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Sovereign Law Series

New York “International
Covenant on Economic Social
and Cultural Rights” of 1966


Short-Form Reference:

1976 “Covenant on Economic Social & Cultural Rights”

In-Line Micro Reference:

1976 “Economic & Social Rights”

Ratification / Registration:

UN-GA Res. 2200-A (XXI) New York (16 Dec 1966)


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Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

International Covenant on Economic Social and Cultural Rights

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.
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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 cooperation, 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, 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 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.



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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;

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(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.



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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 cooperation 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
cooperation, the measures, including specific programmes, which are needed:

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(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:

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(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 1 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.



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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 cooperation
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.


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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.



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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.



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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.



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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 1 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.



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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.