APPENDIX 3
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
Adopted by General Assembly res 2200 A (XXI) of 16 December 1966. Entry
into force 3 January 1976 in accordance with article 17.
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 members of the human family
is the foundation of freedom, justice and peace in the 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
may enjoy his economic, social and cultural rights, as well as his civil
and political rights,
CONSIDERING the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human rights
and freedoms,
REALIZING that the individual, having duties to other individuals and
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
(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.
(2) All people 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.
(3) 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 to
self-determination, and shall respect that right, in conformity with
the provisions of the Charter of the United Nations.
PART II
Article 2
(1) Each State Party to the present Covenant undertakes to take steps,
individually and through international assistance and cooperation, 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
in particular the adoption of legislative measures.
(2) The States Parties to the 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.
(3) 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
(1) 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 and
freedoms recognized herein, or at their limitation to a greater extent
than is provided for in the present Covenant.
(2) 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
(1) 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.
(2) 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 safe-guarding fundamental
political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone
to the enjoyment of just and favourable conditions of work which ensure,
in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) 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;
(ii) A decent living for themselves and their families in accordance
with the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) 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;
(d) Rest, leisure and reasonable limitation of working hours and periodic
holidays with pay, as well as remuneration for public holidays.
Article 8
(1) The States Parties to the present Covenant undertake to ensure:
(a) 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;
(b) The right of trade unions to establish national federations or
confederations and the right of the latter to form or join international
trade-union organizations;
(c) 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;
(d) The right to strike, provided that it is exercised in conformity
with the laws of the particular country.
(2) 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.
(3) 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 that 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:
(1) 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.
(2) 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.
(3) Special measures of protection and assistance should be taken on
behalf of all children and young persons without 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
(1) The States Parties to the 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 realization of this right, recognizing to this effect
the essential importance of international cooperation based on free
consent.
(2) The States Parties to the 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:
(a) 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;
(b) Taking into account the problems of both food-importing and food-exporting
countries, to ensure the equitable distribution of world food supplies
in relation to need.
Article 12
(1) 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.
(2) 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:
(a) The provision for the reduction of the stillbirth-rate and of
infant mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial
hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational
and other diseases;
(d) The creation of conditions which would assure to all medical
service and medical attention in the event of sickness.
Article 13
(1) 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.
(2) The States Parties to the present Covenant recognize that, with
a view to achieving the full realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical
and vocational secondary education, shall be made generally available
and accessible to all by every appropriate means, and in particular
by the progressive introduction of free education;
(c) Higher education shall be make equally accessible to all, on
the basis of capacity, by every appropriate means, and in particular
by the progressive introduction of free education;
(d) 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;
(e) 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.
(3) 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.
(4) 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 or
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
(1) The States Parties to the present Covenant recognize the right
of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) 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.
(2) 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 diffusion of science and culture.
(3) The States Parties to the present Covenant undertake to respect
the freedom indispensable for scientific research and creative activity.
(4) 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
(1) 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.
(2)
(a) All reports shall be submitted to the 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.
(b) 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
(1) 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.
(2) Reports may indicate factors and difficulties affecting the degree
of fulfillment of obligations under the present Covenant.
(3) 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 Convention 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
(1) 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 State which has been invited by the General Assembly of the
United Nations to become a party to the present Covenant.
(2) The present Covenant is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
(3) The present Covenant shall be open to accession by any State referred
to in Paragraph 1 of this article.
(4) Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
(5) 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 instrument of accession.
Article 27
(1) 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.
(2) For each State ratifying the present Covenant or acceding to it
after 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
(1) 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 amendment 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.
(2) 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.
(3) 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:
(a) Signatures, ratifications and accessions under Article 26;
(b) The date of the entry into force of the present Covenant under
article 27 and the date of entry into force of any amendments under
article 29.
Article 31
(1) 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.
(2) The Secretary-General of the United Nations shall transmit certified
copies of the present Covenant to all States referred to in article
26.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
Adopted & opened for signature, ratification and accession by General
Assembly resolution 2200 A (XXI) of 16 Dec 1966. Entry into force 23
March 1976 in accordance with article 49.
