A_RES_217(III)_E.docx A_RES_217(III)_C.docx
A/RES/217(III) A 联大决议A/RES/217(III) 甲
217 (III) International Bill of Human Rights 二一七(三) 国际人权法案
A
UNIVERSAL DECLARATION OF HUMAN RIGHTS 世界人权宣言
PREAMBLE 弁言
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, 兹鉴于人类一家,对于人人固有尊严及其平等不移权利之承认确系世界自由、正义与和平之基础;
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, 复鉴于人权之忽视及侮蔑恒酿成野蛮暴行,致使人心震愤,而自由言论、自由信仰、得免忧惧、得免贫困之世界业经宣示为一般人民之最高企望;
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, 复鉴于为使人类不致迫不得已挺而走险以抗专横与压迫,人权须受法律规定之保障;
Whereas it is essential to promote the development of friendly relations between nations, 复鉴于国际友好关系之促进,实属切要;
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, 复鉴于联合国人民已在宪章中重申对于基本人权、人格尊严与价値、以及男女平等权利之信念,并决心促成大自由中之社会进步及较善之民生;
Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, 复鉴于各会员国业经誓愿与联合国同心协力促进人权及基本自由之普遍尊重与遵行;
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, 复鉴于此种权利自由之公共认识对于是项誓愿之澈底实现至关重大;
Now, therefore, The General Assembly, 大会爰于此
Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. 颁布世界人权宣言,作为所有人民所有国家共同努力之标的,务望个人及社会团体永以本宣言铭诸座右,力求藉训导与教育激励人权与自由之尊重,并藉国家与国际之渐进措施获得其普遍有效之承认与遵行; 会员国本身人民及所辖领土人民均各永享咸遵。
Article 1 第一条
All human beings are born free and equal in dignity and rights. 人皆生而自由; 在尊严及权利上均各平等。
They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. 人各赋有理性良知,诚应和睦相处,情同手足。
Article 2 第二条
1. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 人人皆得享受本宣言所载之一切权利与自由,不分种族、肤色、性别、语言、宗教、政见或他种主张、国籍或门第、财产、出生或他种身分。
2. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. 且不得因一人所隶国家或地区之政治、行政或国际地位之不同而有所区别,无论该地区系独立、托管、非自治或受其他主权上之限制。
Article 3 第三条
Everyone has the right to life, liberty and security of person. 人人有权享有生命、自由与人身安全。
Article 4 第四条
No one shall be held in slavery or servitude; 任何人不容使为奴役;
slavery and the slave trade shall be prohibited in all their forms. 奴隶制度及奴隶贩卖,不论出于何种方式,悉应予以禁止。
Article 5 第五条
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 任何人不能加以酷刑,或施以残忍不人道或侮慢之待遇或处罚。
Article 6 第六条
Everyone has the right to recognition everywhere as a person before the law. 人人于任何所在有被承认为法律上主体之权利。
Article 7 第七条
All are equal before the law and are entitled without any discrimination to equal protection of the law. 人人在法律上悉属平等,且应一体享受法律之平等保护。
All are entitled to equal protection against any discrimination in violation of this Declaration and against any incite-ment to such discrimination. 人人有权享受平等保护,以防止违反本宣言之任何歧视及煽动此种歧视之任何行为。
Article 8 第八条
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. 人人于其宪法或法律所赋予之基本权利被侵害时,有权享受国家管辖法庭之有效救济。
Article 9 第九条
No one shall be subjected to arbitrary arrest, detention or exile. 任何人不容加以无理逮捕、拘禁或放逐。
Article 10 第十条
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the de-termination of his rights and obligations and of any criminal charge against him. 人人于其权利与义务受判定时及被刑事控告时,有权享受独立无私法庭之绝对平等不偏且公开之听审。
Article 11 第十一条
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 一. 凡受刑事控告者,在未经依法公开审判证实有罪前,应视为无罪,审判时并须予以答辩上所需之一切保障。
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. 二. 任何人在刑事上之行为或不行为,于其发生时依国家或国际法律均不构成罪行者,应不为罪。
Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. 刑罚不得重于犯罪时法律之规定。
Article 12 第十二条
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. 任何个人之私生活、家庭、住所或通讯不容无理侵犯,其荣誉及信用亦不容侵害。
Everyone has the right to the protection of the law against such interference or attacks. 人人为防止此种侵犯或侵害有权受法律保护。
Article 13 第十三条
1. Everyone has the right to freedom of movement and residence within the borders of each State. 一. 人人在一国境内有自由迁徙及择居之权。
2. Everyone has the right to leave any country, including his own, and to return to his country. 二. 人人有权离去任何国家,连其本国在内,并有权归返其本国。
Article 14 第十四条
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 一. 人人为避迫害有权在他国寻求并享受庇身之所。
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. 二. 控诉之确源于非政治性之犯罪或源于违反联合国宗旨与原则之行为者,不得享受此种权利。
Article 15 第十五条
1. Everyone has the right to a nationality. 人人有权享有国籍。
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. 任何人之国籍不容无理褫夺,其更改国籍之权利不容否认。
Article 16 第十六条
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. 一. 成年男女,不受种族、国籍或宗教之任何限制,有权婚嫁及成立家庭。
They are entitled to equal rights as to marriage, during marriage and at its dissolution. 男女在婚姻方面,在结合期间及在解除婚约时,俱有平等权利。
