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tional 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 pre-
scribed by law and which are necessary in a demo-
cratic 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 exer-
cised 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 Convention of
1948 on Freedom of Association and Protection of
the Rights 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 recog-
nize the right of everyone to social security includ-
ing social insurance.

Article 10
The States Parties to the present Covenant recog-
nize that:

1. The widest possible protection and assistance
should be accorded to the family, which is the nat-
ural and fundamental group unit of society, particu-
larly 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 child-
birth. 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 pun-



108



DEPARTMENT OF STATE BULLETIN



ishable 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, includ-
ing 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-opera-
tion 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, in-
cluding specific programmes, which are needed:

(a) To improve methods of production, consei-va-
tion and distribution of food by making full use of
technical and scientific knowledge, by disseminating
knowledge of the principles of nutrition and by de-
veloping or refoiTning agrarian systems in such a
way as to achieve the most efficient development and
utilization of natural resources ; and

(b) Take 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 still-
birth-rate and of infant mortality and for the
healthy development of the child ;

(b) The improvement of all aspects of environ-
mental and industrial hygiene ;

(c) The prevention, treatment and control of epi-
demic, 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 fur-
ther agree that education shall enable all persons to
participate efltectively in a free society, promote un-
derstanding, 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 educa-
tion, 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 ac-
cessible to all, on the basis of capacity, by every
appropriate means, and in particular by the pro-
gressive 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 fellow-
ship system shall be established, and the material
conditions of teaching staff shall be continuously im-
proved.

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 institu-
tions, subject always to the observance of the prin-
ciples set forth in paragraph 1 and to the require-
ment that the education given in such institutions
shall conform to such minimum standards as may
be laid down by the State.

Article H

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 ter-
ritories 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 :



JANUARY 16, 1967



109



(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 encour-
agement 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 confoiTnity 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 Secre-
tary-General of the United Nations who shall trans-
mit 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 constitu-
tional instniments.

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 Eco-
nomic and Social Council within one year of the
entry into force of the present Covenant after con-
sultation with the States Parties and the specialized
agencies concerned.

2. Reports may indicate factors and difiicultios
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 special-
ized ageticy by any State Party to the i)resent Co\-
enant it will not be necessary to reproduce that
infoi-mation but a precise reference to the informa-
tion so furnished will .suffice.



Article 18
Pur.suant to its re.sponsibilities under the Charter
in the field of human rights and fundamental free-
doms, the Economic and Social Council may make
arrangements with the specialized agencies in re-
spect 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 implementa-
tion 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 infor-
mation the reports concerning human rights sub-
mitted by States in accordance with articles 16 and
17, and those concerning human rights submitted by
the specialized agencies in accordance with arti-
cle 18.

Article 20
The States Parties to the present Covenant and
the specialized agencies concerned may submit com-
ments to the Economic and Social Council on any
general recommendation under article 19 or ref-
erence to such general recommendation in any report
of the Commission 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 spe-
cialized 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 con-
cerned 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 com-
petence, on the advisability of international meas-
ures 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 i-ecommendalions, the furnishing of tech-
nical assistance and the holding of regional meetings
and technical meetings for the purpose of consulta-



110



DEPARTMENT OF STATE BILLETIN



tion and study organized in conjunction with the
Governments concerned.

Article 3i
Nothing in the present Covenant shall be inter-
preted 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 inter-
preted 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 Na-
tions 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 infoi-m all States which have signed the pres-
ent 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 in-
strument of ratification or instrument of accession.

Article 28
The provisions of the present Covenant shall ex-
tend to all parts of federal States without any limi-
tations 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-Gen-
eral of the United Nations shall thereupon commu-
nicate 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 proposal. In the event that at least
one third of the States Parties favours such a con-
ference the Secretary-General of the United Nations
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 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 ac-
cepted them, other States Parties being still bound
by the provisions of the present Covenant and any
earlier amendment which they have accepted.

Article 30
Irrespective of the notifications made under arti-
cle 26, paragraph 5, the Secretary-General of the
United Nations shall infoiTn all States referred to
in paragraph 1 of the same article of the following
particulars :

(a) Signatures, ratifications and accessions under
article 26;

(b) The date of the entry into force of the present
Covenant under article 27 and the date of the entry
into force of any amendments under article 29.

Article 31

1. The present Covenant, of which the Chinese,
English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives
of the United Nations.

2. The Secretary-General of the United Nations
shall transmit certified copies of the present Cove-
nant to all States referred to in article 26.

