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INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
ADOPTED AND OPENED FOR SIGNATURE, RATIFICATION AND ACCESSION BY
GENERAL ASSEMBLY
RESOLUTION 2200A (XXI) OF 16 DECEMBER 1966
ENTRY INTO FORCE 3 JANUARY 1976, IN ACCORDANCE
WITH ARTICLE 27
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.
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.
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.
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 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 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.
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.
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 26. |