120/1976 Coll.
Decree
Minister of Foreign Affairs
of 10 June 1999. May 1976
of the International Covenant on Civil and political rights and the international
Covenant on economic, social and cultural rights
On 19 December. December 1966 in New York City was opened for signature by the International
Covenant on Civil and political rights and the International Covenant on
economic, social and cultural rights.
On behalf of the Czechoslovak Socialist Republic were both signed pacts
in New York on 7 December. October 1968.
With the two international covenants have expressed their consent on 11 July. November 1975, Federal
the Assembly of the Czechoslovak Socialist Republic. President of the Republic
has ratified the International Covenant on Civil and political rights with
Declaration on article 48, paragraph 1, and the International Covenant on economic,
social and cultural rights with the Declaration to article 26, paragraph 1.
Ratification of the Czechoslovak Socialist Republic have been saved
with the Secretary-General of the United Nations, the depositary of the two
pacts, on 23 December 2005. December 1975.
The International Covenant on Civil and political rights entered into force
on the basis of article 49 on 23 September 2006. in March 1976, and on this day he entered in
into force for the Czechoslovak Socialist Republic. International Covenant
on economic, social and cultural rights entered into force on
pursuant to article 27 on 3 June 2006. January 1976 and for the Czechoslovak
Socialist Republic entered into force on 23 September 2006. March 1976.
English translations of the two pacts will be published at the same time.
Minister:
Ing. Now in r.
International Covenant
on Civil and political rights
States parties to this Covenant,
considering that according to the principles proclaimed in the Charter of the Organization
the United Nations is the recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family, the Foundation of freedom,
Justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human
beings,
Recognizing that, in accordance with the Universal Declaration of human rights is the ideal
of free human beings enjoying civil and political freedom and
freedom from fear and a lack of can be achieved only if the
such conditions will be created, in which everyone will be able to požívati their
Civil and political rights, as well as their rights of economic,
social and cultural,
considering the commitment of the States arising from the Charter of the Organization of the
of the United Nations to promote universal respect for human rights and freedoms
and to their conservation,
realising that the individual, having duties to other and to
the community, to which it is obliged to endeavour to develop and
observance of the rights recognized in the Covenant,
agree on this, as stipulated below:
Part I
Article 1
1. all peoples have the right to self-determination. On the basis of this law
the freedom to determine their political status and to freely carry out their
economic, social and cultural development.
2. all peoples may, for their own ends freely dispose of his
the natural wealth and resources without prejudice to any obligations
arising out of international economic cooperation, based on the
mutual benefit and international law. In no case shall be
a nation deprived of its own means of living existence.
3. States parties of the Pact, including those States which are responsible
the management of the nesamosprávných and the poručenských territory, will support
the implementation of the right to self-determination and to respect this right in
accordance with the provisions of the Charter of the United Nations.
Part II
Article 2
1. Any State which is a party to the Covenant, undertakes to respect
the rights recognized in the Covenant and to ensure that the rights of all individuals to
within its territory and subject to its jurisdiction, without any discrimination
based on race, colour, sex, religion, political or other
opinion, national or social origin, property, birth or
other status.
2. Any State which is a party to the Covenant, undertakes, if so
already provides existing legislative or other measures that it will take
the necessary steps in accordance with its constitutional procedures and the provisions of this
The Pact, to approve such legislative or other measures necessary
to ensure that the rights recognised in the Covenant applied.
3. Any State which is a party to the Pact, is committed to:
and) to ensure that any person whose rights or freedoms as follows
The Pact recognised are violated, effective protection regardless of,
whether the breach of its rights or freedom committed by persons acting in
official function;
(b)) to ensure that any person who seeks such protection, it should
the right provided for by relevant legal, administrative or legislative
authorities or any other authority designated by the legal system of the State
and to have the possibility of legal protection;
(c)) to ensure that the competent authorities of that protection to promote, as soon as is
granted.
Article 3
States, Contracting Parties to the Covenant undertake to ensure the equal rights of men and
women in the enjoyment of all civil and political rights set out in this
The Pact.
Article 4
1. If in an emergency, which is officially proclaimed, vulnerable life
the nation, the States, Contracting Parties to the Pact, to take measures to soften the
their obligations under the Covenant to the extent that they may require such needs
of the situation, provided that such measures are not inconsistent with their other
obligations under international law and does not constitute discrimination under
race, colour, sex, language, religion or social origin.
2. Pursuant to this provision shall not derogate from articles 6, 7, 8
(paragraph 1 and 2), 11, 15, 16 and 18.
3. Any State which is a party to the Covenant, using the law in
the meaning of paragraph 1. 1 of this article shall immediately notify through
the Secretary-General of the United Nations, other States
the Contracting Parties, of the provisions of the Covenant from which it departed, and on
the reasons that led him to it. A further communication shall take the same path to the
the date on which this measure will end.
Article 5
1. nothing in this Covenant cannot be interpreted in such a way as would make
any State, group or person any right to engage in
activity or to perform any act that would require suppression
any of the rights and freedoms recognised by this Pact or to
their limitation to a greater extent than the Pact lays down.
2. Any of the fundamental human rights recognized in any State, that is
a party to this Covenant, on the basis of law, conventions, regulations or
Customs will not be limited or cancelled under the pretext that such a Pact
the law does not recognize or recognizes them to a lesser extent.
Part III
Article 6
1. Every human being has the right to life. This right is protected by the
by law. No one will not be arbitrarily deprived of life.
2. In countries where the death penalty has not been abolished, the sentence may be
death has been declared only for the most severe crimes in accordance with the law
applicable at the time when the offence was committed, and not in conflict with
the provisions of this Covenant and the Convention on the prevention and punishment of the crime
of genocide. This penalty may be executed only on the basis of the final
the judgment handed down by a competent court.
3. If the deprivation of life is a crime of genocide, it is understood that nothing
in this article does not authorize any State which is a Contracting Party to the
The Pact, to derogate from any of the commitment, which was taken on the basis of
the provisions of the Convention on the prevention and punishment of the crime of genocide.
