消除就业和职业歧视公约 (中英文)

1、Discrimination (Employment and Occupation) Convention, 1958Convention concerning Discrimination in Respect of Employment and Occupation (Note: Date of coming into force: 15:06:1960.)Convention:C111Place:GenevaSession of the Conference:42Date of adoption:25:06:1958Subject classification: Non-discrimi

2、nation (Employment and Occupation)Subject classification: WomenSubject: Equality of Opportunity and TreatmentStatus: Up-to-date instrument This instrument is one of the fundamental conventions.The General Conference of the International Labour Organisation,Having been convened at Geneva by the Gover

3、ning Body of the International Labour Office, and having met in its Forty-second Session on 4 June 1958, andHaving decided upon the adoption of certain proposals with regard to discrimination in the field of employment and occupation, which is the fourth item on the agenda of the session, andHaving

4、determined that these proposals shall take the form of an international Convention, andConsidering that the Declaration of Philadelphia affirms that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in condit

5、ions of freedom and dignity, of economic security and equal opportunity, andConsidering further that discrimination constitutes a violation of rights enunciated by the Universal Declaration of Human Rights,adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-eight the

6、 following Convention, which may be cited as the Discrimination (Employment and Occupation) Convention, 1958:Article 11. For the purpose of this Convention the term discrimination includes-(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinio

7、n, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;(b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employ

8、ment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies.2. Any distinction, exclusion or preference in respect of a particular job based on the inherent r

9、equirements thereof shall not be deemed to be discrimination.3. For the purpose of this Convention the terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.Article 2Each Member for which this

10、 Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

11、Article 3Each Member for which this Convention is in force undertakes, by methods appropriate to national conditions and practice-(a) to seek the co-operation of employers' and workers' organisations and other appropriate bodies in promoting the acceptance and observance of this policy;(b) t

12、o enact such legislation and to promote such educational programmes as may be calculated to secure the acceptance and observance of the policy;(c) to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the policy;(d) to pursue the polic

13、y in respect of employment under the direct control of a national authority;(e) to ensure observance of the policy in the activities of vocational guidance, vocational training and placement services under the direction of a national authority;(f) to indicate in its annual reports on the application

14、 of the Convention the action taken in pursuance of the policy and the results secured by such action.Article 4Any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided t

15、hat the individual concerned shall have the right to appeal to a competent body established in accordance with national practice.Article 51. Special measures of protection or assistance provided for in other Conventions or Recommendations adopted by the International Labour Conference shall not be d

16、eemed to be discrimination.2. Any Member may, after consultation with representative employers' and workers' organisations, where such exist, determine that other special measures designed to meet the particular requirements of persons who, for reasons such as sex, age, disablement, family r

17、esponsibilities or social or cultural status, are generally recognised to require special protection or assistance, shall not be deemed to be discrimination.Article 6Each Member which ratifies this Convention undertakes to apply it to non-metropolitan territories in accordance with the provisions of

18、 the Constitution of the International Labour Organisation.Article 7The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.Article 81. This Convention shall be binding only upon those Members of the International

19、Labour Organisation whose ratifications have been registered with the Director-General.2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.3. Thereafter, this Convention shall come into force for any Member

20、 twelve months after the date on which its ratification has been registered.Article 91. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the In

21、ternational Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the prece

22、ding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.Article 101. The Director-General of

23、 the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.2. When notifying the Members of the Organisation of the registration of the second rat

24、ification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.Article 11The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nation

25、s for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.Article 12At such times as it may consider necessary the Governing Body

26、of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.Article 131. Should the Conference adopt a new Conventi

27、on revising this Convention in whole or in part, then, unless the new Convention otherwise provides:a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the

28、 new revising Convention shall have come into force;b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.2. This Convention shall in any case remain in force in its actual form and content for those Members which

29、 have ratified it but have not ratified the revising Convention.Article 14The English and French versions of the text of this Convention are equally authoritative.1958年消除就业和职业歧视公约 国际劳工组织大会，        经国际劳工组织理事会召集，于1958年6月4日在日内瓦举行其第42届会议，   

30、60;    经决定采纳会议议程第四项关于就业和职业领域的歧视的某些提议，并经确定这些提议应采取国际公约的形式，并        考虑到费城宣言肯定全人类不分种族、信仰或性别都有权在自由和尊严、经济保障和机会均等的条件下谋求其物质福利和精神发展，并        进一步考虑到歧视构成对世界人权宣言所阐明的各项权利的侵犯，      

31、60; 于1958年6月25日通过以下公约，引用时得称之为1958年消除就业和职业歧视公约。        第一条        一、就本公约而言，“歧视”一词包括：        （一）基于种族、肤色、性别、宗教、政治见解、民族血统或社会出身等原因，具有取消或损害就业或职业机会均等或待遇平等作用的任何区别、排斥或优惠；  &#

32、160;     （二）有关会员国经与有代表性的雇主组织和工人组织（如存在此种组织）以及其他适当机构协商后可能确定的、具有取消或损害就业或职业机会均等或待遇平等作用的其他此种区别、排斥或优惠。        二、对一项特定职业基于其内在需要的任何区别、排斥或优惠不应视为歧视。        三、就本公约而言，“就业”和“职业”二词所指包括获得职业培训、获得就业和特定职业，以及就业条款和条

33、件。        第二条        凡本公约生效的会员国，承诺宣布和遵循一项旨在以符合国家条件和惯例的方法促进就业和职业机会均等和待遇平等的国家政策，以消除这方面的任何歧视。        第三条        凡本公约生效的会员国，承诺以符合国家条件和实践的方法：

34、0;       （一）寻求雇主组织和工人组织及其他适当机构在促进接受和遵守该项政策方面的合作；        （二）制定可赖以使人接受和遵守该项政策的法规，推进可赖以使人接受和遵守该项政策的教育计划；        （三）废除任何不符合该项政策的法令规定，修改任何不符合该项政策的行政指示或做法；      

35、  （四）在一个国家当局的直接控制下在就业方面执行该项政策；        （五）在一个国家当局的指导下在职业指导、职业培训和安置服务活动方面保证遵守该项政策；        （六）在公约实施情况年度报告中说明为执行该项政策采取的行动以及这种行动所获得的结果。        第四条     

36、;   针对有正当理由被怀疑为或证实参与了有损国家安全活动的个人所采取的任何措施，不应视为歧视，只是有关个人应有权向按照国家实践建立的主管机构提出申诉。        第五条        一、国际劳工大会通过的其他公约和建议书规定的保护或援助的特殊措施不应视为歧视。        二、凡会员国经与有代表性的雇主组织和工人组织（

37、如存在此种组织）协商，得确定为适合某些人员特殊需要而制定的其他专门措施应不被视为歧视，这些人员由于诸如性别、年龄、残疾、家庭负担，或社会或文化地位等原因而一般被认为需要特殊保护或援助。        第六条        凡批准本公约的会员国承诺按照国际劳工组织章程的规定将其实施于非本土领地。        第七条   

38、0;    本公约的正式批准书须送请国际劳工组织总干事登记。        第八条        一、本公约对其批准书经国际劳工组织总干事登记的国际劳工组织会员国有约束力。        二、本公约自两个会员国的批准书经总干事登记之日起12个月后生效。        三、此后，对于任何会员国，本公约应自其批准书经登记之日起12个月后生效。        第九条        一、凡批准本公约的会员国，自本公约初次生效之日起满10年后得向国际