American Declaration of the Rights and Duties of Man
美国人的权利和义务宣言

WHEREAS: 鉴于

The American peoples have acknowledged the dignity of the individual, and their national constitutions recognize that juridical and political institutions, which regulate life in human society, have as their principal aim the protection of the essential rights of man and the creation of circumstances that will permit him to achieve spiritual and material progress and attain happiness;
美洲人民承认个人的尊严，他们的国家宪法承认，规范人类社会生活的司法和政治体制的主要目的是保护人的基本权利，创造条件使人能够实现精神和物质进步并获得幸福；

The American States have on repeated occasions recognized that the essential rights of man are not derived from the fact that he is a national of a certain state, but are based upon attributes of his human personality;
美洲国家多次承认，人的基本权利并非源于他是某个国家的国民这一事实，而是基于他的人格属性；

The international protection of the rights of man should be the principal guide of an evolving American law;
对人的权利的国际保护应成为不断发展的美国法律的主要指导；

The affirmation of essential human rights by the American States together with the guarantees given by the internal regimes of the states establish the initial system of protection considered by the American States as being suited to the present social and juridical conditions, not without a recognition on their part that they should increasingly strengthen that system in the international field as conditions become more favorable,
美洲国家对基本人权的确认，加上各州国内制度的保障，建立了美洲国家认为适合当前社会和司法条件的初步保护制度，但美洲国家也承认，随着条件的改善，它们应在国际领域日益加强这一制度、

The Ninth International Conference of American States
第九届美洲国家国际会议

AGREES: 同意

To adopt the following 通过以下文件

American Declaration of the Rights and Duties of Man
美国人的权利和义务宣言

Preamble 序言

All men are born free and equal, in dignity and in rights, and, being endowed by nature with reason and conscience, they should conduct themselves as brothers one to another.
人人生而自由平等，在尊严和权利上一律平等，而且由于天性赋予他们理性和良知，他们应当以兄弟相待的方式行事。

The fulfillment of duty by each individual is a prerequisite to the rights of all. Rights and duties are interrelated in every social and political activity of man. While rights exalt individual liberty, duties express the dignity of that liberty.
每个人履行义务是所有人享有权利的前提。在人类的每一项社会和政治活动中，权利和义务都是相互关联的。权利崇尚个人自由，而义务则体现自由的尊严。

Duties of a juridical nature presuppose others of a moral nature which support them in principle and constitute their basis.
法律性质的义务以其他道德性质的义务为前提，这些义务在原则上支持这些义务并构成其基础。

Inasmuch as spiritual development is the supreme end of human existence and the highest expression thereof, it is the duty of man to serve that end with all his strength and resources.
既然精神发展是人类生存的最高目的，也是人类生存的最高表现形式，那么人类就有责任竭尽全力为这一目的服务。

Since culture is the highest social and historical expression of that spiritual development, it is the duty of man to preserve, practice and foster culture by every means within his power.
既然文化是这种精神发展的最高社会和历史表现形式，那么人类就有责任在力所能及的范围内通过各种手段保护、实践和促进文化。

And, since moral conduct constitutes the noblest flowering of culture, it is the duty of every man always to hold it in high respect.
既然道德行为是文化中最崇高的花朵，那么每个人都有责任始终对其保持崇高的敬意。

CHAPTER ONE Rights 第一章 权利

Article I. Right to life, liberty and personal security.
第 I 条生命权、自由权和人身安全权。

Every human being has the right to life, liberty and the security of his person.
每个人都享有生命权、自由权和人身安全权。

Article II. Right to equality before law.
第 II 条 法律面前人人平等法律面前人人平等的权利。

All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
法律面前人人平等，人人享有本宣言规定的权利和义务，不分种族、性别、语言、信仰或任何其他因素。

Article III. Right to religious freedom and worship.
第 III 条.宗教自由和礼拜权。

Every person has the right freely to profess a religious faith, and to manifest and practice it both in public and in private.
每个人都有权自由表明自己的宗教信仰，并在公开场合和私下场合表明和实践自己的宗教信仰。

Article IV. Right to freedom of investigation, opinion, expression and dissemination.
第 IV 条 调查、发表意见、言论和传播自由权调查、发表意见、言论和传播自由的权利。

