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L. International human rights law

1. Universal Declaration of Human Rights

a. CONCEPT

The Universal Declaration of Human Rights (UDHR) is “a milestone document in the history of human rights.” The document  “sets out, for the first time, fundamental human rights to be universally protected.” (United Nations, Universal Declaration of Human Rights, https://www.un.org/en/about-us/universal-declaration-of-human-rights)

b. HUMAN RIGHTS

1) Born free and equal in dignity and rights

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. (Article 1, Universal Declaration of Human Rights)

2) Entitlement to right without discrimination

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. (Article 2, Ibid.)

3) Right to life, liberty, and security of persons

Everyone has the right to life, liberty and security of person. (Article 3, Ibid.)

4) Right against slavery

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. (Article 4, Ibid.)

5) Right against torture, cruel, inhuman, degrading treatment or punishment

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (Article 5, Ibid.)

6) Right to be recognized as a person before the law

Everyone has the right to recognition everywhere as a person before the law. (Article 6, Ibid.)

7) Right to equal protection of the law

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. (Article 7, Ibid.)

8) Right to effect8ive remedy byy comptent national tribunals

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. (Article 8, Ibid.)

9) Right against arbitrary arrest, detention, or exile

No one shall be subjected to arbitrary arrest, detention or exile. (Article 9, Ibid.)

10) Right to fair and public hearing

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. (Article 10, Ibid.)

11) Right to be presumed innocent

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (Article 11, Ibid.)

No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. (Paragraph 2, Article 11, Ibid.)

12) Right to privacy

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. (Article 12, Ibid.)

13) Right to freedom of movement

Everyone has the right to freedom of movement and residence within the borders of each state. (Article 13, Ibid.)

Everyone has the right to leave any country, including his own, and to return to his country. (Paragraph 2, Article 13, Ibid.)

14) Right to asylum

Everyone has the right to seek and to enjoy in other countries asylum from persecution. (Article 14, Ibid.)

This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. (Paragraph 2, Article 14, Ibid.)

15) Right to a nationality

Everyone has the right to a nationality. (Article 15, Ibid.)

No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. (Paragraph 2, Article 15, Ibid.)

16) Right to marry and found a family

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (Article 16, Ibid.)

Marriage shall be entered into only with the free and full consent of the intending spouses. (Paragraph 2, Article 16, Ibid.)

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. (Paragraph 3, Article 16, Ibid.)

17) Right to own property

Everyone has the right to own property alone as well as in association with others. (Article 17, Ibid.)

No one shall be arbitrarily deprived of his property. (Paragraph 2, Article 17, Ibid.)

18) Right to own property

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. (Article 18, Ibid.)

19) Right to freedom of opinion and expression

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. (Article 19, Ibid.)

20) Right to freedom of peaceful assembly and association

Everyone has the right to freedom of peaceful assembly and association. (Article 20, Ibid.)

No one may be compelled to belong to an association. (Paragraph 2, Article 20, Ibid.)

21) Right to participate in governance and equal access to public service

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (Article 21, Ibid.)

Everyone has the right of equal access to public service in his country. (Paragraph 2, Article 21, Ibid.)

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (Paragraph 3, Article 21, Ibid.)

22) Right to social security

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. (Article 22, Ibid.)

23) Right to work

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (Article 23, Ibid.)

Everyone, without any discrimination, has the right to equal pay for equal work. (Paragrah 2, Article 23, Ibid.)

Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (Paragraph 3, Article 23, Ibid.)

Everyone has the right to form and to join trade unions for the protection of his interests. (Paragraph 4, Article 23, Ibid.)

24) Right to rest and leisure

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. (Article 24, Ibid.)

25) Right to a standard of living

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (Article 25, Ibid.)

Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. (Paragraph 2, Article 25, Ibid.)

26) Right to education

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (Article 26, Ibid.)

Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (Paragraph 2, Article 26, Ibid.)

Parents have a prior right to choose the kind of education that shall be given to their children. (Paragraph 3, Article 26, Ibid.)

27) Right to freely participate in cultural life

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (Article 27, Ibid.)

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. (Paragraph 2, Article 27, Ibid.)

28) Right to social and international order

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. (Article 28, Ibid.)

29) Duties to the community

Everyone has duties to the community in which alone the free and full development of his personality is possible. (Article 29, Ibid.)

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (Paragraph 2, Article 29, Ibid.)

These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. (Paragraph 3, Article 29, Ibid.)

30) Duty of States

Nothing in this Declaration 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 and freedoms set forth herein. (Article 30, Ibid.)

2. International Covenant on Civil and Political Rights

a. CIVIL AND POLITICAL RIGHTS

1) Right of self-determination

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. (Article 1[1], International Covenant on Civil and Political Rights)

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. (Article 1[2], Ibid.)

2) Right against discrimination

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (Article 2[1], Ibid.)

3) Right to access to justice

Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted. (Article 2[3], Ibid.)

4) Right of equality between men and women

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. (Article 3, Ibid.)

5) Right against derogation of fundamental human rights

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 perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. (Article 5[2], Ibid.)

2) There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent. (Article 5[2], Ibid.)

6) Right to life

1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. (Article 6[1], Ibid.)

2) Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. (Article 6[4], Ibid.)

3) Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. (Article 6[5], Ibid.)

7) Right against torture, cruel, inhuman, or degrading treatment or punishment

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. (Article 7, Ibid.)

8) Right against slavery

1) No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. (Article 8[1], Ibid.)