PREAMBLE
THE STATES PARTIES TO THE PRESENT COVENANT,
CONSIDERING that, in accordance with the principles proclaimed in theCharter
of the United Nations, recognition of the inherent dignity and ofthe
equal and inalienable rights of all members of the human family is thefoundation
of freedom, justice and peace in the world,
RECOGNIZING that these rights derive from the inherent dignity of the
humanperson,
RECOGNIZING that, in accordance with the Universal Declaration of HumanRights,
the ideal of free human beings enjoying civil and political freedomand
freedom from fear and want can only be achieved if conditions arecreated
whereby everyone may enjoy his civil and political rights, as wellas
his economic, social and cultural rights,
CONSIDERING the obligation of States under the Charter of the UnitedNations
to promote universal respect for, and observance of, human rightsand
freedoms,
REALIZING that the individual, having duties to other individuals and
thecommunity to which he belongs, is under a responsibility to strive
for thepromotion and observance of the rights recognized in the present
Covenant,
AGREE upon the following articles:
PART I
Article 1
(1) All peoples have the right of self-determination. By virtue of
thatright they freely determine their political status and freely pursue
theireconomic, social and cultural development.
(2) All peoples may, for their own ends, freely dispose of their naturalwealth
and resources without prejudice to any obligations arising out ofinternational
economic co-operation, based upon the principle of mutualbenefit, and
international law. In no case may a people be deprived of itsown means
of subsistence.
(3) The States Parties to the present Covenant, including those havingresponsibility
of the administration of Non- Self-Governing and TrustTerritories, shall
promote the realization of the right of self-determination, and shall
respect that right, in conformity with theprovisions of the Charter
of the United Nations.
PART II
Article 2
(1) Each State Party to the present Covenant undertakes to respect
and toensure to all individuals within its territory and subject to
itsjurisdiction the rights recognized in the present Covenant, withoutdistinction
of any kind, such as race, colour, sex, language, religion,political
or other opinion, national or social origin, birth or otherstatus.
(2) Where not already provided for by existing legislative or othermeasures,
each State Party to the Present Covenant undertakes to take thenecessary
steps, in accordance with its constitutional processes and withthe provisions
of the present Covenant, to adopt such legislative or othermeasures
as may be necessary to give effect to the rights recognized in thepresent
Covenant.
(3) Each State Party to the Present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation may have been committed by persons acting in an
official capacity;
(b) To ensure that any person claiming such a remedy shall have his
right thereto determined by competent judicial, administrative or
legislative authorities, or by any other competent authority provided
for by the legal system of the State, and to develop the possibilities
f judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies
when granted.
Article 3
The States Parties to the Present Covenant undertake to ensure the
equalrights of men and women to the enjoyment of all civil and political
rightsset forth in the present Covenant.
Article 4
(1) In time of public emergency which threatens the life of the nation
andthe existence of which is officially proclaimed, the States Parties
to thepresent Covenant may take measures derogating from their obligations
underthe present Covenant to the extent strictly required by the exigencies
ofthe situation, provided that such measures are not inconsistent with
theirother obligations under international law and do not involve discriminationsolely
on the ground of race, colour, sex, language, religion or socialorigin.
(2) No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15,
16and 18 may be made under this provision.
(3) Any State Party to the Present Covenant availing itself to the
right ofderogation shall immediately inform the other States Parties
to the PresentCovenant, through the intermediary of the Secretary-General
of the UnitedNations, of the provisions from which it has derogated
and of the reasonsby which it was actuated. A further communication
shall be made, throughthe same intermediary, on the date on which it
terminates such derogation.
Article 5
(1) Nothing in the present Covenant may be interpreted as implying
for anyState, group or person any right to engage in any activity or
perform anyact aimed at the destruction of any of the rights and freedoms
recognizedherein or at their limitation to a greater extent than is
provided for inthe present Covenant.
(2) There shall be no restriction upon or derogation from any of thefundamental
human rights recognized or existing in any State Party to thePresent
Covenant pursuant to law, conventions, regulations or custom on thepretext
that the present Covenant does not recognize such rights or that itrecognizes
them to a lesser extent.
PART III
Article 6
(1) Every human being has the inherent right to life. This right shall
beprotected by law. No one shall be arbitrarily deprived of his life.
(2) In countries which have not abolished the death penalty, sentence
ofdeath may only be imposed for the most serious crimes in accordance
withthe law in force at the time of the commission of the crime and
notcontrary to the provisions of the present Covenant and to the Convention
onthe Prevention and Punishment of the Crime of Genocide. This penalty
canonly be carried out pursuant to a final judgement rendered by a competentcourt.
(3) When deprivation of life constitutes the crime of genocide, it
isunderstood that nothing in this article shall authorize any State
Party tothe Present Covenant to derogate in any way from any obligation
assumedunder the provisions of the Convention on the Prevention and
Punishment ofthe Crime of Genocide.
(4) Anyone sentenced to death shall have the right to seek pardon orcommutation
of the sentence. Amnesty, pardon or commutation of the sentenceof death
shall be granted in all cases.
(5) Sentence of death shall not be imposed for crimes committed by
personsbelow eighteen years of age and shall not be carried out on pregnant
women.
(6) Nothing in this article shall be invoked to delay or to prevent
theabolition of capital punishment by any State Party to the Present
Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhumane or degradingtreatment
or punishment. In particular, no one shall be subjected withouthis free
consent to medical or scientific experimentation.
Article 8
(1) No one shall be held in slavery; slavery and slave- trade in all
theirforms shall be prohibited.
(2) No one shall be held in servitude.
(3)
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3(a) shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to
such punishment by a competent court;
(i) Any work or service, not referred to in sub- paragraph (b),
normally required of a person who is under detention in consequence
of a lawful order of a court, or of a person during conditional
release from such detention;
(ii) Any service of a military character and, in countries where
conscientious objection is recognized, any national service required
by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening
the life or well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.
Article 9
(1) Everyone has the right to liberty and security of person. No one
shallbe subjected to arbitrary arrest or detention. No one shall be
deprived ofhis liberty except on such grounds and in accordance with
such procedure asare established by law.
(2) Anyone who is arrested shall be informed, at the time of arrest,
of thereasons for his arrest and shall be promptly informed of any chargesagainst
him.
(3) Anyone arrested or detained on a criminal charge shall be broughtpromptly
before a judge or other officer authorized by law to exercisejudicial
power and shall be entitled to trial within a reasonable time orto release.
It shall not be the general rule that persons awaiting trialshall be
detained in custody, but release may be subject to guarantees toappear
for trial, at any other stage of the judicial proceedings, and,should
occasion arise, for execution of the judgement.
(4) Anyone who is deprived of his liberty by arrest or detention shall
beentitled to take proceedings before a court, in order that that court
maydecide without delay on the lawfulness of his detention and order
hisrelease if the detention is not lawful.
(5) Anyone who has been the victim of unlawful arrest or detention
shallhave an enforceable right to compensation.
Article 10
(1) ll persons deprived of their liberty shall be treated with humanityand
with respect for the inherent dignity of the human person.
(2)
(a) Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought
as speedily as possible to adjudication.
(3) The penitentiary system shall comprise treatment of prisoners theessential
aim of which shall be their reformation and socialrehabilitation. Juvenile
offenders shall be segregated from adults andaccorded treatment appropriate
to their age and legal status.
Article 11
No one shall be imprisoned merely on the grounds of inability to fulfill
acontractual obligation.
Article 12
(1) Everyone lawfully within the territory of a State shall, within
thatterritory, have the right to liberty of movement and freedom to
choose hisresidence.
(2) Everyone shall be free to leave any country, including his own.
(3) The above-mentioned rights shall not be subject to any restrictionsexcept
those which are provided by law, are necessary to protect nationalsecurity,
public order (ordre public), public health or morals or therights and
freedoms of others, and are consistent with the other rightsrecognized
in the present Covenant.
(4) No one shall be arbitrarily deprived of the right to enter his
owncountry.
Article 13
An alien lawfully in the territory of a State Party to the Present
Covenantmay be expelled therefrom only in pursuance of a decision reached
inaccordance with the law and shall, except where compelling reasons
ofnational security otherwise require, be allowed to submit reasons
againsthis expulsion and to have his case reviewed by, and be represented
for thepurpose before, the competent authority or a person or persons
especiallydesignated by the competent authority.
Article 14
(1) All persons shall be equal before courts and tribunals. In thedetermination
of any criminal charge against him, or of his rights andobligations
in a suit of law, everyone shall be entitled to a fair andpublic hearing
by a competent, independent and impartial tribunalestablished by law.
The Press and public may be excluded from all or partof the trial for
reasons of morals, public order (ordre public) or nationalsecurity in
a democratic society, or when the interest of the private livesof the
parties so requires, or to the extent strictly necessary in theopinion
of the court in special circumstances where publicity wouldprejudice
the interests of justice; but any judgement rendered in acriminal case
or in a suit of law shall be made public except where theinterest of
juvenile persons otherwise requires or the proceedings concernmatrimonial
disputes or the guardianship of children.
