| Resolution 2200A (XXI)
THE GENERAL ASSEMBLY,
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.
|
