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INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
PREAMBLE
The States Parties to the present Covenant
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all the members
of the human family is the foundation of freedom, justice and
peace in world,
Recognizing that these rights derive from the inherent dignity
of the human person,
Recognizing that, in accordance with the Universal Declaration
of Human Rights, the ideal of free human beings enjoying freedom
from fear and want can only be achieved if conditions are created
whereby everyone my enjoy his economic, social and cultural rights,
as well as his civil and political rights and freedom,
Realizing that the individual, having duties to other individuals
and to the community to which he belongs, is under a responsibility
to strive for the promotion and observance of the rights recognized
in the present Covenant,
Agree upon the following articles:
PART I
Article 1
- All peoples have the right of self-determination.
By virtue of that right they freely determine their political
status and freely pursue their economic, social and cultural
development.
- All peoples may, for their own ends,
freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and
international law. In no case may a people be deprived of its
own means of subsistence.
- The States Parties to the present
Covenant, including those having responsibility for the administration
of Non-Self-Governing and Trust Territories, shall promote the
realization of the right of self-determination, and shall respect
that right, in conformity with the provisions of the Charter
of the United Nations.
PART II
Article 2
- Each State Party to the present Covenant
undertakes to take steps, individually and through international
assistance and co-operation, especially economic and technical,
to the maximum of its available resources, with a view to achieving
progressively the full realization of the rights recognized
in the present Covenant by all appropriate means, including
particularly the adoption of legislative measures.
- The States Parties to present Covenant
undertake to guarantee that the rights enunciated in the present
Covenant will be exercised without discrimination of any kind
as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status.
- Developing countries, with due regard
to human rights and their national economy, may determine to
what extent they would guarantee the economic rights recognized
in the present Covenant to non-nationals.
Article 3
The States Parties to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all economic,
social and cultural rights set forth in the present Covenant.
Article 4
The States Parties to the present Covenant recognize that,
in the enjoyment of those rights provided by the State in conformity
with the present Covenant, the State may subject such rights only
to such limitations as are determined by law only in so far as this
may be compatible with the nature of these rights and solely for
the purpose of promoting the general welfare in a democratic society.
Article 5
- Nothing in the present Covenant may
be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed
at the destruction of any of the rights or freedoms recognized
herein, or at their limitation to greater extent than is provided
for in the present Covenant.
- No restriction upon or derogation
from any of the fundamental human rights recognized or existing
in any country in virtue of law, conventions, regulations or
custom shall be admitted on the pretext that the present Covenant
does not recognize such rights or that it recognizes them to
a lesser extent.
PART III
Article 6
- The States Parties to the present
Covenant recognize the right to work, which includes the right
of everyone to the opportunity to gain his living by work which
he freely chooses or accepts, and will take appropriate steps
to safeguard this right.
- The Steps to be taken by a State Party
to the present Covenant to achieve the full realization of this
right shall include technical and vocational guidance and training
programmes, policies and techniques to achieve steady economic,
social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic
freedoms to the individual.
Article 7
The States to the present Covenant recognize the right of everyone
to the enjoyment of just and favourable conditions of work which
ensure, in particular:
- Remuneration which provides all workers,
as a minimum, with:
- Fair wages and equal remuneration
for work of equal value without distinction of any kind,
in particular women being guaranteed conditions of work
not inferior to those enjoyed by men, with equal pay for
equal work;
- A decent living for themselves
and their families in accordance with the provisions of
the present Covenant;
- Safe and healthy working conditions;
- Equal opportunity for everyone to
be promoted in his employment to an appropriate higher level,
subject to no considerations other than those of seniority and
competence;
- Rest, leisure and reasonable limitation
of working hours and periodic holidays with pay, as well as
remuneration for public holidays.
Article 8
- The States Parties to the present
Covenant undertake to ensure:
- The right of everyone to form
trade unions and join the trade union of his choice, subject
only to the rules of the organization concerned, for the
promotion and protection of his economic and social interests.
No restrictions may be placed on the exercise of this right
other than those prescribed by law and which are necessary
in a democratic society in the interests of national security
or public order or for the protection of the rights and
freedoms of others;
- The right of trade unions to
establish national federations of confederations and the
right of the latter to form or join international trade-union
organizations;
- The right of trade unions to
function freely subject to no limitations other than those
prescribed by law and which are necessary in a democratic
society in the interests of national security or public
order or for the protection of the rights and freedoms of
others;
- The right to strike, provided
that it is exercised in conformity with the laws of the
particular country.
- This article shall not prevent the
imposition of lawful restrictions on the exercise of these rights
by members of the armed forces or of the police or of the administration
of the State.
- Nothing in this article shall authorize
States Parties to the International Labour Organization Convention
of 1948 concerning Freedom of Association and Protection of
the Right to Organize to take legislative measures which would
prejudice, or apply the law in such a manner as would prejudice,
the guarantees provided for in the Convention.
Article 9
The States Parties to the present Covenant recognize the right
of everyone to social security, including social insurance.