4. Anyone who has been sentenced to death has the right to apply for pardon or
mitigation of punishment. Amnesty, pardon or mitigation of death penalty may be
granted in all cases.
5. the sentence of death will not be stored for offences committed
persons under eighteen years of age and will not be performed on pregnant women.
6. This article shall not be exercised in order to prevent the cancellation of the
the death penalty or to abolish the death penalty has been impeded by any
State; a party to this Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one will be without their
free consent to medical or scientific experiments.
Article 8
1. no one shall be held in slavery; all forms of slavery and trafficking
the slaves are disabled.
2. no one shall be held in servitude.
3.
and matters should not be) required to perform forced or compulsory
work;
(b)), article 3. and does not prevent the exercise of hard work) in countries where it is possible to
impose a prison sentence with hard work for the crime, if it was handed down
the competent court such a judgment;
(c)) for the purposes of this paragraph the term "forced or compulsory labour"
does not include:
(i) any work or service not referred to in subparagraph (b)),
that normally require from a person who is in custody as a result of
the final valid decision of the Court or from the person who is
conditionally released from such links;
(ii) any service of a military character and, in countries where it is recognised
the refusal of military service on the basis of beliefs, any national
the service, which is under the law requires from people that refuse to military
the service from the reasons for their beliefs;
(iii) any service enforced in exceptional cases or when
the disaster threatening the life or well-being of the community;
(iv) any work or service which forms part of normal civil
duties.
Article 9
1. everyone has the right to freedom and personal safety. No one shall be
arbitrarily arrested or detained. No one shall be deprived of his liberty save in the
in cases where that happens on the basis of the law and in conformity with the management of that
It is provided by law.
2. everyone who is arrested shall be informed at the time of arrest of the reasons for
for his arrest and shall be promptly informed of the charges against him
being raised.
3. everyone who is arrested or detained on a charge of criminal
the crime, shall immediately be brought before a judge or other officer
that is empowered by law to exercise judicial power and shall be entitled to
criminal proceedings within a reasonable time or to release. There is no general
the rule that persons pending the criminal proceedings have been held in custody;
release may be conditioned by guarantees, however, that it will come to the criminal
proceedings in any other stage of the proceedings and the judgment.
4. everyone who is arrested or is being held in custody has the right to control
before the Court so that the Court may decide without delay on the Decree of
of his detention and order his release if the binding is not legal.
5. everyone who has been the victim of unlawful arrest or custody, has
an enforceable right to compensation.
Article 10
1. All persons of liberty ducks is humanely and with dignity
to the inherent dignity of the human being.
2.
and) accused persons except in exceptional circumstances are separated from the
people sentenced and treated them in proportion to the fact that their
guilt has not yet been taken;
(b) the accused juvenile persons) are separated from adults and possibly
quickly brought to justice.
3. The prison regulations shall ensure that such treatment of prisoners, the main objective
is their re-education and correction. Juvenile criminals will be separated from the
adult and gets them treatment appropriate to their age and legal
position.
Article 11
No one will be jailed only for inability to fulfil a contractual obligation.
Article 12
1. everyone who is legally present in the territory of a State, it has to
that territory the right to freedom of movement and freedom to choose their place of residence.
2. everyone has the freedom to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those that
prescribed by law and which are necessary for the protection of national security,
public order, public health or morals or the rights and freedoms
of others and are consistent with the other rights recognized in this
The Pact.
4. no one shall be arbitrarily deprived of the right to enter his own country.
Article 13
An alien lawfully in the territory of present state which is a Contracting
a party to the Covenant, it can be expelled only on the basis of the decision to
which arrive in accordance with the law, and has the option, except when
overriding reasons of national security require a different procedure, submit
objections against his expulsion and to put their case to the review by the competent
authority or a person or persons especially designated by the competent authority
and be in front of them for this purpose be represented.
Article 14
1. all persons are equal before the Court. Everyone has exactly the same
the right to a fair and public hearing by an independent and impartial
the Court, in the determination of his rights and obligations and on the
any criminal charge against him. The press and public
may be excluded from the whole or part of the proceedings for reasons of morality,
public order or national security in a democratic society
or if it requires the private interest of the parties, or may be
excluded, to the extent that is required under a strict Court when
special circumstances under which disclosure of the interests of the prejudikovalo
Justice; However, every judgment in criminal or
civil cases will be published with the exception of cases, when interest
juvenile persons requires a different procedure or where the proceeding
matrimonial disputes or the guardianship of children.
2. everyone charged with a criminal offence shall be considered innocent
until there is a legal procedure proven guilty.
3. everyone charged with a criminal offence has the following minimum have
guarantees:
and) should be immediately informed in detail in a language which he understands, of the
the nature and cause of the accusation against him;
(b)) is to have sufficient time and opportunities for the preparation of his defence and to
could combine with counsel of their own choice;
(c)) to be tried without undue delay;
(d)) to be tried in his presence and to defend himself in person or
through a lawyer, which his choice; to be advised of their
rights and has be granted legal aid in any case, when the
the interests of justice so require, and without in this case alone was paying
the cost if it lacks sufficient means to pay;
e) has him be given the option to carry out the questioning or gave to hear
witnesses against him and to have the opportunity to participate and the hearing of witnesses
in his behalf under the same conditions as witnesses against
him;
(f)) has to get the assistance of an interpreter if does not understand the language or
don't speak the language, which is used in court;
(g)) may be compelled to testify against himself or to confess guilt.
4. In criminal proceedings against minors, taking into account their age and
the fact that it is desirable to seek to solve them.
5. everyone who has been proven to have committed a criminal offence has the right
that evidence and the judgment has been reviewed higher court.
6. If someone proved the offence and if the
later refuted this evidence or was acquitted on the basis of
the fact that some new fact convincingly shows that the verdict
the law had been violated, the person who has been punished on the basis of
such evidence, compensation according to the law, if it is incapable of that early
putting known previously unknown is not really totally or partially
at expense of that person.
