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International Convention 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 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: ic, 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 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 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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