Nothing in this article shall
prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal
according to the general principles of law recognized by the
community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a
person before the law.
Article 17
- No one shall be subjected to
arbitrary or unlawful interference with his privacy, family,
home or correspondence, nor to unlawful attacks on his honour
and reputation.
- Everyone has the right to the
protection of the law against such interference or attacks.
Article 18
- Everyone shall have the right to
freedom of thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or belief of his
choice, and freedom, either individually or in community with
others and in public or private, to manifest his religion or
belief in worship, observance, practice and teaching.
- No one shall be subject to coercion
which would impair his freedom to have or to adopt a religion or
belief of his choice.
- Freedom to manifest one's religion
or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety,
order, health, or morals or the fundamental rights and freedoms
of others.
- The States Parties to the present
Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to ensure the religious
and moral education of their children in conformity with their
own convictions.
Article 19
- Everyone shall have the right to
hold opinions without interference.
- Everyone shall have the right to
freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any other media of his choice.
- The exercise of the rights provided
for in paragraph 2 of this article carries with it special
duties and responsibilities. It may therefore be subject to
certain restrictions, but these shall only be such as are
provided by law and are necessary:
- For respect of the rights or
reputations of others;
- For the protection of national
security or of public order (ordre public), or of public health
or morals.
Article 20
- Any propaganda for war shall be
prohibited by law.
- Any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No
restrictions may be placed on the exercise of this right other
than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the
rights and freedoms of others.
Article 22
- Everyone shall have the right to
freedom of association with others, including the right to form
and join trade unions for the protection of his interests.
- No restrictions may be placed on the
exercise of this right other than those which are prescribed by
law and which are necessary in a democratic society in the
interests of national security or public safety, public order
(ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others. This article
shall not prevent the imposition of lawful restrictions on
members of the armed forces and of the police in their exercise
of this right.
- Nothing in this article shall
authorize States Parties to the International Labour
Organization Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take
legislative measures which would prejudice, or to apply the law
in such a manner as to prejudice, the guarantees provided for in
that Convention.
Article 23
- The family is the natural and
fundamental group unit of society and is entitled to protection
by society and the State.
- The right of men and women of
marriageable age to marry and to found a family shall be
recognized.
- No marriage shall be entered into
without the free and full consent of the intending spouses.
- States Parties to the present
Covenant shall take appropriate steps to ensure equally of
rights and responsibilities of spouses as to marriage, during
marriage and at its dissolution. In the case of dissolution,
provision shall be made for the necessary protection of any
children.
Article 24
- Every child shall have, without any
discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such
measures of protection as are required by his status as a minor,
on the part of his family, society and the State.
- Every child shall be registered
immediately after birth and shall have a name.
- Every child has the right to
acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without
any of the distinctions mentioned in article 2 and without
unreasonable restrictions:
- To take part in the conduct of
public affairs, directly or through freely chosen
representatives;
- To vote and to be elected at genuine
periodic elections which shall be by universal and equal suffrage
and shall be held by secret ballot, guaranteeing the free
expression of the will of the electors;
- To have access, on general terms of
equality, to public service in his country.
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this
respect, the law shall prohibit any discrimination and guarantee
to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex,
language, religion, political or other opinion, national or
social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities shall not
be denied the right, in community with the other members of
their group, to enjoy their own culture, to profess and practice
their own religion, or to use their own language.
PART IV
Article 28
- There shall be established a Human
Rights Committee (hereafter referred to in the present Covenant
as the Committee). It shall consist of eighteen members and
shall carry out the functions hereinafter provided.
- The Committee shall be composed of
nationals of the States Parties to the present Covenant who
shall be persons of high moral character and recognized
competence in the field of human rights, consideration being
given to the usefulness of the participation of some persons
having legal experience.
- The members of the Committee shall
be elected and shall serve in their personal capacity.
Article 29
- The members of the Committee shall
be elected by secret ballot from a list of persons possessing
the qualifications prescribed in article 28 and nominated for
the purpose by the States Parties to the present Covenant.
- Each State Party to the present
Covenant may nominate not more than two persons. These persons
shall be nationals of the nominating State.
