United States. Dept. of State. Office of Public Co.

Department of State bulletin (Volume v. 56, Jan- Mar 1967) online

. (page 26 of 90)
Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 56, Jan- Mar 1967) → online text (page 26 of 90)
Font size
QR-code for this ebook


suance of a sentence to such punishment by a com-
petent court;

(c) For the purpose of this paragraph the term
"forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in sub-
paragraph (b), normally required of a person who
is under detention in consequence of a lawful order
of a court, or of a person during conditional release
from such detention ;



(ii) Any service of a military character and, in
countries where conscientious objection is recognized,
any national service required by law of conscientious
objectors;

(iii) Any service exacted in cases of emergency or
calamity threatening the life or well-being of the
community ;

(iv) Any work or service which forms part of
normal civil obligations.

Article 9

1. Everyone has the right to liberty and security
of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his
liberty except on such grounds and in accordance
with such procedures as are established by law.

2. Anyone who is arrested shall be informed, at
the time of arrest, of the reasons for his arrest and
shall be promptly informed of any charges against
him.

3. Anyone arrested or detained on a criminal
charge shall be brought promptly before a judge or
other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reason-
able time or to release. It shall not be the general
rule that persons awaiting trial shall be detained in
custody, but release may be subject to guarantees
to appear for trial, at any other stage of the judicial
proceedings, and, should occasion arise, for execution
of the judgement.

4. Anyone who is deprived of his liberty by arrest
or detention shall be entitled to take proceedings
before a court, in order that such court may decide
without delay on the lawfulness of his detention and
order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful
arrest or detention shall have an enforceable right
to compensation.

Article 10

1. All persons deprived of their liberty shall be
treated with humanity and with respect for the
inherent dignity of the human person.

2. (a) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons,
and shall be subject to separate treatment appropri-
ate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated
from adults and brought as speedily as possible for
adjudication.

3. The penitentiary system shall comprise treat-
ment of prisoners the essential aim of which shall
be their reformation and social rehabilitation. Ju-
venile offenders shall be segregated from adults and
be accorded treatment appropriate to their age and
legal status.

Article 11
No one shall be imprisoned merely on the ground
of inability to fulfil a contractual obligation.



JANUARY 16, 1967



113



Article 12

1. Everyone lawfully within the territory of a
State shall, within that territory, have the right to
liberty of movement and freedom to choose his resi-
dence.

2. Everyone shall be free to leave any country,
including his own.

3. The above-mentioned rights shall not be subject
to any restrictions except those which are provided
by law, are necessary to protect national security,
public order ("ordre public"), public health or
morals or the rights and freedoms of others, and
are consistent with the other rights recognized in
the present Covenant.

4. No one shall be arbitrarily deprived of the
right to enter his own country.

Article 13
An alien lawfully in the territory of a State
Party to the present Covenant may be expelled
therefrom only in pursuance of a decision reached
in accordance with law and shall, except where
compelling reasons of national security otherwise
require, be allowed to submit the reasons against
his expulsion and to have his case reviewed by, and
be represented for the purpose before, the compe-
tent authority or a person or persons especially
designated by the competent authority.

Article H

1. All persons shall be equal before the courts and
tribunals. In the determination of any criminal
charge against him, or of his rights and obligations
in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and
impartial tribunal established by law. The Press and
the public may be excluded from all or part of a trial
for reasons of morals, public order ("ordre public")
or national security in a democratic society, or when
the interest of the private lives of the parties so re-
quires, or to the extent strictly necessary in the
opinion of the court in special circumstances where
publicity would prejudice the interests of justice;
but any judgement rendered in a criminal case or
in a .suit at law shall be made public except where
the interest of juveniles otherwise requires or the
proceedings concern matrimonial disputes or the
guardianship of children.

2. Everyone charged with a criminal offence shall
have the right to be presumed innocent until proved
guilty according to law.

3. In the determination of any criminal charge
against him, everyone shall be entitled to the follow-
ing minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a
language which he understands of the nature and
cause of the charge against him ;

(b) To have adequate time and facilities for the
preparation of his defence and to communicate with



counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend
himself in person or through legal assistance of his
own choosing; to be informed, if he does not have
legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the
interests of justice so require, and without payment
by him in any such case if he does not have sufficient
means to pay for it;

(e) To examine, or have examined, the witnesses
against him and to obtain the attendance and ex-
amination of witnesses on his behalf under the same
conditions as witnesses against him;

(f) To have the free assistance of an interpreter
if he cannot understand or speak the language used
in court;

(g) Not to be compelled to testify against himself,
or to confess guilt.