(2) Everyone charged with a criminal offense shall have the right to
bepresumed innocent until proven guilty according to law.
(3) In the determination of any criminal charge against him, everyone
shallbe entitled to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his
defense and to communicate with a counsel of his own choosing;
(c) To be tried without undue delay;
(e) To examine, or have examined, the witnesses against him and to
obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand
or speak the language used in court;
(g) Not to be compelled to testify against himself or to confess
guilt.
(4) In the case of juvenile persons, the procedure shall be such as
willtake account of their age and the desirability of promoting theirrehabilitation.
(5) Everyone convicted of a crime shall have the right to his convictionand
sentence being reviewed by a higher tribunal according to law.
(6) When a person has by final decision been convicted of a criminaloffense
and when subsequently his conviction has been reversed or he hasbeen
pardoned on the ground that a new or newly discovered fact showsconclusively
that there has been a miscarriage of justice, the person whohas suffered
punishment as a result of such conviction shall be compensatedaccording
to law, unless it is proved that the non-disclosure of theunknown fact
is wholly or partially attributable to him.
(7) No one shall be liable to be tried or punished again for an offence
forwhich he has already been finally convicted or acquitted in accordance
withthe law and penal procedure of each country.
Article 15
(1) No one shall be held guilty of any criminal offence on account
of anyact or omission which did not constitute a criminal offence, under
nationalor international law, at the time when it was committed. Nor
shall aheavier penalty be imposed than the one that was applicable at
the timewhen the criminal offence was committed. If, subsequent to the
commissionof the offence, provision is made by law for the imposition
of a lighterpenalty, the offender shall benefit thereby.
(2) Nothing in this article hall prejudice the trial and punishment
of anyperson for any act or omission which, at the time when it was
committed,was criminal according to the general principles of law recognized
by thecommunity of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person
beforethe law.
Article 17
(1) No one shall be subjected to arbitrary or unlawful interference
withhis privacy, family, home or correspondence, nor to unlawful attacks
on hishonour and reputation.
(2) Everyone has the right to the protection of the law against suchinterference
or attacks.
Article 18
(1) Everyone shall have the right to freedom of thought, conscience
andreligion. This right shall include the freedom to have or adopt a
religionor belief of his choice, and freedom, either individually or
in communitywith others and in public or private, to manifest his religion
or belief inworship, observance, practice and teaching.
(2) No one shall be subject to coercion which would impair his freedom
tohave or adopt a religion or belief of his choice.
(3) Freedom to manifest one's religion or beliefs may be subject only
tosuch limitations as are prescribed by law and are necessary to protectpublic
safety, order, health, or morals or the fundamental rights andfreedoms
of others.
(4) The States Parties to the Present Covenant undertake to have respectfor
the liberty of parents and, when applicable, legal guardians to ensurethe
religious and moral education of their children in conformity withtheir
own convictions.
Article 19
(1) Everyone shall have the right to hold opinions without interference.
(2) Everyone shall have the right to freedom of expression; this rightshall
include freedom to seek, receive and impart information and ideas ofall
kinds, regardless of frontiers, either orally, in writing or in print,in
the form of art, or through any other media of his choice.
(3) The exercise of the rights provided for in paragraph 2 of this
articlecarries with it special duties and responsibilities. It may therefore
besubject to certain restrictions, but these shall be only as are provided
bylaw and are necessary:
(a) For respect of the rights of others;
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.
Article 20
(1) Any propaganda for war shall be prohibited by law.
(2) The advocacy of national, racial or religious hatred that constitutesincitement
to discrimination, hostility or violence shall be prohibited bylaw.
Article 21
The right of peaceful assembly shall be recognized. No restrictions
may beplaced on the exercise of this right other than those imposed
in conformitywith the law and which are necessary in a democratic society
in theinterests of national security or public safety, public order
(ordrepublic), the protection of public health or morals or the protection
of therights and freedoms of others.
Article 22
(1) Everyone shall have the right to freedom of association with others,including
the right to form and join trade unions for the protection of hisinterests.
(2) No restrictions may be placed on the exercise of this right other
thenthose which are prescribed by law and which are necessary in a democraticsociety
in the interests of national security or public safety, publicorder
(ordre public), the protection of public health or morals or theprotection
of the rights and freedoms of others. This article shall notprevent
the imposition of lawful restrictions on members of the armedforces
and of the police in their exercise of this rights.