7. Criminal proceedings may not be initiated against it, against which an earlier
prosecution for the same Act ended by a final decision of a court, which was
the accused was convicted or acquitted.
Article 15
1. No one shall be punished for an act which was not punishable by law in
a time when it was committed. The offender cannot save a higher penalty than specified in the
Save the law effective at the time when the offence was committed. The new law has
retroactive effect only if it is more favourable to the offender.
2. nothing in this article does not prejudge the punishment for any act that, in the
a time when it was committed, was criminal according to the General principles of law
recognized by the community of Nations.
Article 16
Everyone has the right to be recognized everywhere, its legal personality.
Article 17
1. no one shall be subjected to arbitrary interference with private life,
family, home or correspondence, nor to attacks upon his honour and reputation.
2. everyone has the right to legal protection against such interference or
attacks.
Article 18
1. Everyone has the right to freedom of thought, conscience and religion. This right
includes the freedom to profess or adopt a religion or belief
of their own choice and freedom to manifest his religion or belief itself
or jointly with others, whether publicly or privately, through the implementation of
religious celebrations, in worship, observance, and teaching.
2. No one shall be subjected to coercion which would undermine its
the freedom to profess or adopt a religion or belief of their own
options.
3. the Freedom to manifest religion or belief may be subjected to only
such limitations are prescribed by law and which are necessary for the protection
public safety, order, health or morals or the fundamental rights of the
and freedoms of others.
4. States, Contracting Parties to the Covenant undertake to respect the liberty of parents,
and, where appropriate, guardians, to ensure the religious and moral
teaching of their children according to their own beliefs of parents or guardians.
Article 19
1. Everyone has the right to hold their views without obstacles.
2. Everyone has the right to freedom of expression; This right includes freedom
seek, receive and impart information and ideas of all kinds, without
regardless of frontiers, either orally, in writing or in print, through art
or any other means of their own choice.
3. use of the rights referred to in paragraph 2 of this article carries with it the
special duties and responsibilities. It may therefore be subject to certain
the restrictions, but the restrictions will only be such as are prescribed by law and
which are necessary:
and to respect the rights or) reputation of others;
(b)) for the protection of national security or public order, or of public
health or morals.
Article 20
1. any war propaganda is prohibited by law.
2. any national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited
by law.
Article 21
It recognizes the right to peaceful assembly. Exercise of this right must not be
in no way hindered with the exceptions laid down by the law and which are
necessary in a democratic society in the interests of national security or
public safety, public order, protection of public health or
morals, or the protection of the rights and freedoms of others.
Article 22
1. Everyone has the right to freedom of association with others, the right to be based on the
protection of their interests, trade unions and access to them.
2. the exercise of this right must not be restricted in any way; the exception are
restrictions which are laid down by law and which are necessary in a democratic
the company in the interests of national or public security, public
order, protection of public health or morals or the protection of the rights and
freedoms of others. Nothing in this article shall prevent limiting by law the exercise of this
the rights of members of the armed forces and the police.
3. Nothing in this article shall not entitle the Contracting Parties to the Convention, the international
Organization of work of 1948 concerning freedom of Association and protection of
to organise to take legislative measures which would prejudikovala
the guarantees provided for in the Covenant, or apply the law in such a way
which of these guarantees, prejudikoval.
Article 23
1. the family is the natural and fundamental group unit of society and is entitled to
the protection of society and the State.
2. Recognizes the right of men and women to conclude within a reasonable age of marriage and
to start a family.
3. the Marriage will not be contracted without the free and full consent
the betrothed.
4. States parties of the Covenant, shall take appropriate steps to ensure that
to ensure the same rights and obligations of the spouses during the marriage, during the marriage
and when you divorce. When you divorce, shall decide on the need to protect children.
Article 24
1. Every child has, without any discrimination based on race, colour, sex,
language, religion, national or social origin, property or
genus right to such protection, which he is entitled with regard to its
the position of the nezletilce, on the part of his family, society and the State.
2. Every child shall be registered immediately after birth and gets the name.
3. Every child has the right to a nationality.
Article 25
Every citizen has the right and the opportunity, without any of the differences referred to in
Article 2 and without unreasonable restrictions:
and) participate in the management of public affairs, directly or
through freely chosen representatives;
(b)) vote and stand as a candidate in the regular election, which will be held on
the basis of universal and equal right to vote, by secret ballot
free voting procedures;
(c)) access on equal terms to public service in his country.
Article 26
All are equal before the law and are entitled to the same protection
the law without any discrimination. The law prohibits any discrimination and
shall guarantee to all persons equal and effective protection against discrimination on
for whatever reasons, for example. based on race, colour, sex, language,
religion, political or other beliefs, national or
social origin, property and family.
Article 27
In States where there are ethnic, religious or linguistic minorities,
It will not be its nationals are denied their rights, together with the other
members of the minority their own culture, professed and
show their own religion or use their own
of the language.
Part IV
Article 28
1. a Committee for human rights (in this Pact, called the
The Committee). It consists of eighteen members and shall perform the functions set out below.
2. the Committee shall be composed of nationals of the parties to the Pact, which
will the high moral character of the persons and recognised skills in
the field of human rights, and will take into account the fact that
will be useful participation of some persons having legal experience.
3. the members of the Committee shall be elected and acting as a private person.
Article 29
1. members of the Committee shall be elected by secret ballot from a list of people
having the characteristics prescribed in article 28 and nominated for this purpose
States parties to the Covenant.
2. Any State which is a party to the Covenant, it may propose a maximum
two persons. These persons are nationals of the State which is
He suggested.
3. any person may be proposed again a member of the Committee.
Article 30
1. the first elections shall be held no later than six months from the date on which this
The Pact will take effect.
2. At least four months before the date of each election to the Committee, with the
the exception of elections where you want to occupy the vacant post in accordance with article
34, the Secretary-General of the United Nations shall invite States in writing,
which are parties to the Covenant to submit, within three months of their
proposals on the membership of the Committee.