4. In the case of juveniles, the procedure shall be
such as will take account of their age and the de-
sirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the
right to his conviction and sentence being reviewed
by a higher tribunal according to law.

6. When a person has by a final decision been
convicted of a criminal offence and when subse-
quently his conviction has been reversed or he has
been pardoned on the ground that a new or newly
discovered fact shows conclusively that there has
been a miscarriage of justice, the person who has
suffered punishment as a result of such conviction
shall be compensated according to law, unless it is
proved that the non-disclosure of the unknown fact
in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished
again for an offence for which he has already been
finally convicted or acquitted in accordance vnth the
law and penal procedure of each country.

Article 15

1. No one shall be held guilty of any criminal
offence on account of any act or omission which did
not constitute a criminal offence, under national or
international law, at the time when it was commit-
ted. Nor shall a heavier penalty be imposed than the
one that was applicable at the time when the crimi-
nal offence was committed. If, subsequently to the
commission of the offence, provision is made by law
for the imposition of a lighter penalty, the offender
shall benefit thereby.

2. Nothing in this article shall prejudice the trial
and punishment of any person for any act or omis-
sion which, at the time when it was committed, was
criminal according to the general principles of law
recognized by the community of nations.

Article 16
Evei-yone shall have the right to recognition every-
where as a person before the law.



114



DEPARTMENT OF STATE BULLETIN



Article 17

1. No one shall be subjected to arbitrary or un-
lawful interference with his privacy, family, home
or correspondence, nor to unlawful attacks on his
honour and reputation.

2. Everyone has the right to the protection of the
law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of
thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or
belief of his choice, and freedom either individually
or in community with others and in public or pri-
vate, to manifest his religion or belief in worship,
observance, practice and teaching.

2. No one shall be subject to coercion which would
impair his freedom to have or to adopt a religion
or belief of his choice.

3. Freedom to manifest one's religion or beliefs
may be subject only to such limitations as are pre-
scribed by law and are necessary to protect public
safety, order, health, or morals or the fundamental
rights and freedoms of others.

4. The States Parties to the present Covenant
undertake to have respect for the liberty of par-
ents and, when applicable, legal guardians, to ensure
the religious and moral education of their children
in confoiinity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions
without interference.

2. Everyone shall have the right to freedom of
expression; this right shall include freedom to seek,
receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writ-
ing or in print, in the form of art, or through any
other media of his choice.

3. The exercise of the rights provided for in the
foregoing paragraph carries with it special duties
and responsibilities. It may therefore be subject to
certain restrictions, but these shall be such only as
are provided by law and are necessary, (1) for re-
spect of the rights or reputations of others, (2) for
the protection of national security or of public order
("ordre public"), or of public health or morals.

Article 20

1. Any pi'opaganda for war shall be prohibited by
law.

2. Any advocacy of national, racial, or religious
hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.

Article 21
The right of peaceful assembly shall be recog-
nized. No restrictions may be placed on the exercise
of this right other than those imposed in conformity
with the law and which are necessary in a demo-
cratic society in the interests of national security or



public safety, public order ("ordre public"), the pro-
tection of public health or morals or the protection
of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of
association with others, including the right to foiTn
and join trade unions for the protection of his
interests.

2. 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 safety, public
order ("ordre public"), the protection of public
health or morals or the protection of the rights and
freedoms of others. This article shall not prevent
the imposition of lawful re.strictions on members of
the anned forces and of the police in their exercise
of this right.

3. Nothing in this article shall authorize States
Parties to the International Labour Convention of
1948 on Freedom of Association and Protection of
the Right to Organise to take legislative measures
which would prejudice, or to apply the law in such
a manner as to prejudice, the guarantees provided
for in the Convention.

Article 23

1. The family is the natural and fundamental
group unit of society and is entitled to protection by
society and the State.

2. The right of men and women of marriageable
age to marry and to found a family shall be recog-
nized.

3. No marriage shall be entered into without the
free and full consent of the intending spouses.

4. States Parties to the present Covenant shall
take appropriate steps to ensure equality of rights
and responsibilities of spouses as to marriage, dur-
ing marriage and at its dissolution. In the case of
dissolution, provision shall be made for the neces-
sary protection of any children.