(3) Nothing in this article shall authorize States Parties to theInternational
Labour Organization Convention of 1948 concerning Freedom ofAssociation
and Protection of the Right to Organize to take legislativemeasures
which would prejudice, or to apply the law in such a manner as toprejudice,
the guarantees provided for in that Convention.
Article 23
(1) The family is the natural and fundamental group unit of society
and isentitled to protection by society and the State.
(2) The right of men and women of marriageable age to marry and to
found afamily shall be recognized.
(3) No marriage shall be entered into without the free and full consent
ofthe intending spouses.
(4) States Parties to the Present Covenant shall take appropriate steps
toensure equality of rights and responsibilities of spouses as to marriage,during
marriage and at its dissolution. In the case of dissolution,provision
shall be made for the necessary protection of the children.
Article 24
(1) Every child shall have, without discrimination as to race, colour,
sex,language, religion, national or social origin, property or birth,
the rightto such measures or protection as are required by his status
as a minor, onthe part of his family, society and the state.
(2) Every child shall be registered immediately after birth and shall
havea name.
(3) Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any
if thedistinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or throughfreely
chosen representatives;
(b) To vote and to be elected at genuine periodic elections which
shall beby universal and equal suffrage and shall be held by secret
ballot,guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service
in hiscountry. Article 26
All persons are equal before the law and are entitled without anydiscrimination
to the equal protection of the law. In this respect, the lawshall prohibit
any discrimination and guarantee to all persons equal andeffective protection
against discrimination on any ground such as race,colour, sex, language,
religion, political or other opinion, national orsocial origin, property,
birth or other status.
Article 27
In those States in which ethnic, religious or linguistic
minorities exist,persons belonging to such minorities shall not be denied
the right, incommunity with other members of their group, to enjoy their
own culture, toprofess and practise their own religion, or to use their
own language.
PART IV
Article 28
(1) There shall be established a Human Rights Committee (hereafter
referredto in the present Covenant as the Committee). It shall consist
of eighteenmembers and shall carry out the functions hereinafter provided.
(2) The Committee shall be composed of nationals of the States Parties
tothe Present Covenant who shall be persons of high moral character
andrecognized competence in the field of human rights, consideration
beinggiven to the usefulness of the participation of some persons having
legalexperience.
(3) The members of the Committee shall be elected and serve in theirpersonal
capacity.
Article 29
(1) The members of the Committee shall be elected by secret ballot
from alist of persons possessing the qualifications prescribed in article
28 andnominated for the purpose by the States Parties to the Present
Covenant.
(2) Each State Party to the Present Covenant may nominate not more
than twopersons. These persons shall be nationals of the nominating
State.
(3) A person shall be eligible for renomination.
Article 30
(1) The initial election shall be held no later than six months after
thedate of entry into force of the present Covenant.
(2) At least four months before the date of each election to the Committee,other
than an election to fill a vacancy declared in accordance witharticle
34, the Secretary-General of the United Nations shall address awritten
invitation to the States Parties to the Present Covenant to submittheir
nominations for membership of the Committee within three months.
(3) The Secretary-General of the United Nations shall prepare a list
inalphabetical order of all the persons thus nominated, with an indication
ofthe States Parties which have nominated them, and shall submit it
to theStates Parties to the Present Covenant no later then one month
before thedate of each election.
(4) Elections of the members of the Committee shall be held at a meeting
ofthe States Parties to the Present Covenant convened by the Secretary-General
of the United Nations at the Headquarters of the United Nations. Atthat
meeting, for which two thirds of the States Parties to the PresentCovenant
shall constitute a quorum, the persons elected to the Committeeshall
be those nominees who obtain the largest number of votes and anabsolute
majority of the votes of the representatives of States Partiespresent
and voting.
Article 31
(1) The Committee may not include more than one national of the same
State.
(2) In the election of the Committee, consideration shall be given
toequitable geographical distribution of membership and to the representationof
the different forms of civilizations and of the principal legal systems.
Article 32
(1) The members of the Committee shall be elected for a term of four
years.They shall be eligible for re- election if renominated. However,
the termsof nine of the members elected at the first election shall
expire at theend of two years;immediately after the first election,
the names of thesenine members shall be chosen by lot by the Chairman
of the meeting referred to in article 30, paragraph 4.
(2) Elections at the expiry of office shall be held in accordance with
thepreceeding articles of this part of the present Covenant.
