International Covenant on Economic, Social and Cultural Rights Detailed Notes

International Covenant on Economic, Social and Cultural Rights

Overview

• Adoption and Entry into Force:
  • Adopted by the General Assembly resolution 2200A (XXI) on December 16, 1966.
  • Entered into force on January 3, 1976, per Article 27.

Preamble

• Fundamental Principles:
  • States recognize the inherent dignity and rights of all human beings as the foundation of freedom, justice, and peace.
  • Recognition of economic, social, cultural, civil, and political rights is essential for achieving freedom from fear and want.
  • States must promote universal respect for human rights.

PART I: Rights of Peoples

Article 1: Right to Self-Determination

• Self-Determination:
  • All peoples have the right to freely determine their political status and pursue their economic, social, and cultural development.
  • Peoples may freely dispose of their natural wealth/resources without prejudice to international obligations.

PART II: Implementation and Guarantee of Rights

Article 2: General Obligations

1. Implementation Steps: States commit to achieving rights progressively with maximum available resources.
2. Non-Discrimination: Rights shall be guaranteed without discrimination.
3. Economic Rights for Non-Nationals: Developing countries may determine the extent of guarantees to non-nationals.

Article 3: Gender Equality

• States must ensure equal rights for men and women in all economic, social, and cultural rights.

Article 4: Limitations of Rights

• Rights may be limited by law to promote general welfare in a democratic society.

Article 5: Prohibition of Destruction of Rights

1. Rights Protection: No state or group can act to destroy any rights recognized in the Covenant.
2. No Derogation: No derogation from fundamental human rights on the basis of lesser recognition in the Covenant.

PART III: Specific Rights

Article 6: Right to Work

1. Opportunity to Work: Everyone has the right to work freely chosen or accepted, with safeguarding measures by the State.
2. Support for Employment: States must provide vocational training, policies for social development, and employment opportunities.

Article 7: Working Conditions

• Must ensure:
  • Fair wages/equal remuneration for equal work, including protections for women.
  • Safe and healthy working conditions.
  • Opportunities for promotion based on competence.
  • Rest, leisure, and reasonable working hours.

Article 8: Trade Union Rights

1. Formation and Joining: Right to form/join trade unions.
2. Functioning Freedoms: Trade unions can establish federations; the right to strike is recognized.
3. Restrictions: Certain restrictions may apply to military/police personnel.

Article 9: Social Security

• Right to social security, including social insurance.

Article 10: Family Protection

1. Family Rights: The family must receive wide protection and assistance.
2. Mother's Rights: Special protections for mothers before/after childbirth.
3. Child Protection: Children must be protected from exploitation/harmful work.

Article 11: Right to an Adequate Standard of Living

1. Basic Needs: The right to adequate food, clothing, housing, and improvement of living conditions.
2. Freedom from Hunger: The fundamental right to be free from hunger.

Article 12: Right to Health

1. Highest Standard of Health: Right to the highest attainable standard of physical and mental health.
2. State Actions: Steps include reducing infant mortality, improving hygiene, preventing diseases, and ensuring access to medical services.

Article 13: Right to Education

1. Education for Development: Education must promote human dignity and equip individuals to participate in society.
2. Access to Education:
   • Compulsory primary education free to all.
   • Accessibility of secondary and higher education based on capacity.

Article 14: Action Plan for Education

• States unable to provide free primary education must develop a plan within two years.

Article 15: Cultural Rights

1. Cultural Participation: Right to participate in cultural life and benefit from scientific progress.
2. Preservation and Promotion: Steps must be taken to conserve and diffuse culture and promote international cooperation in science and culture.

PART IV: Reporting and Monitoring

Article 16: Reporting Procedures

• States must report on measures taken to promote rights recognized in the Covenant.

Article 17: Staged Reporting

• Reports will be submitted in stages for monitoring progress.

Article 18: Council Responsibilities

• Economic and Social Council may coordinate reporting efforts to monitor implementation of rights.

PART V: Final Provisions

Article 26: Signature and Ratification

1. Open to Membership: Available for signature by UN member states and other invited states.
2. Ratification Process: Instruments of ratification deposited with the UN Secretary-General.

Article 27: Entry into Force

• The Covenant enters into force three months after the thirtieth ratification.

Article 28: Federal States Inclusion

• Covenant provisions extend to all parts of federal states.

Article 29: Amendments to Covenant

• States can propose amendments, requiring a vote at a conference of States Parties.

Article 31: Multiple Texts

• Authentic texts available in several languages (Chinese, English, French, Russian, Spanish).