Article 10
The States Parties to the present Covenant recognize that:
- The widest possible protection and
assistance should be accorded to the family, which is the natural
and fundamental group unit of society, particularly for its
establishment and while it is responsible for the care and education
of dependent children. Marriage must be entered into with the
free consent of the intending spouses.
- Special protection should be accorded
to mothers during a reasonable period before and after childbirth.
During such period working mothers should be accorded paid leave
or leave with adequate social security benefits.
- Special measures of protection and
assistance should be taken on behalf of all children and young
persons without any discrimination for reasons of parentage
or other conditions. Children and young persons should be protected
from economic and social exploitation. Their employment in work
harmful to their morals or health or dangerous to life or likely
to hamper their normal development should be punishable by law.
States should also set age limits below which the paid employment
of child labour should be prohibited and punishable by law.
Article 11
- The States Parties to present Covenant
recognize the right of everyone to an adequate standard of living
for himself and his family, including adequate food, clothing
and housing, and to the continuous improvement of living conditions.
The States Parties will take appropriate steps to ensure the
international co-operation based on free consent.
- The States Parties to present Covenant,
recognizing the fundamental right of everyone to be free from
hunger, shall take, individually and through international co-operation,
the measures, including specific programmes, which are needed:
- To improve methods of production,
conservation and distribution of food by making full use
of technical and scientific knowledge, by disseminating
knowledge of the principles of nutrition and by developing
or reforming agrarian systems in such a way as to achieve
the most efficient development and utilization of natural
resources;
- Taking into account the problems
of both food-importing and food-exporting countries, to
ensure an equitable distribution of world food supplies
in relation to need.
Article 12
- The States Parties to the present
Covenant recognize the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health.
- The steps to be taken by the States
Parties to the present Covenant to achieve the full realization
of this right shall include those necessary for:
- The provision for the reduction
of the stillbirth-rate and of infant mortality and for the
healthy development of the child;
- The improvement of all aspects
of environmental and industrial hygiene;
- The prevention, treatment and
control epidemic, endemic, occupational and other diseases;
- The creation of conditions
which would assure to all medical service and medical attention
in the event of sickness.
Article 13
- The States Parties to the present
Covenant recognize the right of everyone to education. They
agree that education shall be directed to the full development
of the human personality and the sense of its dignity, and shall
strengthen the respect for human rights and fundamental freedoms.
They further agree that education shall enable all persons to
participate effectively in a free society, promote understanding,
tolerance and friendship among all nations and all racial, ethnic
or religious groups, and further the activities of the United
Nations for the maintenance of peace.
- The States Parties to the present
Covenant recognize that, with a view to achieving the full realization
of this right:
- Primary education shall be
compulsory and available free to all;
- Secondary education in its
different forms, including technical and vocational secondary
education, shall be made generally available and accessible
to all by ever appropriate means, and in particular by the
progressive introduction of free education;
- Higher education shall be made
equally accessible to all, on the basis of capacity, by
every appropriate means, and in particular by the progressive
introduction of free education;
- Fundamental education shall
be encouraged or intensified as far as possible for those
persons who have not received or completed the whole period
of their primary education;
- The development of a system
of schools at all levels shall be actively pursued, an adequate
fellowship system shall be established, and the material
conditions of teaching staff shall be continuously improved.
- The States Parties to the present
Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to choose for their children
schools, other than those established by the public authorities,
which conform to such minimum educational standards as may be
laid down or approved by the State and to ensure the religious
and moral education of their children in conformity with their
own convictions.
- No part of this article shall be
construed so as to interfere with the liberty of individuals
and bodies to establish and direct educational institutions,
subject always to the observance of the principles set forth
in paragraph 1 of this article and to the requirement that the
education given in such institutions shall conform to such minimum
standards as may be laid down by the State.
Article 14
Each State Party to the present Covenant which, at the time
of becoming a Party, has not been able to secure in its metropolitan
territory of other territories under its jurisdiction compulsory
primary education, free of charge, undertakes, within two years,
to work out and adopt a detailed plan of action for the progressive
implementation, within a reasonable number of years, to be fixed
in the plan, of the principle of compulsory education free of charge
for all.
Article 15
- The States Parties to the present
covenant recognize the right of everyone:
- To take part in cultural life;
- To enjoy the benefits of scientific
progress and its applications';
- To benefit from the protection
of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.
- The steps to be taken by the States
Parties to the present Covenant to achieve the full realization
of this right shall include those necessary for the conservation,
the development and the diffusion of science and culture.
- The States Parties to the present
Covenant undertake to respect the freedom indispensable for
scientific research and creative activity.
- The States Parties to the present
Covenant recognize the benefits to be derived from the encouragement
and development of international contacts and co-operation in
the scientific and cultural fields.
PART IV
Article 16
- The States Parties to the present
Covenant undertake to submit in conformity with this part of
the Covenant reports on the measures which they have adopted
and the progress made in achieving the observance of the rights
recognized herein.
