IV.13
UN: Economic, Social and Cultural Rights
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.
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