present Convention
considers that another State Party is not fulfilling its obligations
under the present Convention, it may, by written communication, bring
the matter to the attention of that State Party. | [CHI] 如本公约一个缔约国认为另一个缔约国没有履行其在本公约规定下所承担的义务，可用书面函件将此事项提请该缔约国注意。 [~] |
| [ENG] The State Party may also inform the Committee of the matter. | [CHI] 缔约国也可将此事项通知委员会。 [~] |
| [ENG] Within three months after the receipt of the
communication the receiving State shall afford the State that sent the
communication an explanation, or any other statement in writing
clarifying the matter which should include, to the extent possible and
pertinent, reference to domestic procedures and remedies taken, pending
or available in the matter; | [CHI] 受函国在收到函件三个月内，应给予送函国一个书面解释或任何其他说明以澄清事项，其中在可能和有关情况下，应提及就此事项所已采取的、尚待采取的或者已经有的国内程序和补救措施； [~] |
| [ENG] (b) If the matter is not adjusted to the
satisfaction of both States Parties concerned within six months after
the receipt by the receiving State of the initial communication, either
State shall have the right to refer the matter to the Committee, by
notice given to the Committee and to the other State; | [CHI] 在受函国收到初次函件后六个月内，就此事项如果未能有令双方满意的调整，任何一方应有权向委员会和向对方发出通知，将此事项向委员会提出； [~] |
| [ENG] (c) The Committee shall deal with a matter
referred to it only after it has ascertained that all available domestic
remedies have been invoked and exhausted in the matter, in conformity
with the generally recognized principles of international law. | [CHI] 遵照公认的国际法原则，委员会只有在它已确定就此事项已采取并试尽一切可能的国内补救办法之后，才应处理提交给它的事项。 [~] |
| [ENG] This shall not be the rule where, in the view of the Committee, the application of the remedies is unreasonably prolonged; | [CHI] 但在委员会认为补救办法的施行发生不当稽延的情况下，本规则不适用； [~] |
| [ENG] (d) Subject to the provisions of subparagraph
(c) of the present paragraph, the Committee shall make available its
good offices to the States Parties concerned with a view to a friendly
solution of the matter on the basis of the respect for the obligations
set forth in the present Convention; | [CHI] 在符合本款(c)项规定情况下，委员会应向有关缔约国提供斡旋，以期在尊重本公约所载列的义务的基础上友好地解决问题； [~] |
| [ENG] (e) The Committee shall hold closed meetings when examining communications under the present article; | [CHI] 委员会审查根据本条规定的来文时，应举行非公开会议； [~] |
| [ENG] (f) In any matter referred to it in accordance
with subparagraph (b) of the present paragraph, the Committee may call
upon the States Parties concerned, referred to in subparagraph (b), to
supply any relevant information; | [CHI] 对于按照本款(b)项规定向它提出的任何事项，委员会可要求(b)项所指的有关缔约国提供任何有关资料； [~] |
| [ENG] (g) The States Parties concerned, referred to
in subparagraph (b) of the present paragraph, shall have the right to be
represented when the matter is being considered by the Committee and to
make submissions orally and/or in writing; | [CHI] 本款(b)项所指的有关缔约国应有权在委员会审议该事项时出席会议并作出口头和(或)书面陈述； [~] |
| [ENG] (h) The Committee shall, within twelve months
after the date of receipt of notice under subparagraph (b) of the
present paragraph, submit a report, as follows: | [CHI] 委员会应在收到根据本款(b)项提出的通知后十二个月内提出报告： [~] |
| [ENG] (i) If a solution within the terms of
subparagraph (d) of the present paragraph is reached, the Committee
shall confine its report to a brief statement of the facts and of the
solution reached; | [CHI] 如在本款(d)项的范围内达成解决办法，委员会的报告应限于简述事实经过和达成的解决办法； [~] |
| [ENG] (ii) If a solution within the terms of
subparagraph (d) is not reached, the Committee shall, in its report, set
