Office of the United Nations High Commissioner for Human Rights
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. General
comment on its
implementation
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 General comment on its implementation
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.
General comment on its
implementation
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 General comment on its implementation
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 General
comment on its implementation
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 22General comment on its implementation
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.
© Copyright 1997
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland