# منتدى حقوق الإنسان > حقوق الإنسان > Human Rights >  International Covenant on Economic, Social and Cultural Rights

## سالي جمعة

[align=left]*International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 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 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.
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, ***, 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*
 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.
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*
 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*
 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 22*
 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.
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