forth the relevant facts concerning the issue between the States
Parties concerned. | [CHI] 如未在本款(d)项的范围内达成解决办法，委员会的报告应载列关于有关缔约国之间问题的相关事实。 [~] |
| [ENG] The written submissions and record of the oral
submissions made by the States Parties concerned shall be attached to
the report. | [CHI] 报告应附有有关缔约国的书面函件和口头陈述的记录。 [~] |
| [ENG] The Committee may also communicate only to the
States Parties concerned any views that it may consider relevant to the
issue between them. | [CHI] 委员会还可仅向有关缔约国传达它或许认为与它们之间问题有关的任何意见。 [~] |
| [ENG] In every matter, the report shall be communicated to the States Parties concerned. | [CHI] 任何情形下，报告都应送交有关缔约国。 [~] |
| [ENG] 2. The provisions of the present article shall
come into force when ten States Parties to the present Convention have
made a declaration under paragraph I of the present article. | [CHI] 2. 本条规定应在本公约十个缔约国根据本条第1款作出声明时即行生效。 [~] |
| [ENG] Such declarations shall be deposited by the
States Parties with the Secretary-General of the United Nations, who
shall transmit copies thereof to the other States Parties. | [CHI] 缔约国应将这种声明交存联合国秘书长，秘书长应将副本分送其他缔约国。 [~] |
| [ENG] A declaration may be withdrawn at any time by notification to the Secretary-General. | [CHI] 可随时通知秘书长撤销声明。 [~] |
| [ENG] Such a withdrawal shall not prejudice the
consideration of any matter that is the subject of a communication
already transmitted under the present article; no further communication
by any State Party shall be received under the present article after the
notification of withdrawal of the declaration has been received by the
Secretary-General, unless the State Party concerned has made a new
declaration. | [CHI] 这种撤销不应影响对根据本条已分送来文所载任何事项的审议；在秘书长收到撤销声明的通知后，根据本条不得受理任何缔约国的其他来文，除非有关缔约国已作出新的声明。 [~] |
| [ENG] Article 77 | [CHI] 第 77 条 [~] |
| [ENG] 1. A State Party to the present Convention may
at any time declare under the present article that it recognizes the
competence of the Committee to receive and consider communications from
or on behalf of individuals subject to its jurisdiction who claim that
their individual rights as established by the present Convention have
been violated by that State Party. | [CHI] 1. 本公约缔约国可在任何时候根据本条规定宣布它承认委员会受理和审议以下来文的权限：在该缔约国管辖下声称本公约所规定的他们的个人权利受到该缔约国侵犯的个人或其代表送交的来文。 [~] |
| [ENG] No communication shall be received by the Committee if it concerns a State Party that has not made such a declaration. | [CHI] 委员会不得受理涉及尚未作出这种声明的缔约国的来文。 [~] |
| [ENG] 2. The Committee shall consider inadmissible
any communication under the present article which is anonymous or which
it considers to be an abuse of the right of submission of such
communications or to be incompatible with the provisions of the present
Convention. | [CHI] 2. 根据本条规定，任何来文如采用匿名方式或经委员会认为滥用提出此类来文的权利或与本公约规定不符，委员会应视为不能受理。 [~] |
| [ENG] 3. The Committee shall not consider any
communication from an individual under the present article unless it has
ascertained that: | [CHI] 3. 委员会除非已查明下述情况，不应审议个人根据本条规定的任何来文： [~] |
| [ENG] (a) The same matter has not been, and is not
being, examined under another procedure of international investigation
or settlement; | [CHI] 同一事项过去和现在均未受到另一国际调查程序或解决办法的审查；而且 [~] |
| [ENG] (b) The individual has exhausted all available
domestic remedies; this shall not be the rule where, in the view of the
Committee, the application of the remedies is unreasonably prolonged or
is unlikely to bring effective relief to that individual. | [CHI] 个人已用尽一切国内补救办法：但在委员会认为补救办法的施行发生不当稽延或是对该个人不可能有任何实质性上的助益的情况下，本规则不适用。 [~] |
