International Covenant on Economic,
Social
and Cultural Rights
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Adopted
and opened for signature,
ratification and accession by
General Assembly resolution
2200A (XXI) of 16 December 1966
Entry into force 3 January 1976
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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
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-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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