委员会理解的另外一点是,此项条文绝非是评论或试图影响不同国家和文化中适用于普通人的一般规则。
It was also understood that the subparagraph should in no way pronounce on or attempt to influence the general rules that apply to the general population in different countries and cultures.
100. 为了反映委员会理解的这一点,一些代表团赞同添加“根据国内法”或“根据每个国家的法律、习俗和传统”等词语。
To reflect the latter idea, some delegations supported the addition of the words “in accordance with national law”, or the words “in accordance with the laws, customs and traditions in each country”.
讨论中指出,添加这些词语可能使此项条文受制于那些有悖草案第14条之二所规定的基本义务的法律或传统,这一基本义务就是同样对待残疾人和社会中其他人。
It was noted that these additions could make the subparagraph subject to laws or traditions that contradict the fundamental obligation set forth in draft article 14 bis, which was to treat people with disabilities no differently from other persons in society.
101. 一些代表团赞同删除此项,理由是如果此条的案文过于具体,可能干扰现有权利或强行规定给予尚未商定的权利。
Some delegations supported the deletion of the subparagraph, on the grounds that too many details in the article could interfere with existing rights or impose the accordance of rights upon which there had been no agreement.
但另一些代表团认为有必要保留涉及这一问题的一项条文,因为在此领域,残疾人尤易受到歧视待遇。
However, other delegations considered it necessary to maintain a subparagraph covering the issue since it was an area in which people with disabilities were particularly vulnerable to discriminatory treatment.
102. 其他提案包括:
Other proposals included:
(a) 删除“性活动”,插入“通过法律或合法婚姻”;
(a) Deletion of the word “sexuality” and the insertion of the words “through a legal or legitimate marriage”;
(b) 将案文改为“残疾人的性生活应得到与他人同等的尊重”。
(b) Replacing the text with the words “That the sexuality of people with disabilities should be respected on an equal basis with others”.
103. 讨论中指出,在西班牙文中,“生儿育女”一语应提及男女双方。
It was noted that, in Spanish, the term “parenthood” should refer to both men and women.
104. 经讨论,(a)项案文如下:
Following the discussion, subparagraph (a) reads:
“(a) 不得剥夺残疾人[根据每个国家的国内法惯例和传统],[通过合法婚姻][体验性生活]享有性关系和其他亲密关系以及体验生儿育女的平等机会。”
“(a) That persons with disabilities are not denied the equal opportunity to [experience their sexuality,] have sexual and other intimate relationships [through a legal marriage] and experience parenthood [in accordance with the national laws, customs and traditions in each country].”
(b)项
Subparagraph (b)
105. 普遍同意以《公民及政治权利国际盟约》第二十三条第2和第3款作为(b)项的基础。
There was general agreement to draw upon paragraphs 2 and 3 of article 23 of the International Covenant on Civil and Political Rights as the basis for subparagraph (b).
106. 有些代表团赞同加上“,而且夫妻应是平等的伙伴”。
A proposal to add the words “and that husband and wife should be equal partners” received some support.
107. 讨论中指出,(b)项的案文可能被理解为不包括残疾人与非残疾人之间的婚姻。
It was noted that the text of the subparagraph could be interpreted as not including marriage between people with disabilities and people with no disabilities.
这一问题交由主持人(安东尼·米耶尼,南非)处理,由他寻找消除这一模糊之处的措词,或可用“残疾人”取代“残疾男女”。
That issue was referred to the facilitator (Anthony Miyeni, South Africa) to find language that resolved this ambiguity, possibly through use of the phrase “persons with disabilities” rather than the phrase “men and women”.
108. 经讨论,(b)项案文如下:
Following the discussion, the text of subparagraph (b) reads:
“(b) 所有婚龄残疾[男女][人]均有权根据未婚配偶双方的自由、充分同意结婚和建立家庭[,而且夫妻应是平等的伙伴];”。
“(b) That the right of all [men and women] [persons] with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses, is recognized [, and that husband and wife should be equal partners];”.
(c)项
Subparagraph (c)
109. 普遍同意(c)项第一部分。
There was general agreement on the first part of subparagraph (c).
110. 讨论中指出,(c)项第二部分中的“生殖和计划生育教育”较之其所依据的《消除对妇女一切形式歧视公约》第十六条第1款(e)项更进一步。
It was noted that the phrase “reproductive and family planning education” in the second part of the subparagraph went further than subparagraph 1 (e) of article 16 of the Convention on the Elimination of All Forms of Discrimination against Women from which it had been derived.
普遍认同这一条款绝非是要改变或损害各国政府有关计划生育及相关事项的一般政策,只要是在普遍适用的国家法律允许范围内。
It was generally agreed that the article was not intended in any way to alter or prejudice the general policies of governments in regard to family planning or related matters, to the extent that these were permitted by national legislation of general application.
普遍赞同添加短语“只要是在普遍适用的国家法律允许范围内”,以此确保这层意思能被理解。
There was general support for the addition of the clause “to the extent that these are permitted by national legislation of general application”, which would ensure that this approach was understood.
但有一些代表团倾向于删除“间隔时间”后面那部分案文。
Some delegations, however, preferred the deletion of the text that followed the words “on an equal basis with other persons”.