| [ENG] 4. Subject to the provisions of paragraph 2 of
the present article, the Committee shall bring any communications
submitted to it under this article to the attention of the State Party
to the present Convention that has made a declaration under paragraph 1
and is alleged to be violating any provisions of the Convention. | [CHI] 4. 在符合本条第2款规定情况下，委员会对于根据本条规定提交委员会的任何来文，应提请根据第1款已作出声明且被指称违反本公约任何规定的缔约国予以注意。 [~] |
| [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] 受函国应在六个月内向委员会提出书面解释或说明以澄清事项，如该国已采取任何补救办法，也应加以说明。 [~] |
| [ENG] 5. The Committee shall consider communications
received under the present article in the light of all information made
available to it by or on behalf of the individual and by the State Party
concerned. | [CHI] 5. 委员会应参照个人或其代表以及有关缔约国所提供的一切资料，审议根据本条所受理的来文。 [~] |
| [ENG] 6. The Committee shall hold closed meetings when examining communications under the present article. | [CHI] 6. 委员会审查根据本条规定的来文时，应举行非公开会议。 [~] |
| [ENG] 7. The Committee shall forward its views to the State Party concerned and to the individual. | [CHI] 7. 委员会应将其意见告知有关缔约国和个人。 [~] |
| [ENG] 8. The provisions of the present article shall
come into force when ten States Parties to the present Convention have
made declarations under paragraph 1 of the present article. | [CHI] 8. 本条规定应在本公约十个缔约国根据本条第1款作出声明时即行生效。 [~] |
| [ENG] Such declarations shall be deposited by the
States Parties with the Secretary-General of the United Nations, who
shall transmit copies thereof to the other States Parties. | [CHI] 缔约国应将这种声明交存联合国秘书长，秘书长应将副本分送其他缔约国。 [~] |
| [ENG] A declaration may be withdrawn at any time by notification to the Secretary-General. | [CHI] 可随时通知秘书长撤销声明。 [~] |
| [ENG] Such a withdrawal shall not prejudice the
consideration of any matter that is the subject of a communication
already transmitted under the present article; no further communication
by or on behalf of an individual shall be received under the present
article after the notification of withdrawal of the declaration has been
received by the Secretary-General, unless the State Party has made a
new declaration. | [CHI] 这种撤销不应影响对根据本条已分送来文所载任何事项的审议；在秘书长收到撤销声明的通知后，根据本条不得受理个人或其代表的其他来文，除非有关缔约国已作出新的声明。 [~] |
| [ENG] Article 78 | [CHI] 第 78 条 [~] |
| [ENG] The provisions of article 76 of the present
Convention shall be applied without prejudice to any procedures for
settling disputes or complaints in the field covered by the present
Convention laid down in the constituent instruments of, or in
conventions adopted by, the United Nations and the specialized agencies
and shall not prevent the States Parties from having recourse to any
procedures for settling a dispute in accordance with international
agreements in force between them. | [CHI] 本公约第76条规定的适用，不得妨碍联合国及其各专门机构的组织法文书或通过的各项公约所规定的关于解决本公约所适用领域的争端或控诉的任何程序，也不得阻碍缔约国按照相互之间现行的国际协定诉诸任何解决争端的程序。 [~] |
| [ENG] PART VIII | [CHI] 第 八 部 分 [~] |
| [ENG] GENERAL PROVISIONS | [CHI] 一 般 规 定 [~] |
| [ENG] Article 79 | [CHI] 第 79 条 [~] |
| [ENG] Nothing in the present Convention shall affect
the right of each State Party to establish the criteria governing
admission of migrant workers and members of their families. | [CHI] 本公约的任何规定不得影响每一缔约国制定批准移徙工人及其家庭成员入境的准则的权利。 [~] |
| [ENG] Concerning other matters related to their legal
situation and treatment as migrant workers and members of their
families, States Parties shall be subject to the limitations set forth
