International Covenant on Economic,
Social and Cultural Rights
G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16)
at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976.
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
All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their
economic, social and cultural development.
All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
international economic co-operation, based upon the principle of mutual
benefit, and international law. In no case may a people be deprived of its
own means of subsistence.
The States Parties to the present Covenant, including those having
responsibility for the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of
self-determination, and shall respect that right, in conformity with the
provisions of the Charter of the United Nations.
PART II
Article 2
Each State Party to the present Covenant undertakes to take steps,
individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available
resources, with a view to achieving progressively the full realization of
the rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.
The States Parties to 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.
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.
No restriction upon or derogation from any of the fundamental human rights
recognized or existing in any country in virtue of law, conventions,
regulations or custom shall be admitted on the pretext that the present
Covenant does not recognize such rights or that it recognizes them to a
lesser extent.
PART III
Article 6
The States Parties to the present Covenant recognize the right to work,
which includes the right of everyone to the opportunity to gain his living
by work which he freely chooses or accepts, and will take appropriate steps
to safeguard this right.
The steps to be taken by a State Party to the present Covenant to achieve
the full realization of this right shall include technical and vocational
guidance and training programmes, policies and techniques to achieve steady
economic, social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic freedoms to
the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone to
the enjoyment of just and favourable conditions of work which ensure, in
particular:
Remuneration which provides all workers, as a minimum, with:
Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed conditions
of work not inferior to those enjoyed by men, with equal pay for equal
work;
A decent living for themselves and their families in accordance with
the provisions of the present Covenant;
Safe and healthy working conditions;
Equal opportunity for everyone to be promoted in his employment to an
appropriate higher level, subject to no considerations other than those of
seniority and competence;
Rest, leisure and reasonable limitation of working hours and periodic
holidays with pay, as well as remuneration for public holidays
Article 8
The States Parties to the present Covenant undertake to ensure:
The right of everyone to form trade unions and join the trade union of
his choice, subject only to the rules of the organization concerned, for
the promotion and protection of his economic and social interests. No
restrictions may be placed on the exercise of this right other than
those prescribed by law and which are necessary in a democratic society
in the interests of national security or public order or for the
protection of the rights and freedoms of others;
The right of trade unions to establish national federations or
confederations and the right of the latter to form or join international
trade-union organizations;
The right of trade unions to function freely subject to no limitations
other than those prescribed by law and which are necessary in a
democratic society in the interests of national security or public order
or for the protection of the rights and freedoms of others;
The right to strike, provided that it is exercised in conformity with
the laws of the particular country.
This article shall not prevent the imposition of lawful restrictions on
the exercise of these rights by members of the armed forces or of the police
or of the administration of the State.
Nothing in this article shall authorize States Parties to the
International Labour 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:
The widest possible protection and assistance should be accorded to the
family, which is the natural and fundamental group unit of society,
particularly for its establishment and while it is responsible for the care
and education of dependent children. Marriage must be entered into with the
free consent of the intending spouses.
Special protection should be accorded to mothers during a reasonable
period before and after childbirth. During such period working mothers
should be accorded paid leave or leave with adequate social security
benefits.
Special measures of protection and assistance should be taken on behalf of
all children and young persons without any discrimination for reasons of
parentage or other conditions. Children and young persons should be
protected from economic and social exploitation. Their employment in work
harmful to their morals or health or dangerous to life or likely to hamper
their normal development should be punishable by law. States should also set
age limits below which the paid employment of child labour should be
prohibited and punishable by law.
Article 11
The States Parties to 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.
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:
To improve methods of production, conservation and distribution of
food by making full use of technical and scientific knowledge, by
disseminating knowledge of the principles of nutrition and by developing
or reforming agrarian systems in such a way as to achieve the most
efficient development and utilization of natural resources;
Taking into account the problems of both food-importing and
food-exporting countries, to ensure an equitable distribution of world
food supplies in relation to need.