Every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever.
人人有权通过任何媒介自由调查、发表意见、表达和传播思想。

Article V. Right to protection of honor, personal reputation, and private and family life.
第 V 条.保护荣誉、个人名誉、私人生活和家庭生活的权利。

Every person has the right to the protection of the law against abusive attacks upon his honor, his reputation, and his private and family life.
每个人都有权得到法律的保护，使其荣誉、名誉以及私人和家庭生活免受辱骂。

Article VI. Right to a family and to protection thereof.
第 VI 条家庭权和家庭受保护的权利。

Every person has the right to establish a family, the basic element of society, and to receive protection therefor.
每个人都有权建立作为社会基本要素的家庭，并因此得到保护。

Article VII. Right to protection for mothers and children.
第 VII 条.母亲和儿童受保护的权利

All women, during pregnancy and the nursing period, and all children have the right to special protection, care and aid.
所有孕期和哺乳期妇女以及所有儿童都有权获得特别保护、照顾和援助。

Article VIII. Right to residence and movement.
第 VIII 条居住和迁徙权。

Every person has the right to fix his residence within the territory of the state of which he is a national, to move about freely within such territory, and not to leave it except by his own will.
每个人都有权在其作为国民的国家领土内固定住所，在该领土内自由迁徙，非出于本人意愿不得离开。

Article IX. Right to inviolability of the home.
第 IX 条 住宅不受侵犯权住宅不受侵犯的权利

Every person has the right to the inviolability of his home.
每个人都有权保护自己的家园不受侵犯。

Article X. Right to the inviolability and transmission of correspondence
第 X 条.通信不受侵犯和传递的权利

Every person has the right to the inviolability and transmission of his correspondence.
每个人都有权使自己的信件不受侵犯和传递。

Article XI. Right to the preservation of health and to well-being.
第 XI 条维护健康和享有福利的权利。

Every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources.
每个人都有权在公共和社区资源允许的范围内，通过与食物、衣服、住房和医疗有关的卫生和社会措施来保护自己的健康。

Article XII. Right to education.
第 XII 条 受教育权受教育权。

Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity.
每个人都有受教育的权利，这种权利应建立在自由、道德和人类团结的原则之上。

Likewise every person has the right to an education that will prepare him to attain a decent life, to raise his standard of living, and to be a useful member of society.
同样，每个人都有权接受教育，为过上体面的生活、提高生活水平和成为社会有用的人做好准备。

The right to an education includes the right to equality of opportunity in every case, in accordance with natural talents, merit and the desire to utilize the resources that the state or the community is in a position to provide.
受教育的权利包括在任何情况下，根据天赋、才能和利用国家或社会有能力提供的资源的愿望，享有平等机会的权利。

Every person has the right to receive, free, at least a primary education.
每个人都有权免费接受至少初等教育。

Article XIII. Right to the benefits of culture.
第 XIII 条享受文化惠益的权利。

Every person has the right to take part in the cultural life of the community, to enjoy the arts, and to participate in the benefits that result from intellectual progress, especially scientific discoveries.
每个人都有权参与社会的文化生活，享受艺术，并分享知识进步，特别是科学发现所带来的惠益。

He likewise has the right to the protection of his moral and material interests as regards his inventions or any literary, scientific or artistic works of which he is the author.
同样，在其发明或其作为作者的任何文学、科学或艺术作品方面，他也有权获得对其精神和物质利益的保护。

Article XIV. Right to work and to fair remuneration.
第 XIV 条工作权和获得公平报酬的权利

Every person has the right to work, under proper conditions, and to follow his vocation freely, insofar as existing conditions of employment permit.
每个人都有权在适当的条件下工作，并在现有就业条件允许的范围内自由从事其职业。

Every person who works has the right to receive such remuneration as will, in proportion to his capacity and skill, assure him a standard of living suitable for himself and for his family.
每个工作的人都有权获得与其能力和技能相称的报酬，以保证他本人及其家庭享有适当的生活水准。

Article XV. Right to leisure time and to the use thereof.
第 XV 条闲暇时间及其使用权。

Every person has the right to leisure time, to wholesome recreation, and to the opportunity for advantageous use of his free time to his spiritual, cultural and physical benefit.
每个人都有权享受闲暇时间，有权享受有益健康的娱乐活动，有权利用空闲时间为自己的精神、文化和身体健康服务。