in the present Convention. | [CHI] 关于有关移徙工人及其家庭成员的合法情况和待遇的其他事项，缔约国应受本公约规定的限制的约束。 [~] |
| [ENG] Article 80 | [CHI] 第 80 条 [~] |
| [ENG] Nothing in the present Convention shall be
interpreted as impairing the provisions of the Charter of the United
Nations and of the constitutions of the specialized agencies which
define the respective responsibilities of the various organs of the
United Nations and of the specialized agencies in regard to the matters
dealt with in the present Convention. | [CHI] 本公约任何规定不得解释为减损《联合国宪章》和各专门机构组织法中关于联合国各机构和各专门机构在本公约所涉事项方面个别职责的各项规定。 [~] |
| [ENG] Article 81 | [CHI] 第 81 条 [~] |
| [ENG] 1. Nothing in the present Convention shall
affect more favourable rights or freedoms granted to migrant workers and
members of their families by virtue of: | [CHI] 1. 本公约任何规定不得影响由于以下的规定给予移徙工人及其家庭成员较为有利的权利或自由： [~] |
| [ENG] (a) The law or practice of a State Party; or | [CHI] 缔约国的法律或惯例；或 [~] |
| [ENG] (b) Any bilateral or multilateral treaty in force for the State Party concerned. | [CHI] 对有关缔约国生效的任何双边或多边条约。 [~] |
| [ENG] 2. Nothing in the present Convention may be
interpreted as implying for any State, group or person any right to
engage in any activity or perform any act that would impair any of the
rights and freedoms as set forth in the present Convention. | [CHI] 2. 本公约任何规定不得解释为任何国家、团体或个人有权从事任何活动或行动以损害本公约所载列的任何权利和自由。 [~] |
| [ENG] Article 82 | [CHI] 第 82 条 [~] |
| [ENG] The rights of migrant workers and members of their families provided for in the present Convention may not be renounced. | [CHI] 本公约所规定的移徙工人及其家庭成员的权利不得放弃。 [~] |
| [ENG] It shall not be permissible to exert any form
of pressure upon migrant workers and members of their families with a
view to their relinquishing or foregoing any of the said rights. | [CHI] 不容许对移徙工人及其家庭成员施加任何形式压力以图他们放弃或摒绝上述任何权利。 [~] |
| [ENG] It shall not be possible to derogate by contract from rights recognized in the present Convention. | [CHI] 不得以合同方式克减本公约所承认的权利。 [~] |
| [ENG] States Parties shall take appropriate measures to ensure that these principles are respected. | [CHI] 缔约国应采取适当措施确保这些原则获得尊重。 [~] |
| [ENG] Article 83 | [CHI] 第 83 条 [~] |
| [ENG] Each State Party to the present Convention undertakes: | [CHI] 本公约每一缔约国承允： [~] |
| [ENG] (a) To ensure that any person whose rights or
freedoms as herein recognized are violated shall have an effective
remedy, notwithstanding that the violation has been committed by persons
acting in an official capacity; | [CHI] 确保任何被侵犯本公约所承认的权利或自由的人应得到有效的补救，尽管此种侵犯是执行公职之人所为； [~] |
| [ENG] (b) To ensure that any persons seeking such a
remedy shall have his or her claim reviewed and decided by competent
judicial, administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the State, and
to develop the possibilities of judicial remedy; | [CHI] 确保任何寻求此种补救的人应由主管司法、行政或立法当局或由国家法律制度规定的任何其他主管当局审查和裁决其要求，并研拟司法补救的可能性； [~] |
| [ENG] (c) To ensure that the competent authorities shall enforce such remedies when granted. | [CHI] 确保主管当局在准予此等补救时应予施行。 [~] |
| [ENG] Article 84 | [CHI] 第 84 条 [~] |
| [ENG] Each State Party undertakes to adopt the
legislative and other measures that are necessary to implement the
provisions of the present Convention. | [CHI] 每一缔约国承允采取立法及其他必要措施以执行本公约各项规定。 [~] |
| [ENG] PART IX | [CHI] 第 九 部 分 [~] |
| [ENG] FINAL PROVISIONS | [CHI] 最 后 条 款 [~] |
| [ENG] Article 85 | [CHI] 第 85 条 [~] |
| [ENG] The Secretary-General of the United Nations is designated as the depositary of the present Convention. | [CHI] 指定联合国秘书长为本公约保管人。 [~] |
