
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)