- A person shall be eligible for
renomination.
Article 30
- The initial election shall be held
no later than six months after the date of the entry into force
of the present Covenant.
- At least four months before the date
of each election to the Committee, other than an election to fill
a vacancy declared in accordance with article 34, the
Secretary-General of the United Nations shall address a written
invitation to the States Parties to the present Covenant to
submit their nominations for membership of the Committee within
three months.
- The Secretary-General of the United
Nations shall prepare a list in alphabetical order of all the
persons thus nominated, with an indication of the States Parties
which have nominated them, and shall submit it to the States
Parties to the present Covenant no later than one month before
the date of each election.
- Elections of the members of the
Committee shall be held at a meeting of the States Parties to
the present Covenant convened by the Secretary-General of the
United Nations at the Headquarters of the United Nations. At
that meeting, for which two thirds of the States Parties to the
present Covenant shall constitute a quorum, the persons elected
to the Committee shall be those nominees who obtain the largest
number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
Article 31
- The Committee may not include more
than one national of the same State.
- In the election of the committee,
consideration shall be given to equitable geographical
distribution of membership and to the representation of the
different forms of civilization and of the principal legal
systems.
Article 32
- The members of the Committee shall
be elected for a term of four years. They shall be eligible for
re-election if renominated. However, the terms of nine of the
members elected at the first election shall expire at the end of
two years; immediately after the first election, the names of
these nine members shall be chosen by lot by the chairman of the
meeting referred to in article 30, paragraph 4.
- Elections at the expiry of office
shall be held in accordance with the preceding articles of this
part of the present Covenant.
Article 33
- If, in the unanimous opinion of the
other members, a member of the Committee has ceased to carry out
his functions for any cause other than absence of a temporary
character, the Chairman of the Committee shall notify the
Secretary-General of the United Nations, who shall then declare
the seat of that member to be vacant.
- In the event of the death or the
resignation of a member of the Committee, the Chairman shall
immediately notify the Secretary-General of the United Nations,
who shall declare the seat vacant from the date of death or the
date on which the resignation takes effect.
Article 34
- When a vacancy is declared in
accordance with article 33 and if the term of office of the
member to be replaced does not expire within six months of the
declaration of the vacancy, the Secretary-General of the United
Nations shall notify each of the States Parties to the present
Covenant, which may within two months submit nominations in
accordance with article 29 for the purpose of filling the
vacancy.
- The Secretary-General of the United
Nations shall prepare a list in alphabetical order of the
persons thus nominated and shall submit it to the States Parties
to the present Covenant. The election to fill the vacancy shall
then take place in accordance with the relevant provisions of
this part of the present Covenant.
- A member of the Committee elected to
fill a vacancy declared in accordance with article 33 shall hold
office for the remainder of the term of the member who vacated the
seat on the Committee under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of the
General Assembly of the United Nations, receive emoluments from
United Nations resources on such terms and conditions as the
General Assembly may decide, having regard to the importance of
the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of
the functions of the Committee under the present Covenant.
Article 37
- The Secretary-General of the United
Nations shall convene the initial meeting of the Committee at
the Headquarters of the United Nations.
- After its initial meeting, the
Committee shall meet at such time as shall be provided in its
rules of procedure.
- The Committee shall normally meet at
the Headquarters of the United Nations or at the United Nations
Office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties,
make a solemn declaration in open committee that he will perform
his functions impartially and conscientiously.
Article 39
- The Committee shall elect its
officers for a term of two years. They may be re-elected.
- The Committee shall establish its
own rules of procedure, but these rules shall provide, inter
alia, that:
- Twelve members shall constitute a
quorum;
- Decisions of the committee shall
be made by a majority vote of the members present.
Article 40
- The States Parties to the present
Covenant undertake to submit reports on the measures they have
adopted which give effect to the rights recognized herein and on
the progress made in the enjoyment of those rights:
- Within one year of the entry into
force of the present Covenant for the States Parties
concerned;
- Thereafter whenever the Committee
so requests.
- All reports shall be submitted to
the Secretary-General of the United Nations, who shall transmit
them to the Committee for consideration. Reports shall indicate
the factors and difficulties, if any, affecting the
implementation of the present Covenant.