Article 12
The States Parties to the present Covenant recognize the right of everyone
to the enjoyment of the highest attainable standard of physical and mental
health.
The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary
for:
The provision for the reduction of the stillbirth-rate and of infant
mortality and for the healthy development of the child;
The improvement of all aspects of environmental and industrial
hygiene;
The prevention, treatment and control of epidemic, endemic,
occupational and other diseases;
The creation of conditions which would assure to all medical service
and medical attention in the event of sickness.
Article 13
The States Parties to the present Covenant recognize the right of everyone
to education. They agree that education shall be directed to the full
development of the human personality and the sense of its dignity, and shall
strengthen the respect for human rights and fundamental freedoms. They
further agree that education shall enable all persons to participate
effectively in a free society, promote understanding, tolerance and
friendship among all nations and all racial, ethnic or religious groups, and
further the activities of the United Nations for the maintenance of peace.
The States Parties to the present Covenant recognize that, with a view to
achieving the full realization of this right:
Primary education shall be compulsory and available free to all;
Secondary education in its different forms, including technical and
vocational secondary education, shall be made generally available and
accessible to all by every appropriate means, and in particular by the
progressive introduction of free education;
Higher education shall be made equally accessible to all, on the basis
of capacity, by every appropriate means, and in particular by the
progressive introduction of free education;
Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the whole
period of their primary education;
The development of a system of schools at all levels shall be actively
pursued, an adequate fellowship system shall be established, and the
material conditions of teaching staff shall be continuously improved.
The States Parties to the present Covenant undertake to have respect for
the liberty of parents and, when applicable, legal guardians to choose for
their children schools, other than those established by the public
authorities, which conform to such minimum educational standards as may be
laid down or approved by the State and to ensure the religious and moral
education of their children in conformity with their own convictions.
No part of this article shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principles set forth
in paragraph 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
The States Parties to the present Covenant recognize the right of
everyone:
To take part in cultural life;
To enjoy the benefits of scientific progress and its applications;
To benefit from the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which
he is the author.
The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for
the conservation, the development and the diffusion of science and culture.
The States Parties to the present Covenant undertake to respect the
freedom indispensable for scientific research and creative activity.
The States Parties to the present Covenant recognize the benefits to be
derived from the encouragement and development of international contacts and
co-operation in the scientific and cultural fields.
PART IV
Article 16
The States Parties to the present Covenant undertake to submit in
conformity with this part of the Covenant reports on the measures which they
have adopted and the progress made in achieving the observance of the rights
recognized herein.
All reports shall be submitted to 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;
The Secretary-General of the United Nations shall also transmit to the
specialized agencies copies of the reports, or any relevant parts
therefrom, from States Parties to the present Covenant which are also
members of these specialized agencies in so far as these reports, or
parts therefrom, relate to any matters which fall within the
responsibilities of the said agencies in accordance with their
constitutional instruments.
Article 17
The States Parties to the present Covenant shall furnish their reports
in stages, in accordance with a programme to be established by the
Economic and Social Council within one year of the entry into force of the
present Covenant after consultation with the States Parties and the
specialized agencies concerned.
Reports may indicate factors and difficulties affecting the degree of
fulfilment of obligations under the present Covenant.
Where relevant information has previously been furnished to the United
Nations or to any specialized agency by any State Party to the present
Covenant, it will not be necessary to reproduce that information, but a
precise reference to the information so furnished will suffice.
Article 18
Pursuant to its responsibilities under the Charter of the United
Nations in the field of human rights and fundamental freedoms, the Economic and
Social Council may make arrangements with the specialized agencies in respect of
their reporting to it on the progress made in achieving the observance of the
provisions of the present Covenant falling within the scope of their activities.
These reports may include particulars of decisions and recommendations on such
implementation adopted by their competent organs.