3. the Secretary-General of the United Nations shall prepare a list of all
the following suggested people in alphabetical order, with an indication of the States that these
people have suggested, and submit it to the States, not later than one month before the date
the holding of elections.
4. Election of the members of the Committee shall be held at a meeting of the representatives of the States which are
Contracting Parties to the Pact, convened at the General Secretary of the Organization
the United Nations at the headquarters of the United Nations. On this
the meeting, on which two thirds of the States form a quorum, the Committee are
chosen ones from the nominated persons that receive the largest number of votes and
the absolute majority of the votes of the representatives of States present and voting.
Article 31
1. The Committee shall not be represented by more than one national
one State.
2. In the election of the Committee, consideration shall be given to equitable geographical
representation and to the representation of different forms of civilization and the principal legal
systems.
Article 32
1. the members of the Committee are elected for a term of four years. The withdrawing member
You can vote again immediately, if it is designed. The official period of nine of the members
elected in the first election shall expire at the end of the second year, however; without delay
After the first election, the President of the Board at the meeting referred to in article 30,
paragraph 4, the names of these nine members.
2. The elections will be held after the expiration of the functions referred to in the previous articles
This part of the Pact.
Article 33
1. Where, pursuant to the unanimous opinion of the other members of the stop the
Committee to carry out his functions for any other reason than because of the
of a transitional nature, Chairman of the Committee shall notify the Secretary-General of the
The United Nations, who shall declare the place of that Member for the
vacated.
2. in the event of the death or resignation of a member of the Committee shall inform the President of the
without delay to the Secretary-General of the United Nations,
declares the date of death for the vacated space or the date when resignation became
the validity of.
Article 34
1. If a vacancy is declared in accordance with article 33 and if the
the term of Office of the Member to be replaced within six months before
from this publication, the Secretary General of the United Nations
each State shall inform the participant of this Pact, which within two months
may submit a proposal in accordance with article 29 to fill the vacancy.
2. the Secretary-General of the United Nations shall prepare a list of
the suggested people in alphabetical order and submit it to the States, which are
Contracting Parties to the Pact. The election to fill the vacancy shall be
take place according to the relevant provisions of this part of the Pact.
3. Member of the Committee elected to the vacancy, which was published by the
Article 33, it will perform the function for the rest of the period, which accounted for
a member who uprázdnil place in the Committee under the provisions of the said
article.
Article 35
Members of the Committee shall receive, with the approval of the General Assembly of the Organization
United Nations remuneration from the resources of the United Nations
conditions to be decided by the General Assembly, bearing in mind the
the importance and responsibility of the Committee.
Article 36
The Secretary-General of the United Nations shall provide the necessary device
and equipment for the effective carrying out of the functions of the Committee under the Pact.
Article 37
1. The Secretary-General of the United Nations shall convene the first meeting of the
The Committee at the headquarters of the United Nations.
2. After this first meeting, the Committee will meet, as will be set out in the
its rules of procedure.
3. The Committee shall normally meet at the headquarters of the United Nations
or in the Office of the United Nations in Geneva.
Article 38
Each Member of the Committee, before taking up his duties, shall take
a solemn declaration at a public meeting of the Committee that will perform the
his functions impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two years. These can be
eligible for re-election.
2. the Committee shall draw up its own rules of procedure, which shall determine, inter alia, that:
and the twelve members of the Committee form a) quorum;
(b) decisions of the Committee are taken) by a majority vote of the members present.
Article 40
1. States parties to the Covenant, to undertake to
report on the measures it has taken to putting the rights recognised in this
The Pact, in life, and on the progress made in the use of these rights
achieved by:
a) within one year from the date on which have become participants in the Covenant;
(b)), then at any time when the Committee's requests.
2. All reports shall be submitted to the Secretary-General of the Organization
The United Nations, which is to submit to the Committee for examination. In the news,
point out any facts and difficulties relating to the implementation of the
This Pact.
3. the Secretary-General of the United Nations may, on the basis of
consultation with the Committee, forward to the competent organizations of the UNITED NATIONS professional prints
those parts of the messages that relate to their areas of competence.
4. the Committee shall examine the reports which have been presented to him. States that
are parties to the Covenant, shall submit his report and General
the comments which it considers appropriate. The Committee may these comments together with the
copies of the messages that it receives from the States which are Contracting Parties to the
The Pact also present the economic and Social Council.
5. States, Contracting Parties to the Pact, may submit to the Committee any
comments to comments that may be made in accordance with paragraph 4 of this
article.
Article 41
1. A State which is a party to the Covenant, it may, on the basis of this article
at any time declare that it recognizes the competence of the Committee to accept and consider
notification of one State that another State has failed to fulfil its obligations under the
This Pact. The Committee may adopt on the basis of this article and to assess the
notification only if the State which declared that
recognises the jurisdiction of the Committee. The Committee has not taken any notice, if
refers to a State which has not made such a declaration. With the announcements made by the
pursuant to this article shall be treated as follows:
and) State, which shall provide the notification received within three months of a State which is
submit a written explanation or statement which is to contain,
If appropriate depending on the nature of things, information about the
corrective actions shall be carried out or has already been made.
(b)) the two States are entitled to refer the matter to the Committee, if it is not able to
their satisfaction within six months after the State received the original
the notification. State which does so shall inform the next to the Second Committee
State.
(c)), the Committee will deal with the matter that he was referred to, only
When it finds that have been used and exhausted all available
remedies, in accordance with the generally accepted principles of international
rights. This procedure will be followed in the event that the axle is
unreasonably delaying.
(d)), the Committee examines the notification made pursuant to this article on a non-public
meetings.
(e)) in order to achieve a friendly settlement on the basis of respect for human
rights and fundamental freedoms as recognized in the Covenant, the Committee-with the
subject to the provisions of subparagraph (c))-provide a good service to States
which are parties to the Pact.
