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.