2. Marriage shall be entered into only with the free and full consent of the intending spouses. 二. 婚约之缔订仅能以男女双方之自由完全承诺为之。
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 三. 家庭为社会之当然基本团体单位,并应受社会及国家之保护。
Article 17 第十七条
1. Everyone has the right to own property alone as well as in association with others. 一. 人人有权单独占有或与他人合有财产。
2. No one shall be arbitrarily deprived of his property. 二. 任何人之财产不容无理剥夺。
Article 18 第十八条
Everyone has the right to freedom of thought, conscience and religion; 人人有思想、良心与宗教自由之权;
this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. 此项权利包括其改变宗教或信仰之自由,及其单独或集体、公开或私自以教义、躬行、礼拜及戒律表示其宗教或信仰之自由。
Article 19 第十九条
Everyone has the right to freedom of opinion and expression; 人人有主张及发表自由之权;
this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. 此项权利包括保持主张而不受干涉之自由,及经由任何方法不分国界以寻求、接收并传播消息意见之自由。
Article 20 第二十条
1. Everyone has the right to freedom of peaceful assembly and association. 一. 人人有平和集会结社自由之权。
2. No one may be compelled to belong to an association. 二. 任何人不容强使隶属于某一团体。
Article 21 第二十一条
1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 一. 人人有权直接或以自由选举之代表参加其本国政府。
2. Everyone has the right to equal access to public service in his country. 二. 人人有以平等机会参加其本国公务之权。
3. The will of the people shall be the basis of the authority of government; 三. 人民意志应为政府权力之基础;
this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. 人民意志应以定期且真实之选举表现之,其选举权必须普及而平等,并当以不记名投票或相等之自由投票程序为之。
Article 22 第二十二条
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. 人既为社会之一员,自有权享受社会保障,并有权享受个人尊严及人格自由发展所必需之经济、社会及文化各种权利之实现; 此种实现之促成,端赖国家措施与国际合作并当依各国之机构与资源量力为之。
Article 23 第二十三条
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to pro-tection against unemployment. 一. 人人有权工作、自由选择职业、享受公平优裕之工作条件及失业之保障。
2. Everyone, without any discrimination, has the right to equal pay for equal work. 二. 人人不容任何区别,有同工同酬之权利。
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an exist-ence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 三. 人人工作时,有权享受公平优裕之报酬,务使其本人及其家属之生活足以维持人类尊严,必要时且应有他种社会保护办法,以资补益。
4. Everyone has the right to form and to join trade unions for the protection of his interests. 四. 人人为维护其权益,有组织及参加工会之权。
Article 24 第二十四条
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. 人人有休息及闲暇之权,包括工作时间受合理限制及定期有给休假之权。
Article 25 第二十五条
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 一. 人人有权享受其本人及其家属康乐所需之生活程度,举凡衣、食、住、医药及必要之社会服务均包括在内; 且于失业、患病、残废、寡居、衰老或因不可抗力之事故致有他种丧失生活能力之情形时,有权享受保障。
2. Motherhood and childhood are entitled to special care and assistance. 二. 母亲及儿童应受特别照顾及协助。
All children, whether born in or out of wedlock, shall enjoy the same social protection. 所有儿童,无论婚生与非婚生,均应享受同等社会保护。
Article 26 第二十六条
1. Everyone has the right to education. 一. 人人皆有受教育之权。
Education shall be free, at least in the elementary and fundamental stages. 教育应属免费,至少初级及基本教育应然。
Elementary education shall be compulsory. 初级教育应属强迫性质。
Technical and professional education shall be made generally available and higher education shall be equally accessi-ble to all on the basis of merit. 技术与职业教育应广为设立。 高等教育应予人人平等机会,以成绩为准。
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. 二. 教育之目标在于充分发展人格,加强对人权及基本自由之尊重。
It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 教育应谋促进各国、各种族或宗教团体间之谅解、容恕及友好关系,并应促进联合国维系和平之各种工作。
3. Parents have a prior right to choose the kind of education that shall be given to their children. 三. 父母对其子女所应受之教育,有优先抉择之权。
Article 27 第二十七条
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 一. 人人有权自由参加社会之文化生活,欣赏艺术,并共同襄享科学进步及其利益。
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 二. 人人对其本人之任何科学、文学或美术作品所获得之精神与物质利益,有享受保护之权。
Article 28 第二十八条
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. 人人有权享受本宣言所载权利与自由可得全部实现之社会及国际秩序。
Article 29 第二十九条
1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 一. 人人对于社会负有义务:个人人格之自由充分发展厥为社会是赖。
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 二. 人人于行使其权利及自由时仅应受法律所定之限制且此种限制之唯一目的应在确认及尊重他人之权利与自由并谋符合民主社会中道德、公共秩序及一般福利所需之公允条件。
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. 三. 此等权利与自由之行使,无论在任何情形下,均不得违反联合国之宗旨及原则。
Article 30 第三十条
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. 本宣言所载,不得解释为任何国家、团体或个人有权以任何活动或任何行为破坏本宣言内之任何权利与自由。
Hundred and eighty-third plenary meeting. 一九四八年十二月十日
10 December 1948. 第一百八十三次全体会议。