| [ENG] Article 86 | [CHI] 第 86 条 [~] |
| [ENG] 1. The present Convention shall be open for signature by all States. | [CHI] 1. 本公约开放给所有国家签署。 [~] |
| [ENG] It is subject to ratification. | [CHI] 本公约须经批准。 [~] |
| [ENG] 2. The present Convention shall be open to accession by any State. | [CHI] 2. 本公约开放给任何国家加入。 [~] |
| [ENG] 3. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. | [CHI] 3. 批准书或加入书应交由联合国秘书长保存。 [~] |
| [ENG] Article 87 | [CHI] 第 87 条 [~] |
| [ENG] 1. The present Convention shall enter into
force on the first day of the month following a period of three months
after the date of the deposit 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之日起三个月后的月份首日发生效力。 [~] |
| [ENG] 2. For each State ratifying or acceding to the
present Convention after its entry into force, the Convention shall
enter into force on the first day of the month following a period of
three months after the date of the deposit of its own instrument of
ratification or accession. | [CHI] 2. 对于在本公约生效后批准或加入的每一国家，本公约对该国自交存批准书或加入书之日起三个月后的月份首日发生效力。 [~] |
| [ENG] Article 88 | [CHI] 第 88 条 [~] |
| [ENG] A State ratifying or acceding to the present
Convention may not exclude the application of any Part of it, or,
without prejudice to article 3, exclude any particular category of
migrant workers from its application. | [CHI] 批准或加入本公约的国家不得拒绝适用本公约的任何一个部分，或在不损及第3条的情况下，在适用本公约时排斥任何一类移徙工人。 [~] |
| [ENG] Article 89 | [CHI] 第 89 条 [~] |
| [ENG] 1. Any State Party may denounce the present
Convention, not earlier than five years after the Convention has entered
into force for the State concerned, by means of a notification writing
addressed to the Secretary-General of the United Nations. | [CHI] 1. 任何缔约国可在本公约对该有关国家生效五年以后，向联合国秘书长提出一项书面通知，退出本公约。 [~] |
| [ENG] 2. Such denunciation shall become effective on
the first day of the month following the expiration of a period of
twelve months after the date of the receipt of the notification by the
Secretary-General of the United Nations. | [CHI] 2. 退约应于联合国秘书长收到通知之日起十二个月后的月份首日发生效力。 [~] |
| [ENG] 3. Such a denunciation shall not have the
effect of releasing the State Party from its obligations under the
present Convention in regard to any act or omission whi ch occurs prior
to the date at which the denunciation becomes effective, nor shall
denunciation prejudice in any way the continued consideration of any
matter which is already under consideration by the Committee prior to
the date at which the denunciation becomes effective. | [CHI] 3. 退约不得有以下这种作用：免除在退约生效之前按照本公约对任何行为或不行为应负的义务；退约也决不得影响委员会继续审议退约生效之前已经开始审议的任何问题。 [~] |
| [ENG] 4. Following the date at which the denunciation
of a State Party becomes effective, the Committee shall not commence
consideration of any new matter regarding that State. | [CHI] 4. 自缔约国退约生效之日起，委员会不应开始审议关于该国的任何新问题。 [~] |
| [ENG] Article 90 | [CHI] 第 90 条 [~] |
| [ENG] 1. After five years from the entry into force
of the Convention a request for the revision of the Convention may be
made at any time by any State Party by means of a notification in
writing addressed to the Secretary-General of the United Nations. | [CHI] 1. 在本公约生效五年后，任何缔约国可随时以书面通知联合国秘书长要求修订公约。 [~] |
| [ENG] The Secretary-General shall thereupon
communicate any proposed amendments to the States Parties with a request
that they notify him whether the favour a conference of States Parties
for the purpose of considering and voting upon the proposals. | [CHI] 秘书长即可向缔约国传达任何修订提议，并要求缔约国就是否赞同召开缔约国会议审议并表决提议事宜通知秘书长。 [~] |