- The Secretary-General of the United
Nations may, after consultation with the Committee, transmit to
the specialized agencies concerned copies of such parts of the
reports as may fall within their field of competence.
- The Committee shall study the
reports submitted by the States Parties to the present
Covenant. It shall transmit its reports, and such general
comments as it may consider appropriate, to the States Parties.
The Committee may also transmit to the Economic and Social
Council these comments along with the copies of the reports it
has received from States Parties to the present Covenant.
- The States Parties to the present
Covenant may submit to the Committee observations on any
comments that may be made in accordance with paragraph 4 of this
article.
Article 41
- A State Party to the present
Covenant may at any time declare under this article that it
recognizes the competence of the Committee to receive and
consider communications to the effect that a State Party claims
that another State Party is not fulfilling its obligations under
the present Covenant. Communications under this article may be
received and considered only if submitted by a State Party which
has made a declaration recognizing in regard to itself the
competence of the Committee. No communication shall be received
by the Committee if it concerns a State Party which has not made
such a declaration. Communications received under this article
shall be dealt with in accordance with the following procedure:
- If a State Party to the present
Covenant considers that another State Party is not giving effect
to the provisions of the present Covenant, it may, by written
communication, bring the matter to the attention of that State
Party. Within three months after the receipt of the
communication, the receiving State shall afford the State which
sent the communication an explanation or any other statement in
writing clarifying the matter, which should include, to the
extent possible and pertinent, reference to domestic procedures
and remedies taken, pending, or available in the matter.
- If the matter in not adjusted to
the satisfaction of both States Parties concerned within six
months after the receipt by the receiving State of the initial
communication, either State shall have the right to refer the
matter to the Committee, by notice given to the Committee and to
the other State.
- The Committee shall deal with a
matter referred to it only after it has ascertained that all
available domestic remedies have been invoked and exhausted in
the matter, in conformity with the generally recognized
principles of international law. This shall not be the rule
where the application of the remedies is unreasonably
prolonged.
- The Committee shall hold closed
meetings when examining communications under this article.
- Subject to the provisions of
subparagraph (c), the Committee shall make available its good
offices to the States Parties concerned with a view to a
friendly solution of the matter on the basis of respect for
human rights and fundamental freedoms as recognized in the
present Covenant.
- In any matter referred to it, the
Committee may call upon the States Parties concerned, referred
to in subparagraph (b), to supply any relevant information.
- The States Parties concerned,
referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered in the Committee
and to make submissions orally and/or in writing.
- The Committee shall, within twelve
months after the date of receipt of notice under subparagraph
(b), submit a report:
- If a solution within the terms
of subparagraph (e) is reached, the Committee shall confine its
report to a brief statement of the facts and of the solution
reached;
- If a solution within the terms
of subparagraph (e) is not reached, the Committee shall confine
its report to a brief statement of the facts the written
submissions and record of the oral submissions made by the
States Parties concerned shall be attached to the report.
In every matter, the report shall be communicated to the States
Parties concerned.
- The provisions of this article shall
come into force when ten States Parties to the present Covenant
have made declarations under paragraph 1 of this article. Such
declarations shall be deposited by the States Parties with the
Secretary-General of the United Nations, who shall transmit copies
thereof to the other States Parties. A declaration may be
withdrawn at any time by notification to the Secretary-General.
Such a withdrawal shall not prejudice the consideration of any
matter which is the subject of a communication already transmitted
under this article; no further communication by any State Party
shall be received after the notification of withdrawal of the
declaration has been received by the Secretary-General, unless the
State Party concerned has made a new declaration.
Article 42
-
- If a matter referred to the
Committee in accordance with article 41 is not resolved to the
satisfaction of the States Parties concerned, the Committee may,
with the prior consent of the States Parties concerned, appoint
an ad hoc Conciliation Commission (hereinafter referred to as
the Commission). The good offices of the Commission shall be
made available to the States Parties concerned with a view to an
amicable solution of the matter on the basis of respect for the
present Covenant;
- The Commission shall consist of
five persons acceptable to the States Parties concerned. If the
States Parties concerned fail to reach agreement within three
months on all or part of the composition of the Commission, the
members of the Commission concerning whom no agreement has been
reached shall be elected by secret ballot by a two-thirds
majority vote of the Committee from among its members.
