| 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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