Article 33
(1) If, in the unanimous opinion of the other members of the Committee,
amember of the Committee has ceased to carry out his functions for any
causeother than absence of a temporary character, the Chairman of the
Committeeshall notify the Secretary-General of the United Nations, who
shall declarethe seat of that member to be vacant.
(2) In the event of the death or the resignation of a member of theCommittee,
the Chairman shall immediately notify the Secretary-General ofthe United
Nations, who shall declare the seat vacant from the date ofdeath or
the date on which the resignation takes effect.
Article 34
(1) When a vacancy is declared in accordance with article 33 and if
theterm of office of the member to be replaced does not expire within
sixmonths of the declaration of the vacancy, the Secretary-General of
theUnited Nations shall notify each of the States Parties to the PresentCovenant,
which may within two months submit nominations in accordance witharticle
29 for the purpose of filling the vacancy.
(2) The Secretary-General of the United Nations shall prepare a list
inalphabetical order of the persons thus nominated and shall submit
it to theStates Parties to the Present Covenant. The election to fill
the vacancyshall then take place in accordance with the relevant provisions
of thispart of the present Covenant.
(3) A member of the Committee elected to fill a vacancy declared inaccordance
with article 33 shall hold office for the remainder of the termof the
members who vacated the seat on the Committee under the provisionsof
that article.
Article 35
The members of the Committee shall, with the approval of the GeneralAssembly
of the United Nations, receive emoluments from United Nationsresources
on such terms and conditions as the General Assembly may decide,having
regard to the importance of the Committee's responsibility.
Article 36
The Secretary-General of the United Nations shall provide the necessarystaff
and facilities for the effective performance of the functions of theCommittee
under the present Covenant.
Article 37
(1) The Secretary-General of the United Nations shall convene the initialmeeting
of the Committee at the Headquarters of the United Nations.
(2) After its initial meeting, the Committee shall meet at such times
asshall be provided by its rules of procedure.
(3) The Committee shall normally meet at the Headquarters of the UnitedNations
or at the United Nations office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties, make
asolemn declaration in open committee that he will perform his functionsimpartially
and conscientiously.
Article 39
(1) The Committee shall elect its officers for a term of two years.
Theymay be re-elected.
(2) The Committee shall establish its own rules of procedure, but theserules
shall provide, inter alia, that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of
the members present.
Article 40
(1) The States Parties to the Present Covenant undertake to submit
reportson the measures they have adopted which give effect to the rightsrecognized
herein and on the progress made in the enjoyment of thoserights:
(a) Within one year of the entry into force of the present Covenant
for the States Parties concerned;
(b) Thereafter whenever the Committee so requests.
(2) All reports shall be submitted to the Secretary- General of the
UnitedNations, who shall transmit them to the Committee for consideration.Reports
shall indicate the factors and difficulties, if any, affecting theimplementation
of the present Covenant.
(3) The Secretary-General of the United Nations may, after consultationwith
the Committee, transmit to the specialized agencies concerned copiesof
such parts of the reports as may fall within their field of competence.
(4) The Committee shall study the reports submitted by the States Partiesto
the Present Covenant. It shall transmit its reports, and such generalcomments
as it may consider appropriate, to the States Parties. TheCommittee
may also transmit to the Economic and Social Council thesecomments along
with the copies of the reports it has received from StatesParties to
the present Covenant.
(5) The States Parties to the Present Covenant may submit to the Committeeobservations
on any comments that may be made in accordance with paragraph4 of this
article.
Article 41
(1) A State Party to the Present Covenant may at any time declare underthis
article that it recognizes the competence of the Committee to receiveand
consider communications to the effect that a State Party claims thatanother
State Party is not fulfilling its obligations under the presentCovenant.
Communications under this article may be received and consideredonly
if submitted by a State Party which has made a declaration recognizingin
regard to itself the competence of the Committee. No communication shallbe
received by the Committee if it concerns a State Party which has notmade
such a declaration. Communications received under this article shallbe
dealt with in accordance with the following procedure:
(a) If a State Party to the Present Covenant considers that another
State Party is not giving effect to the provisions of the present
covenant, it may, by written communication, bring the matter to the
attention of that State Party. Within three months after the receipt
of the communication, the receiving State shall afford the State which
sent the communication an explanation or any other statement in writing
clarifying the matter, which should include, to the extent possible
and pertinent, reference to domestic procedures and remedies taken,
pending, or available in the matter.
