The United Nations
INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
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 the members
of the human family is the foundation of freedom, justice and
peace in 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 my enjoy his economic, social and
cultural rights, as well as his civil and political rights and
freedom,
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
- 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.
- 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.
- 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
- 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.
- The States Parties to 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.
- 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
- 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 greater extent than is
provided for in the present Covenant.
- 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
- 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.
- 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 to the present Covenant recognize the right of
everyone to the enjoyment of just and favourable conditions of
work which ensure, in particular:
- Remuneration which provides all
workers, as a minimum, with:
- 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;
- A decent living for themselves and
their families in accordance with the provisions of the present
Covenant;
- Safe and healthy working
conditions;
- 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;
- Rest, leisure and reasonable
limitation of working hours and periodic holidays with pay, as
well as remuneration for public holidays.
Article 8
- The States Parties to the present
Covenant undertake to ensure:
- 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;
- The right of trade unions to
establish national federations of confederations and the right
of the latter to form or join international trade-union
organizations;
- 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;
- The right to strike, provided that
it is exercised in conformity with the laws of the particular
country.
- 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.
- Nothing in this article shall
authorize States Parties to the International Labour
Organization Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take
legislative measures which would prejudice, or apply the law in
such a manner as would prejudice, the guarantees provided for in
the 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:
- 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.
- 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.
- 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
- The States Parties to 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 international co-operation based on free
consent.
- The States Parties to 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:
- 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;
- 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
- 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.
- 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 provision for the reduction of
the stillbirth-rate and of infant mortality and for the healthy
development of the child;
- The improvement of all aspects of
environmental and industrial hygiene;
- The prevention, treatment and
control epidemic, endemic, occupational and other diseases;
- The creation of conditions which
would assure to all medical service and medical attention in the
event of sickness.
Article 13
- 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.
- The States Parties to the present
Covenant recognize that, with a view to achieving the full
realization of this right:
- Primary education shall be
compulsory and available free to all;
- Secondary education in its
different forms, including technical and vocational secondary
education, shall be made generally available and accessible to
all by ever appropriate means, and in particular by the
progressive introduction of free education;
- 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;
- 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;
- 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.
- 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.
- 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 of 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
- The States Parties to the present
covenant recognize the right of everyone:
- To take part in cultural life;
- To enjoy the benefits of
scientific progress and its applications';
- 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.
- 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.
- The States Parties to the present
Covenant undertake to respect the freedom indispensable for
scientific research and creative activity.
- 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
- 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.
-
- All reports shall be submitted to
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;
- 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
- 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.
- Reports may indicate factors and
difficulties affecting the degree of fulfillment of obligations
under the present Covenant.
- 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
- 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.
- The present Covenant is subject to
ratification. Instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
- The present Covenant shall be open
to accession by any State referred to in paragraph 1 of this
article.
- Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General
of the United Nations.
- 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
- 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.
- 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
- 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.
- 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.
- 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:
- Signatures, ratifications and
accessions under article 26;
- 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
- 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.
- The Secretary-General of the United
nations shall transmit certified copies of the present Covenant to
all States referred to in article 26.
(Signatures)
Created on July 7, 1994 / Last edited on January 27,
1997
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