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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
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: ic, 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;
2. (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
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
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.
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