醜業を行わしむる為の婦女売買禁止に関する国際条約

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醜業を行わしむる為の婦女売買禁止に関する国際条約

目次

醜業ヲ行ハシムル為ノ婦女売買禁止ニ関スル国際条約1910年

大正14年条約第18号

解説

(編集中)

抜粋

第一条

何人たるを問はず他人の情欲を満足せしむる為醜業を目的として未成年の婦女を勧誘し誘引し又は拐去したる者は本人の承諾を得たるときと雖又右犯罪の構成要素たる各行為が異りたる国に亘りて遂行せられたるときと雖罰せらるべし

第二条

何人たるを問わず他人の欲情を満足せしむる為醜業を目的として詐欺に依り又は暴行、脅迫、権力乱用其の他一切の強制手段を以て成年の婦女を勧誘し誘引し拐去したる者は又右犯罪の構成要素たる各行為が異なりたる国に亘りて遂行せられたるときと雖罰せらるべし

第三条

締約国は現に其の法制が前二条に定むる犯罪を防遏するに充分ならざるときは右犯罪を其の軽重に従ひ処罰する為必要なる措置を執り又は右措置を各自の立法機関に提案すべきことを約す

四条~第十二条(略)

  • この条約で「未成年」とは21歳未満(97年以降)です。
  • 旧字体は新字体に、旧仮名遣いは現代仮名遣いに改めました。

http://d.hatena.ne.jp/yamaki622/20070526/p1


全文(英文) INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE WHITE SLAVE TRAFFIC

http://www.austlii.edu.au/au/other/dfat/treaties/1949/19.html

The Sovereigns, Heads of States, and Governments of the Powers hereinafter designated,

Being equally desirous of taking the most effective steps for the suppression of the traffic known as the "White Slave Traffic", have resolved to conclude a Convention with this object, and a draft thereof having been drawn up at a first Conference which met at Paris from 15 to 25 July 1902, they have appointed their plenipotentiaries, who met at a second Conference at Paris from 18 April to 4 May 1910 and agreed upon the following provisions:

Article 1

Whoever, in order to gratify the passions of another person, has procured, enticed, or led away, even with her consent, a woman or girl under age, for immoral purposes, shall be punished, notwithstanding that the various acts constituting the offence may have been committed in different countries.

Article 2

Whoever, in order to gratify the passions of another person, has, by fraud, or by means of violence, threats, abuse of authority, or any other method of compulsion, procured, enticed, or led away a woman or girl over age, for immoral purposes, shall also be punished, notwithstanding that the various acts constituting the offence may have been committed in different countries.

Article 3

The Contracting Parties whose legislation may not at present be sufficient to deal with the offences contemplated by the two preceding Articles engage to take or to propose to their respective legislatures the necessary steps to punish these offences according to their gravity.

Article 4

The Contracting Parties shall communicate to each other, through the intermediary of the Government of the French Republic, the laws which have already been or may in future be passed in their States relating to the object of the present Convention.

Article 5

The offences contemplated in Articles 1 and 2 shall, from the day on which the present Convention comes into force, be deemed to be lawfully included in the list of offences for which extradition may be granted in accordance with Conventions already existing between the Contracting Parties.

In cases in which the above provision cannot be made effective without amending existing legislation, the Contracting Parties engage to take or to propose to their respective legislatures the necessary measures.

Article 6

The transmission of Letters of Request relating to offences covered by the present Convention shall be effected:

1. Either by direct communication between the judicial authorities;

2. Or through the intermediary of the diplomatic or consular agent of the demanding State in the country to which the demand is addressed. This agent shall forward the Letter of Request direct to the competent judicial authority, and will receive direct from that authority the documents establishing the execution of the Letter of Request;

(in these two cases a copy of the Letter of Request shall always be addressed at the same time to the superior authority of the State to which the demand is addressed);

3. Or through the diplomatic channel.

Each Contracting Party shall make known, by a communication addressed to each of the other Contracting Parties, the method or methods of transmission which it recognises for Letters of Request emanating from that State.

All difficulties which may arise in connection with transmissions effected in cases 1 and 2 of the present Article shall be settled through the diplomatic channel.

In the absence of any different understanding, the Letter of Request must be drawn up either in the language of the State on whom the demand is made or in the language agreed upon between the two States concerned, or else it must be accompanied by a translation made in one of these two languages and duly certified by a diplomatic or consular agent of the demanding State, or by a sworn translator of the State on whom the demand is made.

The execution of the Letters of Request shall not entail repayment of expenses of any kind whatever.

Article 7

The Contracting Parties undertake to communicate to each other the records of convictions in respect of offences covered by the present Convention where the various acts constituting such offences have been committed in different countries.

These documents shall be forwarded direct by the authorities designated in conformity with Article 1 of the Agreement concluded at Paris on 18 May 1904, to the corresponding authorities of the other Contracting States.

Article 8

Non-signatory States may accede to the present Convention. For this purpose they shall notify their intention by a declaration which shall be deposited in the archives of the Government of the French Republic. The latter shall communicate a certified copy thereof through the diplomatic channel to each of the Contracting States, and shall inform them at the same time of the date of such deposit. The laws of the acceding State relative to the object of the present Convention shall also be communicated with the said declaration.

Six months after the date of the deposit of the said declaration the Convention shall come into force throughout the extent of the territory of the acceding State, which will thus become a contracting State.

Accession to the Convention shall necessarily entail, without special notification, a concomitant accession to the Agreement of 18 May 1904, in its entirety, which shall take effect, on the same date as the Convention itself, throughout the territory of the acceding State.