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- All reports shall be submitted
to Secretary-General of the United Nations, who shall transmit
copies to the Economic and Social Council for consideration
in accordance with the provisions of the present Covenant;
- The Secretary-General of the
United Nations shall also transmit to the specialized agencies
copies of the reports, or any relevant parts therefrom,
from States Parties to the present Covenant which are also
members of these specialized agencies in so far as these
reports, or parts therefrom, relate to any matters which
fall within the responsibilities of the said agencies in
accordance with their constitutional instruments.
Article 17
- The States Parties to the present
Covenant shall furnish their reports in stages, in accordance
with a programme to be established by the Economic and Social
Council within one year of the entry into force of the present
Covenant after consultation with the States Parties and the
specialized agencies concerned.
- Reports may indicate factors and
difficulties affecting the degree of fulfillment of obligations
under the present Covenant.
- Where relevant information has previously
been furnished to the United Nations or to any specialized agency
by any State Party to the present Covenant, it will not be necessary
to reproduce that information, but a precise reference to the
information so furnished will suffice.
Article 18
Pursuant to its responsibilities under the Charter of the United
Nations in the field of human rights and fundamental freedoms, the
Economic and Social Council may make arrangements with the specialized
agencies in respect of their reporting to it on the progress made
in achieving the observance of the provisions of the present Covenant
falling within the scope of their activities. These reports may
include particulars of decisions and recommendations on such implementation
adopted by their competent organs.
Article 19
The Economic and Social Council may transmit to the Commission
on Human Rights for study and general recommendation or, as appropriate,
for information the reports concerning human rights submitted by
States in accordance with articles 16 and 17, and those concerning
human rights submitted by the specialized agencies in accordance
with article 18.
Article 20
The States Parties to the present Covenant and the specialized
agencies concerned may submit comments to the Economic and Social
Council on any general recommendation under article 19 or reference
to such general recommendation in any report of the Commission on
Human Rights or any documentation referred to therein.
Article 21
The Economic and Social Council may submit from time to time
to the General Assembly reports with recommendations of a general
nature and a summary of the information received from the States
Parties to the present Covenant and the specialized agencies on
the measures taken and the progress made in achieving general observance
of the rights recognized in the present Covenant.
Article 22
The Economic and Social Council may bring to the attention
of other organs of the United Nations, their subsidiary organs and
specialized agencies concerned with furnishing technical assistance
any matters arising out of the reports referred to in this part
of the present Covenant which may assist such bodies in deciding,
each within its field of competence, on the advisability of international
measures likely to contribute to the effective progressive implementation
of the present Covenant.
Article 23
The States Parties to the present Covenant agree that international
action for the achievement of the rights recognized in the present
Covenant includes such methods as the conclusion of conventions,
the adoption of recommendations, the furnishing of technical assistance
and the holding of regional meetings and technical meetings for
the purpose of consultation and study organized in conjunction with
the Governments concerned.
Article 24
Nothing in the present Covenant shall be interpreted as impairing
the provisions of the Charter of the United Nations and of the constitutions
of the specialized agencies which define the respective responsibilities
of the various organs of the United Nations and of the specialized
agencies in regard to the matters dealt with in the present Covenant.
Article 25
Nothing in the present Covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and
freely their natural wealth and resources.
PART V
Article 26
- The present Covenant is open for
signature by any State Member of the United Nations or member
of any of its specialized agencies, by any State Party to the
Statute of the International Court of Justice, and by any other
State which has been invited by the General Assembly of the
United Nations to become a party to the present Covenant.
- The present Covenant is subject to
ratification. Instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
- The present Covenant shall be open
to accession by any State referred to in paragraph 1 of this
article.
- Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General
of the United Nations.
- The Secretary-General of the United
Nations shall inform all States which have signed the present
Covenant or acceded to it of the deposit of each instrument
of ratification or accession.
Article 27
- The present Covenant shall enter
into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth
instrument of ratification or instrument of accession.
- For each State ratifying the present
Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present
Covenant shall enter into force three months after the date
of the deposit of its own instrument of ratification or instrument
of accession.
Article 28
The provisions of the present Covenant shall extend to all
parts of federal States without any limitations or exceptions.
Article 29
- Any State Party to the present Covenant
may propose an amendment and file it with the Secretary-General
of the United Nations. The Secretary- General shall thereupon
communicate any proposed amendments to the States Parties to
the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that
at least one third of the States Parties favours such a conference,
the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority
of the States Parties present and voting at the conference shall
be submitted to the General Assembly of the United Nations for
approval.
- Amendments shall come into force
when they have been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of the
States Parties to the present Covenant in accordance with their
respective constitutional processes.
- When amendments come into force they
shall be binding on those States Parties which have accepted
them, other States Parties still being bound by the provisions
of the present Covenant and any earlier amendment which they
have accepted.
Article 30
Irrespective of the notifications made under article 26, paragraph
5, the Secretary-General of the United nations shall inform all
States referred to in paragraph 1 of the same article of the following
particulars:
- Signatures, ratifications and accessions
under article 26;
- The date of the entry into force
of the present Covenant under article 27 and the date of the
entry into force of any amendments under article 29.
Article 31
- The present Covenant, of which the
Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United
Nations.
- The Secretary-General of the United
nations shall transmit certified copies of the present Covenant
to all States referred to in article 26.
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