Article 2J^

1. Every child shall have, wthout any discrimina-
tion as to race, colour, sex, language, religion, na-
tional or social origin, property or birth, the right
to such measures of protection as required by his
status as a minor, on the part of his family, the
society and the State.

2. Every child shall be registered immediately
after birth and shall have a name.

3. Evei-y child has the right to acquire a na-
tionality.

Article 25
Every citizen shall have the right and the oppor-
tunity, without any of the distinctions mentioned in
article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs,



JANUARY 16, 1967



115



directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic
elections which shall be by universal and equal suf-
frage and shall be held by secret ballot, guarantee-
ing the free expression of the will of the electors;

(c) To have access, on general terms of equality,
to public service in his country.

Article S6
All persons are equal before the law and are en-
titled without any discrimination to equal protection
of the law. In this respect the law shall prohibit
any discrimination and guarantee to all persons
equal and effective protection against discrimination
on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social
origin, property, birth or other status.

Article 27
In those States in which ethnic, religious or lin-
guistic minorities exist, persons belonging to such
minorities shall not be denied the right, in com-
munity with the other members of their group, to
enjoy their own culture, to profess and practise
their own religion, or to use their own language.

Part IV

Article 28

1. There shall be established a Human Rights
Committee (hereafter referred to in the present
Covenant as "the Committee"). It shall consist of
eighteen members and shall carry out the functions
hereinafter provided.

2. The Committee shall be composed of nationals
of the States Parties to the present Covenant who
shall be persons of high moral character and recog-
nized competence in the field of human rights, con-
sideration being given to the usefulness of the par-
ticipation of some persons having legal experience.

3. The members of the Committee shall be elected
and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected
by secret ballot from a list of persons possessing the
qualifications prescribed in article 28 and nominated
for the purpose by the States Parties to the present
Covenant.

2. Each State Party to the present Covenant may
nominate not more than two persons. These persons
shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article SO

1. The initial election shall be held no later than
six months after the date of the entry into force of
the present Covenant.

2. At least four months before the date of each
election of the Committee, other than an election to
fill a vacancy declared in accordance with article 34,



the Secretary-General of the United Nations shall
address a written invitation to the States Parties to
the present Covenant to submit their nominations
for membership of the Committee within three
months.

3. The Secretary-General of the United Nations
shall prepare a list in alphabetical order of all the
persons thus nominated, with an indication of the
States Parties which have nominated them, and
shall submit it to the States Parties to the present
Covenant no later than one month before the date
of each election.

4. Elections of the members of the Committee
shall be held at a meeting of the States Parties to
the present Covenant convened by the Secretary-
General of the United Nations at the Headquarters
of the United Nations. At that meeting, for which
two thirds of the States Parties to the present Cove-
nant shall constitute a quorum, the persons elected
to the Committee shall be those nominees who obtain
the largest number of votes and an absolute major-
ity of the votes of the representatives of States
Parties present and voting.

Article 31

1. The Committee may not include more than one
national of the same State.

2. In the election of the Committee consideration
shall be given to equitable geographical distribution
of membership and to the representation of the dif-
ferent forms of civilization as well as of the princi-
pal legal systems.

Article 32

1. The members of the Committee shall be elected
for a term of four years. They shall be eligible for
re-election if renominated. However, the terms of
nine of the members elected at the first election
shall expire at the end of two years; immediately
after the first election the names of these nine mem-
bers shall be chosen by lot by the Chairman of the
meeting referred to in paragraph 4 of article 30.

2. Elections at the expiry of oflice shall be held
in accordance with the preceding articles of this
part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other mem-
bers, a member of the Committee has ceased to
carry out his functions for any cause other than
absence of a temporary character, the ChaiiTnan of
the Committee shall notify the Secretary-General of
the United Nations who shall then declare the seat
of that member to be vacant.

2. In the event of the death or the resignation of
a member of the Committee, the Chairman shall im-
mediately notify the Secretary-General of the United
Nations who shall declare the seat vacant from the
date of death or the date on which the resignation
takes effect.



116



DEPARTMENT OF STATE BULLETIN



Article Si

1. When a vacancy is declared in accordance with
article 33 and if the temi of office of the member to
be replaced does not expire within six months of the
declaration of the vacancy, the Secretary-General
of the United Nations shall notify each of the States
Parties to the present Covenant which may within
two months submit nominations in accordance with
article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations
shall prepare a list in alphabetical order of the per-
sons thus nominated and shall submit it to the
States Parties to the present Covenant. The election
to fill the vacancy shall then take place in accord-
ance with the relevant provisions of this part of the
present Covenant.

