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)
Document text from United Nations Gopher.
Created on July 7, 1994