(f)), the Committee may call upon the States parties referred to in subparagraph (b)), to
provide any important information in each case which is
referred to the.
(g)) the participating States referred to in subparagraph (b)) have the right to be represented
When discussing the matter by the Committee and to express themselves orally or in writing.
(h)), the Committee shall submit a report within twelve months of the date on which it received the
the notification referred to in subparagraph (b)):
(i) if it reaches settlement referred to in subparagraph (e)), the Committee will limit their
the message on the succinct presentation of the facts and of the solution reached.
(ii) if it reaches the settlement referred to in subparagraph (e)), the Committee will limit the
your message to a succinct presentation of the facts; written observations and
a protocol containing the oral submissions made by the States parties to this
The Pact will be attached to the message. Report shall be transmitted to States which
refers to.
2. the provisions of this article shall enter into force when States, the Contracting
the parties of the Pact, shall make a declaration in accordance with paragraph 1 of this article. This
declaration deposited with the Secretary-General of the United Nations,
who shall transmit copies thereof to the other States, the participants in the Pact.
The statement may be withdrawn at any time, by notification addressed to the
the Secretary-General. The appeal does not prejudge the consideration of any matter which
is the subject of a notification already submitted under this article. Then, what
the Secretary-General received a communication from which the Declaration refers,
You cannot receive any more notifications of any State which is a Contracting
a party to the Pact, if a State which does not make a new declaration appealed,
statement.
Article 42
1.
and if the thing transferred Committee) on the basis of article 41 is not resolved to the
the satisfaction of the States parties of the Covenant to which it relates, the Committee may
created with the preliminary consent of the States concerned, the ad hoc Conciliation Commission
(hereinafter called the Commission). In order to achieve a friendly settlement on the basis of
respect for the Pact, good service, the Commission States, the Contracting
the parties to the Pact, which it refers to.
(b)), the Commission shall consist of five persons acceptable to the States parties to the
the Pact, which has concerned. If these States
do not reach agreement within three months on the composition of the Commission, members of the Commission,
on which no agreement was reached, the Committee shall be elected by a two thirds majority
from among its members by secret ballot.
2. the members of the Commission Act in its functions as a private person. A member of the
The Commission cannot be a national of a State which is a matter of prejudice,
or state that has not made the declaration under article 41.
3. the Commission shall elect its Chairman and adopt its rules of procedure.
4. the Commission shall meet at the headquarters of the United Nations or in the Office
The United Nations in Geneva. However, it can sit on a different
a suitable location, which shall determine, after consultation with the Secretary General of the Organization of the
the United Nations and the States concerned.
5. the secretariat established by article 36 will also work for
the Commission appointed under this article.
6. The information that the Committee collected, shall provide to the Commission. The Commission may,
call upon the States concerned to supply any other
important information.
7. when the Commission will examine the matter fully, but in any case
no later than twelve months after, when things take, shall submit to the
the Chairman of the Committee a report for States, which refers to:
and if the Commission is unable to complete) assessment within 12 months,
limit your message to a brief statement on his condition.
(b)) If friendly settlement on the basis of respect for the
human rights, as it recognises the Pact, its report to the Commission on the limits
concise summary of the facts and of the solution reached.
(c)) if the Commission reaches the solution referred to in subparagraph (b)), will include its
report of the results of the investigation of all questions relating to disputes and her views
on the possibility of an amicable settlement. This report also includes a written
representation of the States concerned.
(d) report of the Commission) if it is submitted in accordance with subparagraph (c)), it shall inform the
the States concerned within three months of receipt of the report
Chairman of the Committee on whether to approve the contents of the report from the Commission or not.
8. the provisions of this article neprejudikují the obligation of the Committee referred to in
Article 41.
9. The States concerned will participate in the expenses of the
members of the Commission in equal shares, according to the preliminary estimation of the
Secretary-General of the United Nations.
10. The Secretary-General of the United Nations shall be empowered to
If it is necessary to pay the expenses of members of the Commission-until these expenses
will not be paid in accordance with paragraph 9 of this article states that are affected.
Article 43
Members of the Committee and the ad hoc conciliation by the Commission, which shall, where appropriate, established
under article 42, shall enjoy the privileges and immunities of experts of the United
Nations, as enshrined in the Convention on the privileges and immunities of the Organization
of the United Nations.
Article 44
Implementing provisions of the Pact, leaving intact the provisions on the management of
the human rights contained in the basic documents and conventions
The United Nations and the specialized agencies and shall not prevent the
States, Contracting Parties to the Pact, use other means for the settlement of
the dispute in accordance with General or special international agreements,
which are in force between them.
Article 45
The Committee shall submit an annual report on its activities to the General Assembly
The United Nations, through the economic and social
of the Council.
Part V
Article 46
Nothing in this Covenant may be interpreted as if it weakened the
the provisions of the Charter of the United Nations and the statutes of its
professional organizations, which define the responsibilities of the various organs
The United Nations and its specialized agencies in the field,
discussed in this Pact.
Article 47
Nothing in this Covenant may be interpreted as if it weakened the
the natural right of all peoples to enjoy fully and freely their natural
wealth and resources.
Part VI
Article 48
1. the present Covenant is open for signature by any Member State of the Organization
the United Nations or member of any of its specialized agencies,
any State participant Statute of the International Court of Justice, and
of any other State, that was by the General Assembly of the Organization
the United Nations is invited to become a participant in the Pact.
2. This Pact will be ratified. The instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. the present Covenant is open access of any State referred to in
paragraph 1 of this article.
4. access shall be effected by 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 this Covenant or acceded to, imposing a
each instrument of ratification or accession.
Article 49
1. The Pact will take effect three months after the date of deposit of the thirty-fifth
instrument of ratification or instrument of accession with the Secretary-General of the
Of the United Nations.
2. for each State acceding to the Pact or ratifikující it after saving
the thirty-fifth instrument of ratification or accession to the Covenant shall take
the effectiveness of three months after which the State deposits an instrument of ratification
or on access.