The preceding stipulation does not, however, derogate from Article 7 of the aforementioned Agreement of 18 May 1904, which remains applicable in cases where a State prefers to accede solely to that Agreement.

Article 9

The present Convention, completed by a Final Protocol which forms an integral part thereof, shall be ratified, and the ratifications shall be deposited at Paris as soon as six of the Contracting States are in a position to do so.

A Protocol recording all deposits of ratifications shall be drawn up, of which a certified copy shall be transmitted through the diplomatic channel to each of the Contracting Parties.

The present Convention shall come into force six months after the date of the deposit of the ratifications.

Article 10

In case of one of the Contracting Parties shall denounce the Convention, such denunciation shall only have effect as regards that State.

The denunciation shall be notified by a declaration which shall be deposited in the archives of the Government of the French Republic. The latter shall communicate a certified copy, through the diplomatic channel, to each of the Contracting States, and shall inform them at the same time of the date of deposit.

Twelve months after that date the Convention shall cease to take effect throughout the territory of the State which has denounced it.

The denunciation of the Convention shall not entail as of right a concomitant denunciation of the Agreement of 18 May 1904, unless it should be so expressly mentioned in the declaration; if not, the Contracting State must, in order to denounce the said Agreement, proceed in conformity with Article 8 of that Agreement.

Article 11

If a Contracting State desires the present Convention to come into force in one or more of its colonies, possessions, or consular judicial districts, it shall notify its intention to that effect by a declaration which shall be deposited in the archives of the Government of the French Republic. The latter shall communicate a certified copy thereof, through the diplomatic channel, to each of the Contracting States, and shall inform them at the same time of the date of the deposit.

The said declaration as regards colonies, possessions, or consular judicial districts, shall also communicate the laws which have been therein enacted relative to the object of the present Convention. Laws which may in future be enacted therein shall be equally communicated to the Contracting States in conformity with Article 4.

Six months after the date of deposit of the said declaration, the Convention shall come into force in the colonies, possessions, and consular judicial districts mentioned in such declaration.

The demanding State shall make known, by a communication addressed to each of the other Contracting States, which method or methods of transmission it recognizes for Letters of Request destined for those colonies, possessions, or consular judicial districts in respect of which the declaration mentioned in the first paragraph of the present Article shall have been made.

The denunciation of the Convention by one of the Contracting States on behalf of one or more of its colonies, possessions, and consular judicial districts, shall be made under the forms and conditions laid down by the first paragraph of the present Article. Such denunciation shall take effect twelve months after the date of the deposit of the declaration thereof in the archives of the Government of the French Republic.

Accession to the Convention by a Contracting State on behalf of one or more of its colonies, possessions, or consular judicial districts shall entail, as of right and without special notification, a concomitant accession to the Agreement of 18 May 1904 in its entirety. The said Agreement shall come into force therein on the same date as the Convention itself. Nevertheless, the denunciation of the Convention by a Contracting State on behalf of one or more of its colonies, possessions, or consular judicial districts shall not necessarily entail a concomitant denunciation of the Agreement of 18 May 1904, unless it should be so expressly mentioned in the declaration; moreover, the declarations which the Powers signatories of the Agreement of 18 May 1904 have been enabled to make respecting the accession of their colonies to the said Agreement are maintained.

Nevertheless, from and after the date of the coming into force of the present Convention, accessions to and denunciations of that Agreement as regards the colonies, possessions, or consular judicial districts of the Contracting States, shall be made in conformity with the stipulations of the present Article.

Article 12

The present Convention, which shall be dated 4 May 1910, may be signed in Paris up to 31 July following, by the plenipotentiaries of the Powers represented at the second Conference for the Suppression of the "White Slave Traffic".

DONE at Paris, the 4th May, 1910, in a single copy, of which a certified copy shall be communicated to each of the Signatory Powers.

[Signatures not reproduced here.]

FINAL PROTOCOL

At the moment of proceeding to the signature of the Convention of this day, the undersigned plenipotentiaries deem it expedient to indicate the sense in which Articles 1, 2, and 3 of that Convention are to be understood, and in accordance with which it is desirable that the Contracting States, in the exercise of their legislative sovereignty, should provide for the execution of the stipulations agreed upon or for their extension.

A. The stipulations of Articles 1 and 2 are to be considered as a minimum, seeing that it is self-evident that the Contracting Governments remain entirely free to punish other analogous offences, such, for example, as the procuring of women over age, even where neither fraud nor compulsion may have been exercised.

B. As regards the suppression of the offences provided for in Articles 1 and 2, it is fully understood that the words "woman or girl under age, woman or girl over age" refer to women or girls under or over twenty completed years of age. A law may, nevertheless, fix a more advanced age for protection, on condition that it is the same for women or girls of every nationality.

C. With a view to the suppression of the same offences the law should decree, in every case, a punishment involving loss of liberty, without prejudice to other penalties, principal or accessory; it should also take into account, apart from the age of the victim, the various aggravating circumstances which exist in the case, such as those referred to in Article 2, or the fact that the victim has been in effect delivered over to an immoral life.

D. The case of detention, against her will, of a woman or girl in a brothel could not, in spite of its gravity, be dealt with in the present Convention, seeing that it is governed exclusively by internal legislation.

The present Final Protocol shall be considered as forming an integral part of the Convention of this day, and shall have the same force, validity, and duration.

DONE AND SIGNED at Paris in a single copy, the 4th May, 1910.

[Signatures not reproduced here.]