Article 19
The Economic and Social Council may transmit to the Commission on Human
Rights for study and general recommendation or, as appropriate, for information
the reports concerning human rights submitted by States in accordance with
articles 16 and 17, and those concerning human rights submitted by the
specialized agencies in accordance with article 18.
Article 20
The States Parties to the present Covenant and the specialized agencies
concerned may submit comments to the Economic and Social Council on any general
recommendation under article 19 or reference to such general recommendation in
any report of the Commission on Human Rights or any documentation referred to
therein.
Article 21
The Economic and Social Council may submit from time to time to the General
Assembly reports with recommendations of a general nature and a summary of the
information received from the States Parties to the present Covenant and the
specialized agencies on the measures taken and the progress made in achieving
general observance of the rights recognized in the present Covenant.
Article 22
The Economic and Social Council may bring to the attention of other organs of
the United Nations, their subsidiary organs and specialized agencies concerned
with furnishing technical assistance any matters arising out of the reports
referred to in this part of the present Covenant which may assist such bodies in
deciding, each within its field of competence, on the advisability of
international measures likely to contribute to the effective progressive
implementation of the present Covenant.
Article 23
The States Parties to the present Covenant agree that international action
for the achievement of the rights recognized in the present Covenant includes
such methods as the conclusion of conventions, the adoption of recommendations,
the furnishing of technical assistance and the holding of regional meetings and
technical meetings for the purpose of consultation and study organized in
conjunction with the Governments concerned.
Article 24
Nothing in the present Covenant shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions of the
specialized agencies which define the respective responsibilities of the various
organs of the United Nations and of the specialized agencies in regard to the
matters dealt with in the present Covenant.
Article 25
Nothing in the present Covenant shall be interpreted as impairing the
inherent right of all peoples to enjoy and utilize fully and freely their
natural wealth and resources.
PART V
Article 26
The present Covenant is open for signature by any State Member of the
United Nations or member of any of its specialized agencies, by any State
Party to the Statute of the International Court of Justice, and by any other
State which has been invited by the General Assembly of the United Nations
to become a party to the present Covenant.
The present Covenant is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
The present Covenant shall be open to accession by any State referred to
in paragraph 1 of this article.
Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
The Secretary-General of the United Nations shall inform all States which
have signed the present Covenant or acceded to it of the deposit of each
instrument of ratification or accession.
Article 27
The present Covenant shall enter into force three months after the date of
the deposit with the Secretary-General of the United Nations of the
thirty-fifth instrument of ratification or instrument of accession.
For each State ratifying the present Covenant or acceding to it after the
deposit of the thirty-fifth instrument of ratification or instrument of
accession, the present Covenant shall enter into force three months after
the date of the deposit of its own instrument of ratification or instrument
of accession.
Article 28
The provisions of the present Covenant shall extend to all parts of federal
States without any limitations or exceptions.
Article 29
Any State Party to the present Covenant may propose an amendment and file
it with the Secretary-General of the United Nations. The Secretary-General
shall thereupon communicate any proposed amendments to the States Parties to
the present Covenant with a request that they notify him whether they favour
a conference of States Parties for the purpose of considering and voting
upon the proposals. In the event that at least one third of the States
Parties favours such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any amendment adopted
by a majority of the States Parties present and voting at the conference
shall be submitted to the General Assembly of the United Nations for
approval.
Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority
of the States Parties to the present Covenant in accordance with their
respective constitutional processes.
When amendments come into force they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by
the provisions of the present Covenant and any earlier amendment which they
have accepted.
Article 30
Irrespective of the notifications made under article 26, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to in
paragraph I of the same article of the following particulars:
Signatures, ratifications and accessions under article 26;
The date of the entry into force of the present Covenant under article 27
and the date of the entry into force of any amendments under article 29.
Article 31
The present Covenant, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of
the United Nations.
The Secretary-General of the United Nations shall transmit certified
copies of the present Covenant to all States referred to in article 26.