Article 50
The provisions of this Act apply to all parts of federal States
without any limitations or exceptions.
Article 51
1. any State which is a party to the Covenant, it may propose his
the change and submit it to the Secretary-General of the United
Nations. The Secretary General then acquainted with Amendment States,
the Contracting Parties of the Pact, with the request that it be stated that the convening of the
the Conference of the States parties to the Covenant, which would assess the proposal and
decided about it. The Secretary-General shall convene the Conference under the auspices of
The United Nations said at least one-third of the States for
its layout. Any amendment adopted by a majority of States
present and voting at the Conference shall be submitted to the General
Assembly of the United Nations for approval.
2. Amend the Pact will take effect if approved by the General
the General Assembly of the United Nations and accepted by a two-thirds
a majority of the States which are Contracting Parties to the Pact, according to their
the constitutional rules.
3. If the alteration shall become effective, they become binding for those States,
participants in the Pact, which is adopted. The other States are further
bound by the provisions of this Covenant only and any previous alteration,
they have adopted.
Article 52
Regardless of the statements made under article 48, paragraph 5, the General
the Secretary-General of the United Nations shall inform all States referred to in
paragraph 1 of the same article:
and the signatures and ratification) papers and instruments of access by
Article 48;
(b)) of the date when the Pact takes effect in accordance with article 49 and the date on which the
any amendment becomes effective pursuant to article 51.
Article 53
1. the present Covenant, of which the Chinese, English, French, Russian and
the Spanish are equally authentic, will be deposited in the archives of the Organization
of the United Nations.
2. The Secretary General shall send a certified fingerprint of this Covenant to all States
referred to in article 48.
International Covenant
on economic, social and cultural rights
States parties to this Covenant,
considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the
the inherent dignity and the equal and inalienable rights of all members of the
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
personality,
Recognizing that, in accordance with the Universal Declaration of human rights, the ideal of free
human beings, free from fear and distress can be achieved only
If such conditions are created, they will be able to
each enjoy their economic, social and cultural rights, as well as
as well as their civil and political rights,
considering the commitment of the States arising from the Charter of the Organization of the
of the United Nations to promote universal respect for human rights and freedoms
and to their conservation,
realising that the individual, having duties to others and to
the community, to which it is obliged to endeavour to develop and
observance of the rights recognized in the Covenant,
agree on this, as stipulated below:
Part I.
Article 1.
1. all peoples have the right to self-determination. On the basis of this law
the freedom to determine their political status and to freely carry out their
economic, social and cultural development.
2. all peoples may, for their own ends freely dispose of his
the natural wealth and resources without prejudice to any obligations,
arising out of international economic cooperation, based on the
mutual benefit and international law. In no case shall be
a nation deprived of its own means of living existence.
3. States parties of the Pact, including those States which are responsible
the management of the nesamosprávných and the poručenských territory, will support
the implementation of the right to self-determination and to respect this right in
accordance with the provisions of the Charter of the United Nations.
Part II.
Article 2.
1. Any State which is a party to the Pact, is committed to taking
at the maximum use of their resources separately, even through
international cooperation and economic and technical cooperation, steps to
gradually achieve the full realisation of the rights recognised in the present Covenant, and
it by all appropriate means, including the adoption of legislative measures.
2. States, Contracting Parties to the Covenant undertake to guarantee that the rights of
formulated in this Pact will take place without any
a distinction based on race, colour, sex, language, religion,
political or other opinion, national and social origin,
property, birth or other status.
3. developing countries may, with due regard to human rights and their
the national economy to determine to what extent they would guarantee the economic
the rights recognized in the Covenant to foreign nationals.
Article 3.
States, Contracting Parties to the Pact, undertake to ensure the equal rights of men and
women in the enjoyment of all economic, social and cultural rights
referred to in this Pact.
Article 4.
States, Contracting Parties to the Covenant recognize that, in the enjoyment of those rights, which
was granted by the State in accordance with this Pact, the State may subject
such rights only to such limitations as are determined by law, and only in so far as
If it can be compatible with the nature of these rights and solely for the purpose
promoting the general welfare in a democratic society.
Article 5.
1. nothing in this Covenant cannot be interpreted in such a way as would make
for any State, group or person any right to engage in
activity or to perform any act that would require suppression
any of the rights and freedoms recognised by this Pact or to
their limitation to a greater extent than the Pact lays down.
2. any restriction or derogation from any of the fundamental human
rights recognized or existing in any country on the basis of the law,
conventions, regulations or practices will not be admitted on the pretext that the Covenant
does not recognize such rights or that it recognizes them to a lesser extent.
Part III.
Article 6.
1. States parties recognize the right of the Pact, which includes
the right of everyone to the opportunity to earn a living in his work,
which you freely chooses or accepts, and will take appropriate steps to
the protection of this right.
2. The measures to be taken by the States parties to the Covenant, to
achieve full realization of this right shall include programs
technical and vocational training and the training plans and the means to
achieve permanent economic, social and cultural development and full
and productive employment under conditions that ensure individuals
the fundamental political and economic freedoms.
Article 7.
States, Contracting Parties to the Covenant recognize the right of everyone to
just and favourable conditions of work which ensure, in particular:
and the reward that provides) as a minimum, to all workers:
(i) fair wages and equal pay for work of equal value without
any discrimination, in particular women, are guaranteed to work
conditions not worse than what men have, with the same remuneration for the same
work;
(ii) a decent living for them and their families, in accordance with the provisions of
This Pact;
b) safe and healthy working conditions;
(c)) the same opportunity for all to achieve promotion in employment on the
corresponding to a higher degree, and will not be applied other criteria,
than the length of employment and skills;
d) relaxation, recovery and reasonable limitation of working hours and periodic
paid vacation, as well as the remuneration in the days of public holidays.
8.