| [ENG] In the event that within four months from the
date of such communication at least one third of the States Parties
favours such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. | [CHI] 在通知发出四个月内如有至少三分之一的缔约国同意召开会议，秘书长应召开由联合国主持的此种会议。 [~] |
| [ENG] Any amendment adopted by a majority of the
States Parties present and voting shall be submitted to the General
Assembly for approval. | [CHI] 任何修订经出席并参加表决的大多数缔约国通过，应提交大会批准。 [~] |
| [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 in accordance
with their respective constitutional processes. | [CHI] 2. 此等修订由联合国大会批准并为缔约国三分之二多数按照各自的宪法程序加以接受后，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 Convention
and any earlier amendment that they have accepted. | [CHI] 3. 此等修订生效时，对已予接受的缔约国有约束力，其他缔约国仍受本公约的规定和它们已接受的任何先前修订的约束。 [~] |
| [ENG] Article 91 | [CHI] 第 91 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 signature, ratification or accession. | [CHI] 1. 联合国秘书长应接受缔约国在签署、批准或加入时提出的保留，并将保留案文分发所有国家。 [~] |
| [ENG] 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. | [CHI] 2. 不得提出与本公约目的和宗旨抵触的保留。 [~] |
| [ENG] 3. Reservations may be withdrawn at any time by
notification to this effect addressed to the Secretary-General of the
United Nations, who shall then inform all States thereof. | [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，并由他将此项通知告知所有国家。 [~] |
| [ENG] Such notification shall take effect on the date on which it is received. | [CHI] 该项通知收到后，当日生效。 [~] |
| [ENG] Article 92 | [CHI] 第 92 条 [~] |
| [ENG] 1. Any dispute between two or more States
Parties concerning the interpretation or application of the present
Convention that is not settled by negotiation shall, at the request of
one of them, be submitted to arbitration. | [CHI] 1. 两个或两个以上的缔约国之间关于本公约的解释或适用方面的任何争端，如不能谈判解决，经一方要求，应交付仲裁。 [~] |
| [ENG] If within six months from the date of the
request for arbitration the Parties are unable to agree on the
organization of the arbitration, any one of those Parties may refer the
dispute to the International Court of Justice by request in conformity
with the Statute of the Court. | [CHI] 如果自要求仲裁之日起六个月内，当事各方不能就仲裁的组成达成协议，任何一方得遵照《国际法院规约》提出请求，将争端提交国际法院审理。 [~] |
| [ENG] 2. Each State Party may at the time of
signature or ratification of the present Convention or accession thereto
declare that it does not consider itself bound by paragraph 1 of the
present article. | [CHI] 2. 每一缔约国得在签署或批准本公约或加入本公约时，声明该国不受本条第1款的约束。 [~] |
| [ENG] The other States Parties shall not be bound by
that paragraph with respect to any State Party that has made such a
declaration. | [CHI] 其他缔约国对于作出这项声明的任何缔约国，也不受该款的约束。 [~] |
| [ENG] 3. Any State Party that has made a declaration
in accordance with paragraph 2 of the present article may at any time
withdraw that declaration by notification to the Secretary-General of
the United Nations. | [CHI] 3. 按照本条第2款的规定作出声明的任何缔约国，可随时通知联合国秘书长撤回该项声明 [~] |
| [ENG] Article 93 | [CHI] 第 93 条 [~] |
| [ENG] 1. 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] 1. 本公约的阿拉伯文、中文、英文、法文、俄文、西班牙文文本具有同等效力，均交存联合国秘书长。 [~] |
| [ENG] 2. The Secretary-General of the United Nations shall transmit certified copies of the present Convention to all States. | [CHI] 2. 联合国秘书长向所有国家递送本公约证明无误之副本。 [~] |
| [ENG] IN WITNESS WHEREOF the undersigned
plenipotentiaries, being duly authorized thereto by their respective
Governments, have signed the present Convention. | [CHI] 为此，下列全权代表经由各自政府正式授权，在本公约上签字，以昭信守。 [~] |
| |