Article XVI. Right to social security.
第 XVI 条：社会保障权社会保障权

Every person has the right to social security which will protect him from the consequences of unemployment, old age, and any disabilities arising from causes beyond his control that make it physically or mentally impossible for him to earn a living.
每个人都有权享受社会保障，这种社会保障将保护他免受失业、年老以及由于他无法控制的原因造成的任何残疾的影响，这些原因使他在身体上或精神上无法谋生。

Article XVII. Right to recognition of juridical personality and civil rights.
第 XVII 条承认法人地位和公民权利的权利。

Every person has the right to be recognized everywhere as a person having rights and obligations, and to enjoy the basic civil rights.
每个人都有权在任何地方被承认为拥有权利和义务的人，并享有基本的公民权利。

Article XVIII. Right to a fair trial.
第 XVIII 条公平审判权。

Every person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a simple, brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights.
每个人都可以诉诸法院，以确保其合法权利得到尊重。同样，他也应该有一个简单、简短的程序，使法院能够保护他免受当局侵犯其宪法基本权利的行为之害。

Article XIX. Right to nationality.
第 XIX 条 国籍权国籍权。

Every person has the right to the nationality to which he is entitled by law and to change it, if he so wishes, for the nationality of any other country that is willing to grant it to him.
每个人都有权拥有法律赋予他的国籍，如果他愿意，也有权将其改为愿意授予他国籍的任何其他国家的国籍。

Article XX. Right to vote and to participate in government.
第 XX 条选举权和参政权

Every person having legal capacity is entitled to participate in the government of his country, directly or through his representatives, and to take part in popular elections, which shall be by secret ballot, and shall be honest, periodic and free.
凡具有法律行为能力者，均有权直接或通过其代表参与治理本国，并参加以无记名投 票方式进行的、诚实的、定期的和自由的普选。

Article XXI. Right of assembly.
第 XXI 条 集会权集会权。

Every person has the right to assemble peaceably with others in a formal public meeting or an informal gathering, in connection with matters of common interest of any nature.
每个人都有权与他人和平集会，举行正式的公共会议或非正式集会，讨论任何性质的共同关心的问题。

Article XXII. Right of association.
第 XXII 条 结社权结社权。

Every person has the right to associate with others to promote, exercise and protect his legitimate interests of a political, economic, religious, social, cultural, professional, labor union or other nature.
每个人都有权与他人结社，以促进、行使和保护其政治、经济、宗教、社会、文 化、专业、工会或其他性质的合法利益。

Article XXIII. Right to property.
第 XXIII 条财产权。

Every person has a right to own such private property as meets the essential needs of decent living and helps to maintain the dignity of the individual and of the home.
每个人都有权拥有满足体面生活基本需要并有助于维护个人和家庭尊严的私有财产。

Article XXIV. Right of petition.
第 XXIV 条 请愿权请愿权。

Every person has the right to submit respectful petitions to any competent authority, for reasons of either general or private interest, and the right to obtain a prompt decision thereon.
每个人都有权出于普遍或私人利益的原因向任何主管当局提交受人尊重的请愿书，并有权获得迅速的裁决。

Article XXV. Right of protection from arbitrary arrest.
第 XXV 条受保护免遭任意逮捕的权利。

No person may be deprived of his liberty except in the cases and according to the procedures established by pre-existing law.
除非根据现行法律规定的情况和程序，否则不得剥夺任何人的自由。

No person may be deprived of liberty for nonfulfillment of obligations of a purely civil character.
任何人不得因未履行纯粹民事性质的义务而被剥夺自由。

Every individual who has been deprived of his liberty has the right to have the legality of his detention ascertained without delay by a court, and the right to be tried without undue delay or, otherwise, to be released. He also has the right to humane treatment during the time he is in custody.
每个被剥夺自由的人都有权要求法院毫不拖延地确定对其拘留的合法性，并有权在不无故拖延的情况下接受审判，否则有权获释。他还有权在被拘留期间获得人道待遇。

Article XXVI. Right to due process of law.
第 XXVI 条享有正当法律程序的权利。

Every accused person is presumed to be innocent until proved guilty.
在证明有罪之前，每个被告都被推定为无罪。