1. States parties undertake to ensure the Pact:
and the establishment of) the right of trade unions and the right to access
the trade unions of their choice, subject to only
the statutes of trade unions, to the implementation and protection of its
Economic and social interests. Exercise of this right must not be restricted
any restrictions except those which are provided for by law and which are
necessary in a democratic society in the interests of national security or
the public order, or to protect the rights and freedoms of others;
(b)) the right of trade unions to the establishment of the national federations or
Confederation and their right to create the International Trade Organization
or to join them;
(c)) the right of trade unions to the free functioning of, not subject to
to any restrictions except those which are provided for by law and which are
necessary in a democratic society in the interests of national security or
public order or to protect the rights and freedoms of others;
(d)), the right to strike, provided that it is exercised in accordance with the laws of
of the country concerned.
2. This article shall not impose legal restrictions of these rights for the performance
members of the armed forces or the police or administrative authorities of the State.
3. Nothing in this article shall not entitle the Contracting Parties to the Convention, the international
Organization of work of 1948 concerning freedom of Association and protection of
to organise to take legislative measures that prejudikovala
the guarantees provided for in this Convention, or apply the law in such a way
which of these guarantees, prejudikoval.
Article 9.
States, Contracting Parties to the Covenant recognize the right of everyone to social
security, including the right to social insurance.
Article 10.
States, Contracting Parties to the Covenant recognize that:
1. The widest possible protection and assistance should be provided to the family, which
It is the natural and fundamental group unit of society, particularly for its
establishment and when is responsible for the care and upbringing of minors.
The marriage must be concluded, on the basis of free consent of the spouses.
2. Special protection should be provided to mothers during
a reasonable period before and after the birth of a child. During this period, the
working mothers should be granted paid leave or leave with
the corresponding benefits from social security.
3. special measures should be taken for the protection and assistance to all children
and young people without any discrimination on the basis of the family of origin, or
other terms and conditions. Children and youth should be protected before the
the economic and social exploitation. Their employment papers,
that would be harmful to their morals or health or dangerous to their
life, or likely to hamper their normal development should be punishable
According to the law. States should also establish an age limit below which
children's job work should be prohibited and punished under the law.
Article 11.
1. States, Contracting Parties to the Covenant recognize the right of every individual to
a reasonable standard of living for him and his family, including
sufficient food, clothing, lodging, and the constant improvement of living
terms and conditions. The Contracting States shall take all appropriate steps to ensure
the implementation of this right, recognizing to this end, a major
the importance of international cooperation based on free consent.
2. States parties of the Covenant, recognizing the fundamental right of everyone to
relief from hunger, shall take, individually and on the basis of the international
cooperation measures, including specific programmes, which are
needed:
and) to improve methods of producing, storing and distribution of food, full
the use of technical and scientific knowledge, by disseminating knowledge of the principles of
nutrition and by developing or reforming of agricultural systems in such a
in a way, in order to achieve the most efficient development and utilization of natural
resources;
(b)) to ensure a fair distribution of world food supplies in relation
the need for taking into account the problems of both food-importing countries,
so countries that exported food.
Article 12.
1. States, Contracting Parties to the Covenant recognize the right of everyone to achieve
maximum attainable level of physical and mental health.
2. States parties shall take measures for the Pact, achieve full
the implementation of this law, which will include:
and) measures to reduce the number of miscarriages and infant mortality, and measures
to the healthy development of the child;
(b) all external pages) improvement of living conditions and industrial
hygiene;
(c)) the prevention, treatment and control of epidemic, local diseases, diseases of the
occupational and other diseases;
(d)) the creation of conditions that would ensure all medical assistance and care in
the case of the disease.
Article 13.
1. States, Contracting Parties to the Covenant recognize the right of everyone to education.
Agrees that education will be directed to the full development of the human personality and
the sense of its dignity, and the strengthening of respect for human rights and fundamental
freedoms.
Agree that education shall enable all persons to participate effectively in a free
companies contribute to the mutual understanding, tolerance and
friendship among all Nations and all racial, ethnic and religious
groups, as well as to the development activities of the United Nations
the preservation of peace.
2. States parties recognize that the Pact, with a view to achieving
the full realization of this right:
and basic education will be mandatory) and freely accessible to all;
b) secondary education in its different forms, including
technical and vocational secondary education, generally will be allowed and the
accessible for all and by all appropriate means, in particular, the gradual
the introduction of free education;
c) higher education will also be made available to all, in accordance with the
capabilities by all appropriate means, and in particular, the gradual introduction of
free education;
d) elementary education of persons who have not received or completed their basic
education will be encouraged or intensified;
(e)) will be at all levels actively work on development of the school system,
the introduction of an adequate system of scholarships and will be continuously improved
the material conditions of teaching staff.
3. States parties undertake to respect the Pact, the freedom of parents,
or guardians to choose for their children schools other than those
have been established by the public authorities, which conform to such minimum level
education, what is laid down or approved by the State, and ensure
religious and moral education of their children in conformity with their own
the conviction.
4. No part of this article is not to be construed as interference in the
the freedom of individuals and organizations to establish and manage educational institutions,
However, under the terms of the conservation principles set out in paragraph 1. 1 of this
Article and to the requirements that the education provided in such institutions has
correspond to the minimum level established by the State.
Article 14.
Each State party of the Covenant, which at the time when it becomes a Contracting
the party is not secure on the native territory, or in another territory
under its responsibility, compulsory free education, is committed to
develop and adopt within two years, a detailed plan of measures for the
progressive implementation of the principle of compulsory and free education for all,
within a reasonable time, which will be established in the plan.
Article 15.
1. States, Contracting Parties to the Covenant recognize the right of everyone:
and) participate in cultural life;
(b) to enjoy the fruits of scientific progress) and its use;
(c)) to enjoy the protection of the moral and material interests resulting from the
his scientific, literary or artistic production.
2. The measures to be taken by the States parties to the Covenant, to
achieve full implementation of this right, will include those
It is necessary for the conservation, development and diffusion of science and culture.
3. States parties undertake to respect the Pact, freedom,
necessary for scientific research and creative activity.
4. States parties of the Covenant recognize the benefits arising from the
the encouragement and development of international contacts and cooperation in the scientific and
cultural area.
