International Covenant on Civil and Political Rights

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. Entry into force: 23 March 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 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

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

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

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

3. Each State Party undertakes to ensure that any person whose rights or freedoms are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; to ensure that such remedy is determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State; and to ensure that competent authorities shall enforce such remedies when granted.

The States Parties undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, States Parties may take measures derogating from their obligations under the present Covenant only to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international 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 availing itself of the right of derogation shall immediately inform the other States Parties, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons. A further communication shall be made on the date on which it terminates such derogation.

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 perform any act aimed at the destruction of any rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

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

PART III

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 the law in force at the time of the commission of the crime and not contrary to the Covenant and the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, nothing in this article shall authorize any State Party to derogate from any obligation assumed under the Genocide Convention.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation 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.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without free consent to medical or scientific experimentation.

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. No one shall be required to perform forced or compulsory labour. This shall not preclude hard labour imposed by a competent court where lawful, nor work normally required of a detained person, military service, national service for conscientious objectors, service exacted in emergencies or calamities, or work forming part of normal civil obligations.

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 liberty except on grounds and in accordance with procedure established by law.

2. Anyone arrested shall be informed, at the time of arrest, of the reasons for arrest and promptly informed of any charges.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law and shall be entitled to trial within a reasonable time or to release. Release may be subject to guarantees to appear for trial and execution of judgment.

4. Anyone deprived of liberty by arrest or detention shall be entitled to take proceedings before a court so that the court may decide without delay on the lawfulness of detention and order release if detention is unlawful.

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

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

2. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and subject to separate treatment appropriate to their status; accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

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

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

1. Everyone lawfully within the territory of a State shall have the right to liberty of movement and freedom to choose residence.

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

3. The above rights shall not be subject to restrictions except those provided by law, necessary to protect national security, public order, public health or morals, or the rights and freedoms of others, and consistent with other rights recognized in the Covenant.

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

An alien lawfully in the territory of a State Party may be expelled only pursuant to a decision reached in accordance with law and, except where compelling reasons of national security require otherwise, shall be allowed to submit reasons against expulsion and to have the case reviewed by, and be represented before, the competent authority.

1. All persons shall be equal before courts and tribunals. In determining any criminal charge or rights and obligations in a suit at law, everyone is entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and public may be excluded for reasons of morals, public order, national security, private lives of the parties, or where publicity would prejudice justice; any judgment in a criminal case or suit at law shall be public except where juvenile interests otherwise require or in matrimonial or guardianship disputes.

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, everyone shall be entitled to minimum guarantees: to be informed promptly and in detail of the nature and cause of the charge; to have adequate time and facilities for defence and communicate with counsel; to be tried without undue delay; to be tried in his presence and defend himself personally or through legal assistance of his choosing; to have legal assistance assigned when justice so requires and free of charge if without sufficient means; to examine witnesses; to have free assistance of an interpreter if needed; and not to be compelled to testify against himself or confess guilt.

4. In the case of juveniles, procedure shall take account of age and desirability of rehabilitation.

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

6. When conviction is reversed or pardon granted because a new or newly discovered fact shows miscarriage of justice, the person shall be compensated according to law unless non-disclosure of the unknown fact 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 according to law.

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 when committed. Nor shall a heavier penalty be imposed than applicable when the offence was committed. If, subsequent to the offence, the law provides for a lighter penalty, the offender shall benefit.

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

Everyone shall have the right to recognition everywhere as a person before the law.

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

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

1. Everyone has the right to freedom of thought, conscience and religion. This includes freedom to have or adopt a religion or belief of choice and freedom, individually or with others and in public or private, to manifest religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion impairing freedom to have or adopt a religion or belief of choice.

3. Freedom to manifest religion or beliefs may be subject only to limitations prescribed by law and necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

4. States Parties undertake to respect the liberty of parents and legal guardians to ensure the religious and moral education of their children in conformity with their convictions.

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

2. Everyone shall have the right to freedom of expression, including freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, orally, in writing, print, art or any other media.

3. The exercise of these rights carries special duties and responsibilities and may be subject to restrictions provided by law and necessary for respect of the rights or reputations of others, or for protection of national security, public order, public health or morals.

1. Any propaganda 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.

The right of peaceful assembly shall be recognized. No restrictions may be placed on its exercise other than those imposed in conformity with law and necessary in a democratic society in the interests of national security or public safety, public order, protection of public health or morals, or protection of rights and freedoms of others.

1. Everyone has the right to freedom of association with others, including the right to form and join trade unions for protection of interests.

2. No restrictions may be placed on this right other than those prescribed by law and necessary in a democratic society in interests of national security or public safety, public order, protection of public health or morals, or rights and freedoms of others. This article shall not prevent lawful restrictions on members of armed forces and police.

3. Nothing in this article shall authorize States Parties to the ILO Convention of 1948 concerning Freedom of Association and Protection of the Right to Organise to take legislative measures prejudicing its guarantees.

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 recognized.

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

4. States Parties shall ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In case of dissolution, provision shall be made for necessary protection of children.

1. Every child has the right to measures of protection required by his status as a minor, on the part of family, society and the State, without discrimination.

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

3. Every child has the right to acquire a nationality.

Every citizen shall have the right and opportunity, without unreasonable restrictions, to take part in public affairs directly or through freely chosen representatives; to vote and be elected at genuine periodic elections by universal and equal suffrage and secret ballot; and to have access, on general terms of equality, to public service.

