International Covenant on Economic, Social and Cultural 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.

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 economic, social and cultural rights, as well as 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 others and to the community, 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 obligations arising out of international economic co-operation, based upon mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. States Parties, including those responsible for Non-Self-Governing and Trust Territories, shall promote realization of self-determination and respect that right in conformity with the Charter of the United Nations.

PART II

1. Each State Party undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of available resources, to achieve progressively the full realization of rights recognized in the Covenant by all appropriate means, including legislative measures.

2. States Parties undertake to guarantee that the rights in the 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 national economy, may determine to what extent they would guarantee economic rights to non-nationals.

States Parties undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the Covenant.

States Parties recognize that, in the enjoyment of rights provided by the State in conformity with the Covenant, the State may subject such rights only to limitations determined by law, only in so far as compatible with the nature of these rights and solely for promoting general welfare in a democratic society.

1. Nothing in the Covenant may be interpreted as implying for any State, group or person any right to engage in activity or perform any act aimed at destruction of any rights or freedoms recognized herein, or at limitation to a greater extent than provided for.

2. No restriction upon or derogation from fundamental human rights recognized or existing in any country by law, conventions, regulations or custom shall be admitted on the pretext that the Covenant does not recognize such rights or recognizes them to a lesser extent.

PART III

1. States Parties recognize the right to work, including the right of everyone to the opportunity to gain a living by work freely chosen or accepted, and will take appropriate steps to safeguard this right.

2. Steps to achieve full realization include technical and vocational guidance and training, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms.

States Parties recognize the right of everyone to just and favourable conditions of work ensuring, in particular: remuneration providing fair wages and equal remuneration for work of equal value without distinction; safe and healthy working conditions; equal opportunity for promotion subject only to seniority and competence; rest, leisure, reasonable limitation of working hours, periodic holidays with pay and remuneration for public holidays.

1. States Parties undertake to ensure the right of everyone to form and join trade unions of choice for promotion and protection of economic and social interests, subject only to the rules of the organization; the right of trade unions to establish national federations or confederations and to form or join international trade-union organizations; the right of trade unions to function freely; and the right to strike, exercised in conformity with national law.

2. This article shall not prevent lawful restrictions on members of armed forces, police or administration of the State.

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

States Parties recognize the right of everyone to social security, including social insurance.

States Parties recognize that the widest possible protection and assistance should be accorded to the family, the natural and fundamental group unit of society, particularly for its establishment and while responsible for care and education of dependent children. Marriage must be entered into with free consent of intending spouses. Special protection should be accorded to mothers before and after childbirth, including paid leave or leave with adequate social security benefits. Special measures of protection and assistance should be taken on behalf of all children and young persons without discrimination; they should be protected from economic and social exploitation, harmful labour, and employment below age limits prescribed by law.

1. States Parties recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and continuous improvement of living conditions. States shall take appropriate steps to ensure realization, recognizing the essential importance of international co-operation based on free consent.

2. States Parties recognize the fundamental right of everyone to be free from hunger and shall take measures, individually and through international co-operation, to improve methods of production, conservation and distribution of food, disseminate nutrition knowledge, develop agrarian systems and ensure equitable distribution of world food supplies in relation to need.

1. States Parties recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. Steps include reduction of stillbirth and infant mortality and healthy child development; improvement of environmental and industrial hygiene; prevention, treatment and control of epidemic, endemic, occupational and other diseases; and creation of conditions assuring medical service and attention in sickness.

1. States Parties recognize the right of everyone to education. Education shall be directed to full development of human personality and dignity, strengthen respect for human rights and freedoms, enable effective participation in a free society, promote understanding, tolerance and friendship among all nations and groups, and further UN activities for peace.

2. Primary education shall be compulsory and free to all; secondary education, including technical and vocational education, shall be generally available and accessible by every appropriate means, particularly progressive introduction of free education; higher education shall be equally accessible on basis of capacity; fundamental education shall be encouraged for persons who have not received or completed primary education; development of a school system, adequate fellowship system and continuous improvement of teaching staff conditions shall be pursued.

3. States undertake to respect liberty of parents and guardians to choose schools for children other than public schools, conforming to minimum educational standards, and to ensure religious and moral education of children in conformity with convictions.

4. No part of this article shall interfere with liberty of individuals and bodies to establish educational institutions subject to the principles above and minimum standards.

Each State Party which, at becoming a party, has not secured compulsory primary education free of charge in its territory undertakes, within two years, to work out and adopt a detailed plan of action for progressive implementation, within a reasonable number of years, of compulsory free primary education for all.

1. States Parties recognize the right of everyone to take part in cultural life, enjoy benefits of scientific progress and applications, and benefit from protection of moral and material interests resulting from scientific, literary or artistic production of which he is the author.

2. Steps to realize this right include those necessary for conservation, development and diffusion of science and culture.

3. States undertake to respect freedom indispensable for scientific research and creative activity.

4. States recognize benefits from encouragement and development of international contacts and co-operation in scientific and cultural fields.

PART IV

States Parties undertake to submit reports on measures adopted and progress made in achieving observance of rights recognized in the Covenant. Reports are submitted to the Secretary-General, who transmits copies to the Economic and Social Council, and to specialized agencies where relevant.

Reports shall be furnished in stages according to a programme established by the Economic and Social Council in consultation with States Parties and specialized agencies; reports may indicate factors and difficulties affecting fulfillment of obligations, and may refer to information previously furnished.

The Economic and Social Council may arrange with specialized agencies to report on progress made in achieving observance of provisions of the Covenant within their activities.

The Economic and Social Council may transmit to the Commission on Human Rights reports concerning human rights submitted by States and specialized agencies for study and general recommendation or information.

States Parties and specialized agencies may submit comments to the Economic and Social Council on general recommendations or references in reports.

The Economic and Social Council may submit reports with general recommendations and summary of information received from States Parties and specialized agencies on measures taken and progress made in achieving general observance of rights.

The Economic and Social Council may bring to the attention of UN organs, subsidiary organs and specialized agencies concerned with technical assistance any matters arising from reports that may assist them in deciding on international measures likely to contribute to effective progressive implementation of the Covenant.

States Parties agree that international action for achievement of rights includes conclusion of conventions, adoption of recommendations, furnishing of technical assistance, and holding of regional meetings and technical meetings for consultation and study.

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 regarding 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 V

The Covenant is open for signature by any Member State of the United Nations or specialized agency, any State Party to the Statute of the International Court of Justice, and 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 enters 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 majority shall be submitted to the General Assembly and enter into force when approved by the Assembly and accepted by two thirds of States Parties.

The Secretary-General shall inform States referred to in article 26 of signatures, ratifications, accessions, entry into force and amendments.

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 26.