3. A member of the Committee elected to fill a
vacancy declared in accordance with article 33 shall
hold ofl^ce for the remainder of the term of the
member who vacated the seat on the Committee
under the provisions of that article.

Article 35

The members of the Committee shall, with the
approval of the General Assembly of the United
Nations, receive emoluments from United Nations
resources on such terms and conditions as the Gen-
eral Assembly may decide having regard to the
importance of the Committee's responsibilities.

Article 36
The Secretary-General of the United Nations shall
provide the necessary staff and facilities for the
eflFective perfonnance of the functions of the Com-
mittee under this Covenant.

Article 37

1. The Secretary-General of the United Nations
shall convene the initial meeting of the Committee at
the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall
meet at such times as shall be provided in its rules
of procedure.

3. The Committee shall normally meet at the
Headquarters of the United Nations or at the United
Nations Office at Geneva.

Article 38
Every member of the Committee shall, before tak-
ing up his duties, make a solemn declaration in open
committee that he will perform his functions im-
partially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term
of two years. They may be re-elected.

2. The Committee shall establish its own rules of
procedure, but these rules shall provide, inter alia,
that:

(a) Twelve members shall constitute a quorum;



(b) Decisions of the Committee shall be made by
a majoi-ity vote of the members present.

Article UO

1. The States Parties to the present Covenant
undertake to submit reports on the measures they
have adopted which give effect to the rights recog-
nized herein and on the progress made in the enjoy-
ment of those rights; (a) within one year of the
entry into force of the present Covenant for the
States Parties concerned and (b) thereafter when-
ever the Committee so requests.

2. All reports shall be submitted to the Secretary-
General of the United Nations who shall transmit
them to the Committee for consideration. Reports
shall indicate the factors and difficulties, if any,
affecting the implementation of the present Cove-
nant.

3. The Secretary-General of the United Nations
may after consultation with the Committee transmit
to the specialized agencies concerned copies of such
parts of the reports as may fall within their field of
competence.

4. The Committee shall study the reports submit-
ted by the States Parties to the present Covenant.
It shall transmit its reports and such general com-
ments as it may consider appropriate to the States
Parties. The Committee may also transmit to the
Economic and Social Council these comments along
with the copies of the reports it has received from
States Parties to the present Covenant.

5. The States Parties to the pi-esent Covenant may
submit to the Committee observations on any com-
nients that may be made in accordance with para-
graph 4 of this article.

Article Ul
1. A State Party to the present Covenant may at
any time declare under this article that it recognizes
the competence of the Committee to receive and
consider communications to the effect that a State
Party claims that another State Party is not ful-
filling its obligations under the present Covenant.
Communications under this article may be received
and considered only if submitted by a State Party
which has made a declaration recognizing in regard
to itself the competence of the Committee. No com-
munication shall be received by the Committee if it
concerns a State Party which has not made such a
declaration. Communications received under this ar-
ticle shall be dealt with in accordance with the
following procedure:

(a) If a State Party to the present Covenant con-
siders that another State Party is not giving effect
to the provisions of the present Covenant, it may,
by written communication, bring the matter to the
attention of that State Party. Within three months
after the receipt of the communication, the receiving
State shall afford the State which sent the commu-



JANUARY 16, 1967



117



nication an explanation or any other statement in
writing clarifying the matter, which should include,
to the extent possible and pertinent, reference to
domestic procedures and remedies taken, pending,
or available in the matter.

(b) If the matter is not adjusted to the satisfac-
tion of both States Parties concerned within six
months after the receipt by the receiving State of
the initial communication, either State shall have
the right to refer the matter to the Committee, by
notice given to the Committee and to the other
State.

(c) The Committee shall deal with a matter re-
ferred to it only after it has ascertained that all
available domestic remedies have been invoked and
exhausted in the matter, in conformity with the
generally recognized principles of international law.
This shall not be the rule where the application of
the remedies is unreasonably prolonged.

(d) The Committee shall hold closed meetings
when examining communications under this article.

(e) Subject to the provisions of sub-paragraph
(c), the Committee shall make available its good
offices to the States Parties concerned with a view
to a friendly solution of the matter on the basis
of respect for human rights and fundamental free-
doms as recognized in this Covenant.

(f) In any matter referred to it, the Committee



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 56, Jan- Mar 1967) → online text (page 26 of 90)