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海员性病治疗公约

分类: 法律英语 
 

颁布日期:19241201  实施日期:19331201

Author's Note

The International Office of Public Health prepared a draft agreementin 1924 for providing merchant seamen with facilities for the treatment ofvenereal diseases. A conference was subsequently convened at Brussels, andon December 1, 1924, the draft was approved and signed as a Convention.The function of preparing “treatment booklets,” along with other dutiesarising out of the Convention, was entrusted to the International Officeof Public Health. However, as a result of the decision of theInternational Health Conference held in New York in June-July 1946, theduties and functions of the International Public Health Office weretransferred to the World Health Organization. The duties of WHO inapplying the provisions of the Brussels Agreement, as were thosepreviously carried out by OHIP, are:

1. The preparation and publication of a list of venereal-diseasetreatment centres operating in various ports throughout the world (threeeditions of this list were issued by OHIP in 1933, 1935 (supplement 1936),and 1939 respectively, and a fourth edition was published by WHO in 1951);

2. The preparation and distribution to national health administrationsof a treatment booklet (personal booklet) for the seaman's personal use,to be presented at the different centres for the recording of informationon diagnosis and treatment;

3. An evaluation of the degree of success realised in applying theprovisions of the International Agreement. (A special Commission-Commission de l'Arrangement de Bruxelles——designated by OHIP reported on thissubject in 1933 and this question has also be considered by various WHOexpert committees and study groups in 1948, 1949, 1951, and 1956.)

The First and Second World Health Assemblies, acting onrecommendations of the Expert Committee on Venereal Diseases (laterentitled Expert Committee on Venereal Infection and Treponematoses),considered the possible revision of the Brussels Agreement. Currentmethods of application of the Agreement are at present being studied byWHO as a basis for the projected revision. The text of the Agreement is asfollows:

Text

Article 1

The High Contracting Parties undertake to establish and to maintain ineach of their principal sea or river ports services for the treatment ofvenereal diseases, open to all merchant seaman or watermen, withoutdistinction of nationality.

These services shall have a staff of medical specialists and technicalequipment kept constantly abreast of the progress of science. They shallbe so established and worked as to be readily accessible to those desiringto make use of them. Their size shall be proportionate in each port to thevolume of traffic, and they shall dispose of a sufficient number ofhospital beds.

Article 2

Medical treatment and the supply of medical necessaries shall be freeof charge. The same shall apply to hospital treatment when it isconsidered necessary by the doctor of the service.

Patients shall receive likewise free of charge the medical suppliesnecessary for the treatment to be followed on the voyage till the nextport of call.

Article 3

Each patient shall receive a card, which shall be strictly personal tohimself, and on which he shall be designated by a number only. On the cardthe doctors of the different treatment centres visited by him shall enter:

(a) the diagnosis, with a summary of the clinical particularsnoted at the time of the examination;

(b) the treatment carried out at the centre;

(c) the treatment to be followed on the voyage;

(d) the results of serological examinations undertaken in cases ofsyphilis (Wassermann)。

These cards shall be drawn up in the form of the annexed model. Theymay be modified later by administrative order.

It is desirable, in order to facilitate comparison, that theWassermann reaction should be carried out as far as possible by oneuniform method.

Article 4

Masters of ships and shipowners shall be required to make known to thecrews the existence of the services contemplated in the present agreement.

At the time of the vessel's sanitary inspection, or of his visit onboard, the sanitary officer shall furnish the crew with notices showingthe time and place for consultations.

Article 5

States which are not Parties to the present agreement shall be allowedto accede thereto at their request. Such accession shall be notifiedthrough the diplomatic channel to the Belgian Government and by them tothe other signatory Governments.

Article 6

The present agreement shall enter into force three months after thedate of the exchange of ratifications. Should one of the ContractingParties denounce the Agreement, the denunciation shall have effect only asregards that Party, and not till one year after the date of thenotification of the denunciation to the Belgian Government.

Article 7

In the absence of a contrary decision by one or other of the signatoryPowers, the provisions of the present agreement shall not apply toself-governing Dominions, Colonies, Possessions and Protectorates of theHigh Contracting Parties or territories in respect of which a mandate hasbeen accepted by the Contracting Parties on behalf of the League ofNations.

Nevertheless, the High Contracting Parties reserve the right to accedeto the convention, in accordance with the provisions of Article 5, in thename of their self-governing Dominions, Colonies, Possessions orProtectorates or of territories in respect of which they have accepted amandate on behalf of the League of Nations. They reserve also the right todenounce it separately, in accordance with the provisions of Article 6.

Article 8

The present agreement shall be ratified and the ratifications shall bedeposited in Brussels as soon as possible.

In faith whereof the respective Plenipotentiaries have signed thepresent agreement and have affixed to it their seals.

Done at Brussels, December 1, 1924, in a single copy, which shallremain deposited in the archives of the Belgian Ministry for ForeignAffairs, and of which a certified copy shall be communicated to eachContracting Power.

Ratifications of and Accessions to the Agreement

1. The agreement came into force on December 18, 1930 (Art, 6)。

2. The countries and territories which have ratified or adhered to theAgreement are given below by order of date of ratification or adherence①。Countries identified by the sign made reservations; these are also listedbelow.

[ ① Adherence (accession) is a procedure by which a State, not asignatory to a treaty, may become a party to the treaty. As a result ofsuch a procedure, a non-signatory State may become a party to the treatyto the same extent as, and with all the rights and obligations of, a Statewhich has become a party to the treaty by the procedure of signature andsubsequent deposit of an instrument of ratification. ——The informationgiven in this section has been furnished by the Belgian Government.]