2) No one shall be held in servitude. (Article 8[2], Ibid.)

3) (a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term “forced or compulsory labour” shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations. (Article 8[3], Ibid.)

9) Right to liberty and security of person

1) Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. (Article 9[1], Ibid.)

2) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. (Paragraph 2, Article 9[2], Ibid.)

3) Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. (Paragraph 3, Article 9[2], Ibid.)

4) Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. (Paragraph 4, Article 9[2], Ibid.)

5) Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. (Paragraph 5, Article 9[2], Ibid.)

10) Right to be treated with humanity

1) All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. (Article 10, Ibid.)

2) (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. (Paragraph 2, Article 10, Ibid.)

11) Right against imprisonment for non-fullment of contractual obligation

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. (Article 11, Ibid.)

12) Right to liberty of movement and freedom to chose residence

1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. (Article 12[1], Ibid.)

2) Everyone shall be free to leave any country, including his own. (Article 12[2], Ibid.)

3) The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. (Article 12[3], Ibid.)

4) No one shall be arbitrarily deprived of the right to enter his own country. (Article 12[4], Ibid.)

13) Right to due process prior to expulsion from a country

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority. (Article 13, Ibid.)

14) Right to equality before courts and tribunal, to be presumed innocent, to be informed of charges, etc.

1) All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. (Article 14[1], Ibid.)

2) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. (Article 14[2], Ibid.)

3) In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt. (Article 14[3], Ibid.)

4) In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. (Article 14[4], Ibid.)

5) Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. (Article 14[5], Ibid.)

6) When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. (Article 14[6], Ibid.)

7) No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. (Article 14[7], Ibid.)

15) Right against ex post facto law

1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby. (Article 15[1], Ibid.)

2) 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 15[2], Ibid.)

16) Right to be recognized as a person before the law

Everyone shall have the right to recognition everywhere as a person before the law. (Article 16, Ibid.)

17) Right to privacy

1) 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. (Article 17[1], Ibid.)

2) Everyone has the right to the protection of the law against such interference or attacks. (Article 17[2], Ibid.)

18) Right to freedom of thought, conscience and religion

1) 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. (Article 18[1], Ibid.)

2) No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. (Article 18[2], Ibid.)

3) 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. (Article 18[3], Ibid.)

4) 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 18[4], Ibid.)

19) Right to hold opinions

1) Everyone shall have the right to hold opinions without interference. (Article 19[1], Ibid.)

2) 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. (Article 19[2], Ibid.)

3) 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:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals. (Article 19[3], Ibid.)

20) Right against propaganda for war

1) Any propaganda for war shall be prohibited by law. (Article 20[1], Ibid.)

2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. (Article 20[2], Ibid.)

21) Right of peaceful assembly

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 21, Ibid.)

22) Right to freedom of association

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. (Article 22[1], Ibid.)

23) Right to marry and found a family

1) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. (Article 23[1], Ibid.)

2) The right of men and women of marriageable age to marry and to found a family shall be recognized. (Article 23[2], Ibid.)

3) No marriage shall be entered into without the free and full consent of the intending spouses. (Article 23[3], Ibid.)

24) Right of children to protection, name, and nationality

1) 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. (Article 24[1], Ibid.)

2) Every child shall be registered immediately after birth and shall have a name. (Article 24[2], Ibid.)

3) Every child has the right to acquire a nationality. (Article 24[3], Ibid.)

25) Right to participate in governance, vote, and access to public service

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) 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;

(c) To have access, on general terms of equality, to public service in his country. (Article 25, Ibid.)

26) Right to equal protection before the law

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 26, Ibid.)

27) Right of minorities to practice their culture, religion, and language

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 practise their own religion, or to use their own language. (Article 27, Ibid.)

3. International Covenant on Economic, Social and Cultural Rights

a. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

1) Right of self-determination

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. (Article 1[1], International Covenant on Economic, Social and Cultural Rights)

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. (Article 1[2], Ibid.)

1) Right to guarantee economic rights

1) Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, 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. (Article 2[1], Ibid.)

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. (Article 2[2], Ibid.)

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 2[3], Ibid.)

3) Right to equality of men and women

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 3, Ibid.)

4) Right of State to limit rights (herein)

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. (Article 4, Ibid.)

5) Right against derogation of existing rights or freedom

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. (Article 5[1], Ibid.)

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. (Article 5[2], Ibid.)

6) Right to work

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. (Article 6[1], Ibid.)

7) Right to enjoy just and favorable conditions of work

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;

(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

8) Right to form trade unions and join trade union of choice

The States Parties to the present Covenant undertake to ensure:

1) 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;

2) 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;

3) 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;

4) The right to strike, provided that it is exercised in conformity with the laws of the particular country. (Article 8[1], Ibid.)

9) Right to social security

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance. (Article 9, Ibid.)

10) Right to family

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. (Article 10[3], Ibid.)

11) Right to an adequate standard of living

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 co-operation based on free consent. (Article 11[1], Ibid.)

12) Right to enjoy highest attain able standard of physical and mental health

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. (Article 12[1], Ibid.)

13) Right to education

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. (Article 13[1], Ibid.)

14) Right to compulsory primary education

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. (Article 14, Ibid.)

15) Right to take part in cultural life, enjoy scientific progress and its application, etc.

The States Parties to the present Covenant recognize the right of everyone:

1) To take part in cultural life;

2) To enjoy the benefits of scientific progress and its applications;

3) 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. (Article 15[1], Ibid.)

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