International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families | | 联合国保护所有移徙工人及其家庭成员权利国际公约 |
| Adopted by General Assembly resolution 45/158 of 18 December 1990 | | 联合国大会一九九零年十二月十八日第45／158号决议通过 |
| Preamble | | 序言 |
| The States Parties to the present Convention, | | 本公约缔约国， |
| 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, | | 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、文化权利国际公约》、《公民权利和政治权利国际公约》、《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， |
| 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), | | 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）， |
| Reaffirming the importance of the principles contained in the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization, | | 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， |
| 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, | | 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， |
| 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, | | 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， |
| 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, | | 认识到在联合国各机关内，所进行的有关移徒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， |
| 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, | | 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， |
| 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, | | 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， |
| 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, | | 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， |
| 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, | | 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， |
| Convinced that the rights of migrant workers and members of their families have not been sufficiently recognized everywhere and therefore require appropriate international protection, | | 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， |
| 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, | | 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， |
| 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, | | 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， |
| 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, | | 考虑到没有证件或身分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， |
| 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, | | 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，雇用身分不正常的移徙工人的做法将会受阻，并且给予身分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， |
| 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, | | 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， |
| Have agreed as follows: | | 兹协议如下： |
| PART I: Scope and Definitions | | 第一部分 范围和定义 |
| Article 1 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. | | 第1条 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、族商或社会根源、国籍、年龄、经济地位、财产、婚姻状况、出身或其他身分地位等任何区别。 |
| 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. | | 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。 |
| Article 2 For the purposes of the present Convention: | | 第2条 为本公约的目的： |
| 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. | | 1．"移徙工人"一向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。 |
| 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; | | 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； |
| (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; | | （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； |
| (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; | | （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； |
| (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; | | （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； |
| (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; | | （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； |
| (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; | | （ｆ）"项目工人"一同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； |
| (g) The term "specified-employment worker" refers to a migrant worker: | | （ｇ）"特定聘用工人"一词指以下情况的移徙工人； |
| (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 | | （一）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 |
| (ii)( Who engages for a restricted and defined period of time in work that requires professional, commercial, technical or other highly specialized skill; or | | （二）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 |
| (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; | | （三）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； |
| (h) The term "self-employed worker" refers to a migrant worker who is engaged in a remunerated activity otherwise than under acontract 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. | | （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。 |
| Article 3 The present Convention shall not apply to: | | 第3条 本公约不适用于： |
| (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; | | （ａ）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，他们的入境和身分由一般国际法或特定的国际协定或公约加以规定； |
| (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; | | （ｂ）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，他们的入境和身分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； |
| (c) Persons taking up residence in a State different from their State of origin as investors; | | （ｃ）作为投资者在非原籍国居住的人； |
| (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; | | （ｄ）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； |
| (e) Students and trainees; | | （ｅ）学生和受训人员； |
| (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. | | （ｆ）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。 |
| Article 4 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. | | 第4条 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。 |
| Article 5 For the purposes of the present Convention, migrant workers and members of their families: | | 第5条 为本公约的目的，移徙工人及其家庭成员： |
| (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; | | （ａ）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，则视为有证件或身分正常； |
| (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. | | （ｂ）如不符合本条（ａ）项所规定的条件，则视为没有证件或身分不正常。 |
| Article 6 For the purposes of the present Convention: | | 第6条 为本公约的目的： |
| (a) The term "State of origin" means the State of which the person concerned is a national; | | （ａ）"原籍国"，一词指当事人为其国民的国家； |
| (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; | | （ｂ）"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； |
| (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. | | （ｃ）"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。 |
| PART II: Non-discrimination with Respect to Rights | | 第二部分 权利方面不歧视 |
| Article 7 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. | | 第7条 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、出身或其他身分地位等任何区别。 |
| PART III: Human Rights of All Migrant Workers and Members of their Families | | 第三部分 所有移徙工人及其家庭成员的人权 |
| Article 8 1. Migrant workers and members of their families shall be free to leave any State, including their State of origin. 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. | | 第8条 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。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，此项权利不要任何限制。 |
| 2. Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin. | | 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。 |
| Article 9 The right to life of migrant workers and members of their families shall be protected by law. | | 第9条 移徙工人及其家庭成员的生命权应受法律保护。 |
| Article 10 No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. | | 第10条 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。 |
| Article 11 1. No migrant worker or member of his or her family shall be held in slavery or servitude. | | 第11条 1．移徙工人或其家庭成员不得被使为奴隶或受奴役。 |
| 2. No migrant worker or member of his or her family shall be required to perform forced or compulsory labour. | | 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。 |
| 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. | | 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。 |
| 4. For the purpose of the present article the term "forced or compulsory labour" shall not include: | | 4．为本条的目的，"强迫或强制劳动"一词不应包括： |
| (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; | | （ａ）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； |
| (b) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; | | （ｂ）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； |
| (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. | | （ｃ）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。 |
| Article 12 1. Migrant workers and members of their families shall have the right to freedom of thought, conscience and religion. 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. | | 第12条 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。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。 |
| 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. | | 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。 |
| 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. | | 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。 |
| 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. | | 4．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。 |
| Article 13 1. Migrant workers and members of their families shall have the right to hold opinions without interference. | | 第13条 1．移徙工人及其家庭成员应有权持有主张，不受干涉。 |
| 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. | | 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。 |