International Covenant on Civil
and Political Rights

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,



JANUARY 16, 1967



111



Recognizing that, in accordance with the Univer-
sal Declaration of Human Rights, the ideal of free
human beings enjoying civil and political freedom
and freedom from fear and want can only be
achieved if conditions are created whereby everyone
may enjoy his civil and political rights, as well as
his economic, social and cultural 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 the right they freely determine their
political status and freely pursue their economic,
social and cultural development.

2. All peoples may, for their ovm ends, freely
dispose of their natural wealth and resources with-
out prejudice to any obligations arising out of inter-
national economic co-operation, based upon the prin-
ciple 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, in-
cluding those having responsibility for the adminis-
tration of Non-Self-Goveraing and Trust Territories,
shall promote the realization of the right of self-
determination, and shall respect that right, in con-
formity with the provisions of the United Nations
Charter.

Part II

Article 2

1. Each State Party to the present Covenant un-
dertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction
the rights recognized in the present Covenant, with-
out distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, na-
tional or social origin, property, birth or other sta-
tus.

2. Where not already provided for by existing
legislative or other measures, each State Party to
the present Covenant undertakes to take the neces-
sary steps, in accordance with its constitutional
processes and with the provisions of the present
Covenant, to adopt such legislative or other meas-
ures as may be necessary to give effect to the rights
recognized in the present Covenant.

3. Each State Party to the present Covenant un-
dertakes:



(a) To ensure that any person whose rights or
freedoms as herein recognized are violated shall
have an effective remedy notwithstanding that the
violation has been committed by persons acting in an
official capacity ;

(b) To ensure that any person claiming such a
remedy shall have his right thereto determined by
competent judicial, administrative or legislative au-
thorities, or by any other competent authority pro-
vided for by the legal system of the State, and to
develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall
enforce such remedies when granted.

Article 3
The States Parties to the present Covenant under-
take to ensure the equal right of men and women
to the enjoyment of all civil and political rights set
forth in the present Covenant.

Article i

1. In time of public emergency which threatens
the life of the nation and the existence of which is
officially proclaimed, the States Parties to the pres-
ent Covenant may take measures derogating from
their obligations under the present Covenant to the
extent strictly required by the exigencies of the situ-
ation, provided that such measures are not incon-
sistent with their other obligations under interna-
tional law and do not involve discrimination solely
on the ground of race, colour, sex, language, religion
or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs
1 and 2), 11, 15, 16 and 18 may be made under this
provision.

3. Any State Party to the present Covenant avail-
ing itself of the right of derogation shall inform
immediately the other States Parties to the present
Covenant, through the intermediary of the Secre-
tary-General of the United Nations of the provisions
from which it has derogated and of the reasons by
which it was actuated. A further communication
shall be made, through the same intermediary, on
the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be inter-
preted as implying for any State, group or person
any right to engage in any activity or perform any
act aimed at the destruction of any of the rights
and freedoms recognized herein or at their limitation
to a greater extent than is provided for in the pres-
ent Covenant.

2. There shall be no restriction upon or deroga-
tion from any of the fundamental human rights
recognized or existing in any State Party to the
present Covenant pursuant to law, conventions, regu-
lations or custom on the pretext that the present
Covenant does not recognize such rights or that it
recognizes them to a lesser extent.



112



DEPARTMENT OF STATE BULLETIN



Part III
Article 6

1. Every human being has the inherent right to
life. This right shall be protected by law. No one
shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death
penalty, sentence of death may be imposed only for
the most serious crimes in accordance with law in
force at the time of the commission of the crime and
not contrary to the provisions of the present Cove-
nant and to the Convention on the Prevention and
Punishment of the Crime of Genocide. This penalty
can only be carried out pursuant to a final judge-
ment rendered by a competent court.

3. When deprivation of life constitutes the crime
of genocide, it is understood that nothing in this
article shall authorize any State Party to the pres-
ent Covenant to derogate in any way from any obli-
gation assumed under the provisions of the Conven-
tion on the Prevention and Punishment of the Crime
of Genocide.

4. Anyone sentenced to death shall have the right
to seek pardon or commutation of the sentence.
Amnesty, pardon or commutation of the sentence
of death may be granted in all cases.

5. Sentence of death shall not be imposed for
crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant
women.

6. Nothing in this article shall be invoked to delay
or to prevent the abolition of capital punishment by
any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel,

inhuman or degrading treatment or punishment. In

particular, no one shall be subjected without his

free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and
the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3. (a) No one shall be required to perform forced
or compulsory labour ;

(b) The preceding sub-paragraph shall not be
held to preclude in countries where imprisonment
with hard labour may be imposed as a punishment
for a crime, the performance of hard labour in pur-



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 56, Jan- Mar 1967) → online text (page 25 of 90)