Every person accused of an offense has the right to be given an impartial and public hearing, and to be tried by courts previously established in accordance with pre-existing laws, and not to receive cruel, infamous or unusual punishment.
每个被指控犯罪的人都有权获得公正和公开的审讯，并由先前根据现行法律设立的法庭进行审判，且不受残忍、恶毒或不寻常的惩罚。

Article XXVII. Right of asylum.
第 XXVII 条 庇护权庇护权。

Every person has the right, in case of pursuit not resulting from ordinary crimes, to seek and receive asylum in foreign territory, in accordance with the laws of each country and with international agreements.
根据每个国家的法律和国际协定，每个人都有权在非普通犯罪造成的追捕情况下，在外国领土上寻求和接受庇护。

Article XXVIII. Scope of the rights of man.
第 XXVIII 条.人的权利的范围

The rights of man are limited by the rights of others, by the security of all, and by the just demands of the general welfare and the advancement of democracy.
人的权利受到他人权利、所有人的安全、普遍福利的正当要求和民主进步的限制。

CHAPTER TWO Duties 第二章 职责

Article XXIX. Duties to society.
第 XXIX 条对社会的义务

It is the duty of the individual so to conduct himself in relation to others that each and every one may fully form and develop his personality.
个人有责任处理好自己与他人的关系，使每个人都能充分形成和发展自己的个性。

Article XXX. Duties toward children and parents.
第 XXX 条对子女和父母的义务

It is the duty of every person to aid, support, educate and protect his minor children, and it is the duty of children to honor their parents always and to aid, support and protect them when they need it.
帮助、抚养、教育和保护未成年子女是每个人的义务，子女有责任永远孝敬父母，并在父母需要时给予帮助、支持和保护。

Article XXXI. Duty to receive instruction.
第 XXXI 条接受指导的义务。

It is the duty of every person to acquire at least an elementary education.
每个人都有义务至少接受初等教育。

Article XXXII. Duty to vote.
第 XXXII 条 表决权投票的义务

It is the duty of every person to vote in the popular elections of the country of which he is a national, when he is legally capable of doing so.
每个人都有义务在其作为国民的国家的普选中投票，只要他在法律上有能力这样做。

Article XXXIII. Duty to obey the law
第 XXXIII 条.遵守法律的义务

It is the duty of every person to obey the law and other legitimate commands of the authorities of his country and those of the country in which he may be.
每个人都有义务遵守本国和所在国当局的法律和其他合法命令。

Article XXXIV. Duty to serve the community and the nation.
第 XXXIV 条服务社会和国家的义务。

It is the duty of every able-bodied person to render whatever civil and military service his country may require for its defense and preservation, and, in case of public disaster, to render such services as may be in his power.
每个身体健康的人都有义务为国家提供防卫和维护所需的一切民事和军事服务，并在发生公共灾难时提供力所能及的服务。

It is likewise his duty to hold any public office to which he may be elected by popular vote in the state of which he is a national.
同样，他也有义务在其国籍所在州担任任何经民选产生的公职。

Article XXXV. Duties with respect to social security and welfare.
第 XXXV 条社会保障和福利方面的义务。

It is the duty of every person to cooperate with the state and the community with respect to social security and welfare, in accordance with his ability and with existing circumstances.
每个人都有义务根据自己的能力和现有条件，在社会保障和福利方面与国家和社区合作。

Article XXXVI. Duty to pay taxes.
第 XXXVI 条 纳税义务纳税义务。

It is the duty of every person to pay the taxes established by law for the support of public services.
每个人都有义务缴纳法律规定的税款，以支持公共服务。

Article XXXVII. Duty to work.
第 XXXVII 条 工作义务工作义务

It is the duty of every person to work, as far as his capacity and possibilities permit, in order to obtain the means of livelihood or to benefit his community.
每个人都有义务在其能力和可能性允许的范围内工作，以获得谋生手段或造福社会。

Article XXXVIII. Duty to refrain from political activities in a foreign country.
第 XXXVIII 条.在外国不从事政治活动的义务。

It is the duty of every person to refrain from taking part in political activities that, according to law, are reserved exclusively to the citizens of the state in which he is an alien.
每个人都有义务不参与政治活动，因为根据法律，政治活动只属于其所在国的公民。