All persons are equal before the law and are entitled without discrimination to equal protection of the law. The law shall prohibit discrimination and guarantee 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.

In States where ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with other members of their group, to enjoy their culture, profess and practise their religion, or use their language.

PART IV

1. There shall be established a Human Rights Committee consisting of eighteen members.

2. The Committee shall be composed of nationals of States Parties of high moral character and recognized competence in human rights, consideration being given to usefulness of legal experience.

3. Members shall be elected and serve in their personal capacity.

1. Members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications in article 28 and nominated by States Parties.

2. Each State Party may nominate not more than two persons, who shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

1. The initial election shall be held not later than six months after entry into force of the Covenant.

2. At least four months before each election, the Secretary-General shall invite States Parties to submit nominations within three months.

3. The Secretary-General shall prepare an alphabetical list of nominated persons and transmit it to States Parties at least one month before each election.

4. Elections shall be held at meetings of States Parties convened by the Secretary-General at UN Headquarters. The persons elected shall be those obtaining the largest number of votes and an absolute majority of votes of representatives present and voting.

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

2. In elections consideration shall be given to equitable geographical distribution and representation of different forms of civilization and principal legal systems.

1. Members of the Committee shall be elected for four years and may be re-elected if renominated. The terms of nine members elected at the first election shall expire at the end of two years, determined by lot by the chairman.

2. Elections at expiry of office shall be held in accordance with preceding articles.

1. If a member ceases to carry out functions, the Chairman shall notify the Secretary-General, who shall declare the seat vacant.

2. If a member dies or resigns, the Chairman shall notify the Secretary-General, who shall declare the seat vacant from death or effective resignation.

1. When a vacancy is declared and the term does not expire within six months, the Secretary-General shall notify States Parties, which may submit nominations within two months.

2. The Secretary-General shall prepare an alphabetical list of nominees and transmit it to States Parties. The election shall be held in accordance with this part.

3. A member elected to fill a vacancy shall hold office for the remainder of the predecessor's term.

Members of the Committee shall, with approval of the General Assembly, receive emoluments from United Nations resources on terms decided by the Assembly.

The Secretary-General shall provide necessary staff and facilities for effective performance of Committee functions.

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

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

3. The Committee normally meets at UN Headquarters or the UN Office at Geneva.

Every member, before assuming duties, shall make a solemn declaration in open committee to perform functions impartially and conscientiously.

1. The Committee shall elect officers for a two-year term; they may be re-elected.

2. The Committee shall establish its own rules of procedure, providing that twelve members constitute a quorum and decisions are made by a majority of members present.

1. States Parties undertake to submit reports on measures adopted giving effect to rights and on progress made: within one year of entry into force for the State concerned and thereafter whenever the Committee requests.

2. Reports shall be submitted to the Secretary-General, who shall transmit them to the Committee. Reports shall indicate factors and difficulties affecting implementation.

3. The Secretary-General may transmit relevant parts to specialized agencies.

4. The Committee shall study reports and transmit its reports and general comments to States Parties. It may also transmit comments to the Economic and Social Council.

5. States Parties may submit observations on comments.

A State Party may declare that it recognizes the competence of the Committee to receive and consider communications from another State Party claiming non-fulfilment of obligations, subject to reciprocal declarations. The article sets out admissibility conditions, domestic remedies requirement, friendly settlement procedure, confidentiality and reporting.

If a matter under article 41 is not resolved to satisfaction of States Parties, the Committee may, with consent of the States Parties concerned, appoint an ad hoc Conciliation Commission of five persons to make its good offices available with a view to an amicable solution based on respect for the Covenant.

Members of the Committee and of ad hoc conciliation commissions shall be entitled to facilities, privileges and immunities of experts on mission for the United Nations.

The provisions for implementation of the Covenant apply without prejudice to procedures prescribed in the field of human rights by constituent instruments and conventions of the United Nations and specialized agencies, and shall not prevent States Parties from having recourse to other procedures for settling disputes.

The Committee shall submit to the General Assembly, through the Economic and Social Council, an annual report on its activities.

PART V

Nothing in the Covenant shall be interpreted as impairing provisions of the Charter of the United Nations and constitutions of specialized agencies defining responsibilities of UN organs and specialized agencies in regard to matters dealt with in the Covenant.

Nothing in the 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 VI

The Covenant is open for signature by any Member State of the United Nations or member of any specialized agency, by any State Party to the Statute of the International Court of Justice, and by any other State invited by the General Assembly. It is subject to ratification and open to accession. Instruments shall be deposited with the Secretary-General.

The Covenant shall enter into force three months after deposit of the thirty-fifth instrument of ratification or accession. For each State ratifying or acceding after that, it shall enter into force three months after deposit of its instrument.

The provisions of the Covenant shall extend to all parts of federal States without limitations or exceptions.

Any State Party may propose an amendment and file it with the Secretary-General. If at least one third of States Parties favour a conference, the Secretary-General shall convene one. Amendments adopted by a majority of States present and voting shall be submitted to the General Assembly for approval and enter into force upon acceptance by two thirds of States Parties, binding those that accepted them.

The Secretary-General shall inform States referred to in article 48 of signatures, ratifications, accessions, entry into force, amendments and related notifications.

The 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 shall transmit certified copies to all States referred to in article 48.