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 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
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 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.
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 of
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 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.
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.
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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 or 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 safeguarding 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 Organisation 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.
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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 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
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
co-operation 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 an 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 made 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. |
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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 I 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 the 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 III
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. |
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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 fulfilment 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. |
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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
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 other 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 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 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. |
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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 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.
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 I 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 the 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. |
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