(b) If the matter is not adjusted to the satisfaction of both States
Parties concerned within six months after the receipt by the receiving
State of the initial communication, either State shall have the right
to refer the matter to the Committee, by notice given to the Committee
and to the other State.
(c) The Committee shall deal with a matter referred to it only after
it has ascertained that all available domestic remedies have been
invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the
rule where the application of the remedies is unreasonably prolonged.
(d) The Committee shall hold closed meetings when examining communications
under this article.
(e) Subject to the provisions of sub-paragraph (c), the Committee
shall make available its good offices to the States Parties concerned
with a view to a friendly solution to the matter on the basis of respect
for human rights and fundamental freedoms as recognized under this
article.
(f) In any matter referred to it, the Committee may call upon the
States Parties concerned, referred to in sub-paragraph (b), to supply
any relevant information.
(g) The States Parties concerned, referred to in sub- paragraph (b),
shall have the right to be represented when the matter is being considered
in the Committee and to make submissions orally and/or in writing.
(h) The Committee shall, within twelve months after the date of receipt
of the notice under sub-paragraph (b), submit a report:
(i) If a solution within the terms of sub- paragraph (e) is reached,
the Committee shall confine its report to a brief statement of the
facts and the solution reached;
(ii) If a solution within the terms of sub-paragraph (e) is not
reached, the Committee shall confine its report to a brief statement
of the facts; the written submission and record of the oral submission
made by the States Parties concerned shall be attached to the report.
In every matter, the report shall be communicated to the States
Parties concerned.
(2) The provisions of this article shall come into force when ten StatesParties
to the Present Covenant have made declarations under paragraph 1 ofthis
article. Such declarations shall be deposited by the States Partieswith
the Secretary-General of the United Nations, who shall transmit copiesthereof
to the other States Parties. A declaration may be withdrawn at anytime
by notification to the Secretary-General. Such a withdrawal shall notprejudice
the consideration of any matter which is the subject of acommunication
already transmitted under the article; no furthercommunication by any
State Party shall be received after the notificationof withdrawal of
the declaration has been received by the Secretary-General, unless the
State Party has made a new declaration.
Article 42
(1)
(a) If a matter referred to the Committee in accordance with article
41 is not resolved to the satisfaction of the States Parties concerned,
the Committee may, with the prior consent of the States Parties concerned,
appoint an ad hoc Conciliation Commission (hereinafter referred to
as the Commission). The good offices of the Commission shall be made
available to the States Parties concerned with a view to an amicable
solution of the matter on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the
States Parties concerned. If the States Parties concerned fail to
reach agreement within three months on all or part of the composition
of the Commission, the members of the Commission concerning whom no
agreement has been reached shall be elected by secret ballot by a
two-thirds majority vote of the Committee from among its members.
(2) The members of the Commission shall serve in their personal capacity.They
shall not be nationals of the States Parties concerned, or of a Statenot
party to he present Covenant, or of a State Party which has not made
adeclaration under article 41.
(3) The Commission shall elect its own Chairman and adopt its own rules
ofprocedure.
(4) The meetings of the Commission shall normally be held at theHeadquarters
of the United Nations or at the United Nations Office atGeneva. However,
they may be held at such other convenient places as theCommission may
determine in consultation with the Secretary-General of theUnited Nations
and the States Parties concerned.
(5) The secretariat provided in accordance with article 36 shall alsoservice
the Commission appointed under this article.
(6) The information received and collated by the Committee shall be
madeavailable to the Commission and the Commission may call upon the
StatesParties concerned to supply any other relevant information.
(7) When the Commission has fully considered the matter, but in any
eventnot later then twelve months after having been seized of the matter,
itshall submit to the Chairman of the Committee a report for communication
tothe States Parties concerned:
(a) If the Commission is unable to complete its consideration of
the matter within twelve months, it shall confine its report to a
brief statement of the status of its consideration of the matter;
(b) If an amicable solution to the matter on the basis of respect
for human rights as ecognized in the present Covenant is reached,
the Commission shall confine its report to a brief statement of the
facts and of the solution reached;
(c) If a solution within the terms of sub-paragraph (b) is not reached,
the Commission's report shall embody its findings on all questions
of fact relevant to the issues between the States Parties concerned,
and its views on the possibilities of an amicable solution of the
matter. This report shall also contain the written submissions and
a record of the oral submission made by the States Parties concerned;
(d) If the Commission's report is submitted under sub-paragraph (c),
the States Parties concerned shall, within three months of the receipt
of the report, notify the Chairman of the Committee whether or not
they accept the contents of the report of the Commission.
