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INTERNATIONAL COVENANT ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
Adopted by General Assembly res 2200 A (XXI) of 16 December 1966
Entry into force 3 January 1976 in accordance with article 17
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 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 people 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
to 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 cooperation, 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 in particular
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
and 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 safe-guarding 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 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 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 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
cooperation 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 the 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 make 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:
(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 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
fulfillment 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 Convention 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 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 instrument of 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 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 amendment 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
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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