| 3. The exercise of the right provided for in paragraph 2 of the present article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: | | 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。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： |
| (a) For respect of the rights or reputation of others; | | （ａ）尊重他人的权利或名誉； |
| (b) For the protection of the national security of the States concerned or of public order (ordre public) or of public health or morals; | | （ｂ）保护有关国家的国家安全或公共秩序、或公共卫生或道德； |
| (c) For the purpose of preventing any propaganda for war; | | （ｃ）防止任何战争宣传； |
| (d) For the purpose of preventing any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. | | （ｄ）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。 |
| Article 14 No migrant worker or member of his or her family shall be subjected to arbitrary or unlawful interference with his or her privacy, family, , correspondence or other communications, or to unlawful attacks on his or her honour and reputation. 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. | | 第14条 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。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。 |
| Article 15 No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether owned individually or in association with others. 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. | | 第15条 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。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。 |
| Article 16 1. Migrant workers and members of their families shall have the right to liberty and security of person. | | 第16条 1．移徙工人及其家庭成员应有权享有人身自由和安全。 |
| 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. | | 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。 |
| 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. | | 3．执法人员对移徙工人或其家庭成员身分的任何核查，均应按照法律规定的程序进行。 |
| 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 of their liberty except on such grounds and in accordance with such procedures as are established by law. | | 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。 |
| 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. | | 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。 |
| 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. 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. | | 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。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。 |
| 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: | | 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： |
| (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; | | （ａ）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； |
| (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; | | （ｂ）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； |
| (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. | | （ｃ）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。 |
| 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. 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. | | 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。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。 |
| 9. Migrant workers and members of their families who have been victims of unlawful arrest or detention shall have an enforceable right to compensation. | | 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。 |
| Article 17 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. | | 第17条 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。 |
| 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. Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. | | 2．被控告的移徒工人及其家庭成员，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分的分别待遇，被控告的未成年人应与成年人隔开，并应尽快予以审判。 |
| 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. | | 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。 |
| 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. Juvenile offenders shall be separated from adults and be accorded treatment appropriate to their age and legal status. | | 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。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。 |
| 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. | | 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。 |
| 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. | | 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。 |
| 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. | | 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。 |
| 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. | | 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。 |
| Article 18 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. 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. | | 第18条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。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。 |
| 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. | | 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。 |
| 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: | | 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： |
| (a) To be informed promptly and in detail in a language they understand of the nature and cause of the charge against them; | | （ａ）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； |
| (b) To have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing; | | （ｂ）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； |
| (c) To be tried without undue delay; | | （ｃ）立即受审，不得无故拖延； |
| (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; | | （ｄ）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； |
| (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; | | （ｅ）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接受问话； |
| (f) To have the free assistance of an interpreter if they cannot understand or speak the language used in court; | | （ｆ）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； |
| (g) Not to be compelled to testify against themselves or to confess guilt. | | （ｇ）不被强迫作不利自己的证言或强迫承认犯罪。 |
| 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. | | 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。 |
| 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. | | 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。 |
| 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. | | 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。 |
| 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. | | 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。 |
| Article 19 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. 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. | | 第19条 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。如果在犯罪之后，法律规定应处以较轻的刑罚，则其应受益。 |
| 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. | | 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。 |
| Article 20 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. | | 第2条 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。 |
| 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. | | 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。 |
| Article 21 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. No authorized confiscation of such documents shall take place without delivery of a detailed receipt. 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. | | 第21条 除依法经正当授权的公务人员外，任何人没收、销毁或企图销毁身分证件、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。经授权对这类证件进行没收，必须提出详细收据。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。 |
| Article 22 1. Migrant workers and members of their families shall not be subject to measures of collective expulsion. Each case of expulsion shall be examined and decided individually. | | 第22条 1．不得对移徙工人及其家庭成员采取集体驱逐的措施。对每一宗驱逐案件都应逐案审查和决定。 |
| 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. | | 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。 |
| 3. The decision shall be communicated to them in a language they understand. 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. The persons concerned shall be informed of these rights before or at the latest at the time the decision is rendered. | | 3．应以他们所了解的语言将判决传达给他们。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。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。 |
| 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. Pending such review, the person concerned shall have the right to seek a stay of the decision of expulsion. | | 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覆审，除因国家安全的重大理由另有规定外在进行这类覆审之前，当事人应有权要求暂援执行驱逐的判决。 |
| 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. | | 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。 |
| 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. | | 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。 |
| 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. | | 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。 |
| 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. The person concerned may be required to pay his or her own travel costs. | | 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。但得要求当事人支付自己的旅费。 |
| 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. | | 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。 |
Article 23 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. 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.
．．．．．． | | 第23条 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。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。
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