(8) The provisions of this article are without prejudice to theresponsibilities
of the Committee under article 41.
(9) The States Parties concerned shall share equally all the expenses
ofthe members of the Commission in accordance with estimates to be providedby
the Secretary- General of the United Nations.
(10) The Secretary-General of the United Nations shall be empowered
to paythe expenses of the members of the Commission, if necessary, beforereimbursement
by the States Parties concerned, in accordance with paragraph9 of this
article.
Article 43
The members of the Committee, and of the ad hoc conciliation commissionswhich
may be appointed under article 42, shall be entitled to thefacilities,
privileges and immunities of experts on mission for the UnitedNations
as laid down in the relevant sections of the Convention on thePrivileges
and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall
applywithout prejudice to the procedures prescribed in the field of
human rightsby or under the constituent instruments and conventions
of the UnitedNations and the specialized agencies and shall not prevent
the StatesParties to the present Covenant from having recourse to other
proceduresfor settling a dispute in accordance with general or special
internationalagreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United Nations,through
the Economic and Social Council, an annual report of itsactivities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing theprovisions
of the Charter of the United Nations and of the constitutions ofthe
specialized agencies which define the respective responsibilities ofthe
various organs of the United Nations and of the specialized agencies
inregard to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing theinherent
right of all peoples to enjoy and utilize fully and freely theirnatural
wealth and resources.
PART VI
Article 48
(1) The present Covenant is open for signature by any State Member
of theUnited Nations or member of any of its specialized agencies, by
any StateParty to the Statute of the International Court of Justice,
and by anyother State which has been invited by the General Assembly
of the Unitednations to become party to the present Covenant.
(2) The present Covenant is subject to ratification. Instruments ofratification
shall be deposited with the Secretary General of the UnitedNations.
(3) The present Covenant shall be open to accession by any State referredto
in paragraph 1 of this article.
(4) Accession shall be effected by the deposit of an instrument ofaccession
with the Secretary-General of the United Nations.
(5) The Secretary-General of the United Nations shall inform all Stateswhich
have signed this Covenant or acceded to it of the deposit of eachinstrument
of ratification or accession.
Article 49
(1) the present Covenant shall enter into force three months after
the dateof the deposit with the Secretary- General of the United Nations
of thethirty- fifth instrument of ratification or instrument of accession.
(2) For each State ratifying the present Covenant or acceding to it
afterthe deposit of the thirty-fifth instrument of ratification or instrument
ofaccession, the present Covenant shall enter into force three months
afterthe date of the deposit of its own instrument of ratification or
instrumentof accession.
Article 50
The Provisions of the present Covenant shall extend to all parts of
federalStates without any limitation or exceptions.
Article 51
(1) Any State Party to the present Covenant may propose an amendment
andfile it with the Secretary-General of the United Nations. TheSecretary-General
of the United Nations shall thereupon communicate anyproposed amendments
to the States Parties to the present Covenant with arequest that they
notify him whether they favour a conference of StatesParties for the
purpose of considering and voting upon the proposals. Inthe event that
at least one third of all States Parties favours such aconference, the
Secretary-General shall convene the conference under theauspices of
the United Nations. Any amendments adopted by a majority of theStates
Parties present and voting at the conference shall be submitted tothe
General Assembly of the United Nations for approval.
(2) Amendments shall come into force when they have been approved by
theGeneral Assembly of the United Nations and accepted by a two-thirdsmajority
of the States Parties to the present Covenant in accordance withtheir
respective constitutional processes.
(3) When amendments come into force, they shall be binding on those
StatesParties which have accepted them, other States Parties still being
bound bythe provisions of the present Covenant and earlier amendments
which theyhave accepted.
Article 52
Irrespective of the notifications made under article 48, paragraph
5, theSecretary-General of the United Nations shall inform all States
referred toin paragraph 1 of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under
article49 and the date of entry into force of any amendments under
article 51.
Article 53
(1) The present Covenant, of which the Chinese, English, French, Russianand
Spanish texts are equally authentic, shall be deposited in the archivesof
the United Nations.
(2) The Secretary-General of the United Nations shall transmit certifiedcopies
of the present Covenant to all 88States referred to in article 48.