Part IV.
Article 16.
1. States parties to the Pact, undertake, pursuant to the provisions
This part of the Covenant to submit reports on the measures taken and on progress
progress in complying with the rights recognized in the present Covenant.
2.
a) all reports shall be submitted to the Secretary-General of the Organization
the United Nations, who shall transmit copies thereof to the economic and Social Council
under the provisions of the Covenant.
(b)), the Secretary-General of the United Nations shall transmit a copy
messages or relevant excerpts of the reports of the States of the Contracting Parties of the Pact,
which are also members of professional organizations, these organizations, if
These messages or excerpts of them relate to any matter for which it is the
or she professional organisation appropriate according to their constituent
documents.
Article 17.
1. States parties shall report to the Pact, its messages sequentially according
the program, which will determine the economic and Social Council within one year from the
entry into force of this Act, after consultation with the Contracting States and the
relevant professional organisations.
2. reports may indicate factors and difficulties affecting the degree of fulfilment of the
commitments under this Covenant.
3. in those cases where the relevant information has already been submitted
Organization of the United Nations or of any of the professional organization of the State
a party to the Pact, it will not be necessary to repeat this information, but
the exact link is sufficient for this information.
Article 18.
In accordance with its responsibilities under the Charter of the United Nations
in the area of basic human rights and fundamental freedoms, the
Economic and Social Council with the specialized agencies of the UNITED NATIONS to agree to
her report on the progress achieved in compliance with the provisions of
the Pact, which fall within the framework of their activities. These messages can
include details of the decisions and recommendations adopted for the implementation of the
This task by their competent authorities.
Article 19.
Economic and Social Council may apply to the Commission for human rights
study and recommendations, where appropriate, to the General information of the message,
concerning human rights submitted by States in accordance with articles 16 and 17, or
specialized agencies under article 18.
Article 20.
States, Contracting Parties to the Pact, and the relevant professional organizations can
to submit to the economic and Social Council the comments to any of the
the General recommendation made under article 19 or reference to such
General recommendations contained in any report of the Commission on human rights,
or in any documentation, to which the message refers.
Article 21.
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
obtained from the States of the Contracting Parties of the Pact, and from specialized agencies,
the measures taken and on progress made in the overall respect for the rights,
recognized in the Covenant.
Article 22.
Economic and Social Council may invite the attention of other organs of the Organization
the United Nations, its specialized agencies and the child folders
engaged in the provision of technical assistance, on any matter
arising out of the reports referred to in this part of the Pact, which could
help-such authorities within their jurisdiction-you decide
about the appropriateness of international measures that could contribute to the effective and
the progressive implementation of the Covenant.
Article 23.
States, Contracting Parties to the Pact, agrees that international measures to
achieving the rights recognised in the present Covenant includes such methods as the
conclusion of conventions, the adoption of recommendations, the provision of technical assistance,
the venue of the regional and technical meetings for the purpose of the consultations, as well as
I study organized in conjunction with the relevant Governments.
Of article 24.
Nothing in this Covenant may be interpreted as if it weakened the
the provisions of the Charter of the United Nations and the statutes of the professional
the United Nations, which define the responsibilities of the various organs of the Organization
the United Nations and its specialized agencies in the field, which is
engaged in the Pact.
Article 25.
Nothing in this Covenant may be interpreted as if it weakens the natural
the right of all peoples to enjoy fully and freely their natural wealth and
sources.
Part V.
Article 26.
1. the present Covenant is open for signature by any Member State
The United Nations or member of any of its professional
the Organization of any State, a participant of the Statute of the International Court of
Justice, and any other State which has been by the General Assembly
The United Nations is invited to become a participant in this
The Pact.
2. This Pact will be ratified. The instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. The Pact is open to access any State referred to in paragraph 1.
1 of this article.
4. access shall be effected by 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 this Covenant or acceded to, imposing a
each instrument of ratification or instrument of accession.
27.
1. The Pact will take effect three months after the date of deposit of the thirty-fifth
instrument of ratification or instrument of accession with the Secretary-General of the
Of the United Nations.
2. for each State that will ratify the Pact or
After the imposition of the thirty-fifth instrument of ratification or instrument of
access, the Pact will take effect three months after the date of this State shall
instrument of ratification or instrument of accession.
Article 28.
The provisions of this Act apply to all parts of federal States
without any limitations or exceptions.
Article 29.
1. Any State party may propose an amendment to the Pact, the Pact and
submit it to the Secretary-General of the United Nations.
The Secretary General then acquainted with Amendment States, Contracting
the parties of the Pact, with the request that it be stated that the convening of the
the Conference of the parties to the Pact, which would assess the proposal and decided on
it. The Secretary-General shall convene the Conference under the auspices of the Organization
the United Nations said at least one-third of the States for its
the arrangement. Any amendment adopted by a majority of States present and
voting at the Conference shall be submitted to the General Assembly of the Organization
the United Nations for approval.
2. amendments shall take effect, shall be approved by the General Assembly
The United Nations and accepted by a two-thirds majority of the States,
which are parties to the Covenant in accordance with their constitutional rules.
3. the effectiveness of the changes Shall become binding for the Contracting
the parties Covenant that is adopted, while the other parties will be
Furthermore, bound only the provisions of this Covenant and any earlier amendment,
they have already adopted.
Article 30.
Regardless of the statements made under article 26, paragraph 2. 5, General
the Secretary-General shall inform all States referred to in paragraph 1. 1 of the same article:
and the signatures and ratification) papers and instruments of access by
Article 26;
(b)) of the date when the Pact takes effect in accordance with article 27 and the date on which
the change takes effect in accordance with article 29.
Article 31.
1. the present Covenant, of which the Chinese, English, French, Russian and
the Spanish are equally authentic, will be deposited in the archives of the Organization
of the United Nations.
2. the Secretary-General of the United Nations shall send a certified fingerprint
This Covenant to all States referred to in article 26.