- The members of the Commission shall
serve in their personal capacity. They shall not be nationals of
the States Parties concerned, or of a State not party to the
present Covenant, or of a State Party which has not made a
declaration under Article 41.
- The Commission shall elect its own
Chairman and adopt its own rules of procedure.
- The meetings of the Commission shall
normally be held at the Headquarters of the United Nations or at
the United Nations Office at Geneva. However, they may be held at
such other convenient places as the Commission may determine in
consultation with the Secretary-General of the United Nations and
the States Parties concerned.
- The secretariat provided in
accordance with article 36 shall also service the commissions
appointed under this article.
- The information received and
collated by the Committee shall be made available to the
Commission and the Commission may call upon the States Parties
concerned to supply any other relevant information.
- When the Commission has fully
considered the matter, but in any event not later than twelve
months after having been seized of the matter, it shall submit
to the Chairman of the Committee a report for communication to
the States Parties concerned:
- If the Commission is unable to
complete its consideration of the matter within twelve months,
it shall confine its report to a brief statement of the status
of its consideration of the matter.
- If an amicable solution to the
matter on the basis of respect for human rights as recognized in
the present Covenant is reached, the Commission shall confine
its report to a brief statement of the facts and of the solution
reached;
- If a solution within the terms of
subparagraph (b) is not reached, the Commission's report shall
embody its findings on all questions of fact relevant to the
issues between the States Parties concerned, and its views on
the possibilities of an amicable solution of the matter. This
report shall also contain the written submissions and a record
of the oral submissions made by the States Parties concerned;
- If the Commission's report is
submitted under subparagraph (c), the States Parties concerned
shall, within three months of the receipt of the report, notify
the Chairman of the Committee whether or not they accept the
contents of the report of the Commission.
- The provisions of this article are
without prejudice to the responsibilities of the Committee under
article 41.
- The States Parties concerned shall
share equally all the expenses of the members of the Commission
in accordance with estimates to be provided by the
Secretary-General of the United Nations.
- The Secretary-General of the United
Nations shall be empowered to pay the expenses of the members of
the Commission, if necessary, before reimbursement by the States
Parties concerned, in accordance with paragraph 9 of this
article.
Article 43
The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 42, shall be
entitled to the facilities, privileges and immunities of experts
on mission for the United Nations as laid down in the relevant
sections of the Convention on the Privileges and Immunities of
the United Nations.
Article 44
The provisions for the implementation of the present Covenant
shall apply without prejudice to the procedures prescribed in
the field of human rights by or under the constituent
instruments and the conventions of the United Nations and of the
specialized agencies and shall not prevent the States Parties to
the present Covenant from having recourse to other procedures
for settling a dispute in accordance with general or special
international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social council, an annual
report on its activities.
PART V
Article 46
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 specialized agencies in regard to the matters
dealt with in the present Covenant.
Article 47
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 VI
Article 48
- 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.
- The present Covenant is subject to
ratification. Instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
- The present Covenant shall be open
to accession by any State referred to in paragraph 1 of this
article.
- Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General
of the United Nations.
- The Secretary-General of the United
Nations shall inform all States which have signed this Covenant
or acceded to it of the deposit of each instrument of
ratification or accession.
Article 49
- 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.
- 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 50
The provisions of the present Covenant shall extend to all parts of
federal States without any limitations or exceptions.
Article 51
- 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
of the United Nations 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 on 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.
- 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
State Parties to the present Covenant in accordance with their
respective constitutional processes.
- 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 52
Irrespective of the notifications made under article 48,
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:
- Signatures, ratifications and
accessions under article 48;
- The date of the entry into force of
the present Covenant under article 49 and the date of the entry
into force of any amendments under article 51.
Article 53
- 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.
- The Secretary-General of the United
Nations shall transmit certified copies of the present Covenant
to all States referred to in article 48.
(Signatures)
Created on July 7, 1994 / Last edited on January 25,
1997