Ratifications: United Kingdom of Great Britain and Northern Ireland,August 21, 1925; Monaco, December 17, 1925; Finland, April 21, 1926;Greece, May 18, 1926; Belgium, August 5, 1926; Roumania, December 26,1927; Denmark, May 1, 1928; Italy, September 1, 1928; France, September23, 1930; Sweden, February 10, 1931; Chile, March 13, 1935.

Accessions: Canada, August 21, 1925; New Zealand, August 21, 1925;British Guiana, November 4, 1926; British Honduras, November 4, 1926;Ceylon, November 4, 1926; Falkland Islands, November 4, 1926; Fiji,November 4, 1926; Gibraltar, November 4, 1926; Grenada, November 4, 1926;Leeward Islands, November 4, 1926; Mauritius, November 4, 1926; St.Lucia, November 4, 1926; St. Vincent, November 4, 1926; Seychelles,November 4, 1926; Straits Settlements, November 4, 1926; Trinidad andTobago, November 4, 1926; Belgian Congo, February 17, 1927; Morocco(French Zone)①, October 10, 1927; Bahamas, October 28, 1927; BritishSolomon Islands Protectorate, October 28, 1927; Gambia, October 28, 1927;Gilbert and Ellice Islands, October 28, 1927; Jamaica, October 28, 1927;Iraq, April 14, 1928; Australia, August 23, 1928; Iceland, November 20,1928; Cyprus, April 17, 1930; Ireland, September 18, 1930; Netherlands,October 10, 1930; Poland, December 11, 1931; Hong Kong, November 21,1933; North Borneo, June 13, 1934; Algeria, July 9, 1934; Cambodia, July9, 1934; Cameroons (French Administration), July 9, 1934; FrenchEquatorial Africa, July 9, 1934; French Guinea, July 9, 1934; FrenchSettlements in India, July 9, 1934; French West Africa, July 9, 1934;Guadeloupe, July 9, 1934; Indo-China, July 9, 1934; Madagascar, July 9,1934; Martinique, July 9, 1934; Tahiti, July 9, 1934; Tunisia, September23, 1934; Norway, January 18, 1935; Germany②, April 16, 1937; Barbados,March 29, 1950; Viet Nam, October 9, 1950; Israel, November 28, 1950;Turkey, March 27, 1952; Spain and Spanish colonies, August 15, 1952;Morocco (Spanish Zone)①, August 15, 1952; India, November 6, 1954;Brazil, February 20, 1955; Pakistan, June 7, 1956.

[ ① Accession confirmed for Kingdom of Morocco by letter of Ministerof Foreign Affairs dated July 13, 1957.

② Note by Belgian Government: “Re-entered into force with the FederalRepublic of Germany following an exchange of notes dated Brussels.September 24 and October 13, 1953.”]

Reservations made by Certain Countries

The governments of the following countries have made reservations inrespect of certain provisions of the Agreement.France

“The French Government declares that the present Agreement shall onlyapply to Tunisia as regards the port of Tunis.”Germany

The German Government acceded with the reservation that Germany wouldprovide the arrangements required under the Agreement only in the portsof: Hamburg, Bremen, Bremerhaven, Kiel, Konigsberg, Greifswald, Emden,Rostock and Stettin. Greece

“I declare that I sign the present Agreement subject to the samereservations as those made by the Romanian Government.”Romania

“The Romanian Government undertakes only the following obligations insigning the present agreement:

1. To provide hospital accommodation and treatment for foreign seamensuffering from venereal disease in the hospitals at present existing inthe Romanian maritime and river ports, and to accord such seamen the sametreatment as that given to patients admitted free of charge.

2. To supply free of charge the drugs and medicines required until thepatient reaches the next port.

3. To instruct the local health authorities to draw up the model card(carnet-type) and to note thereon the various particulars provided for inthe Agreement.

4. To provide hospital accommodation for all seamen considered by thelocal doctor to be in need of hospital treatment, without, however, beingobliged to establish special health services for seamen.“United Kingdom of Great Britain and Northern Ireland

“I, the British representative, declare that my signature applies onlyto Great Britain and Northern Ireland. I reserve the right of each of theBritish Dominions, Colonies, Oversea Possessions and Protectorates and ofeach of the territories in respect of which a mandate on behalf of theLeague of Nations has been accepted by His Britannic Majesty to accede tothe Agreement under Article 7.”

Countries informally implementing the provisions of the Agreement

Besides those which are parties to the Agreement, a number ofcountries and territories have agreed to provide treatment facilities aslaid down in the Agreement. Those which have notified WHO that freetreatment is provided in certain port clinics are:

Aden, Argentina, Bermuda, British Somaliland, Brunei, Bulgaria,Burma Dominican Republic, Ecuador, French Somaliland, Ghana, Guatemala,Indonesia ②, Iran, Kenya, Lebanon, Malaya, Federation of, Malta, NewCaledonia, Nigeria, Panama, Paraguay, Philippines, Portugal,Reunion, Sarawak, Sierra, Leone, Switzerland, Tanganyika, Thailand,Union of South Africa, United Arab Republic, United States of America, Uruguay, Venezuela, Yugoslavia, Zanzibar.

[ Out-patient treatment only.]

[ Out-patient treatment free; in-patient treatment against payment.]

Further information has also been received by WHO thatvenereal-disease treatment facilities are available for sailors in theports of the following countries and territories:

Treatment against payment

Japan, Panama Canal Zone, St. Helena, Togoland, Tonga.

Not specified whether treatment is free or against payment

Czechoslovakia, El Salvador, Haiti, Hungary, Mexico, New Hebrides,Peru

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