The international Bill of Rights (UDHR,

ICCPR, ICESCR)
The Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights (UDHR) is a milestone document in the
history of human rights. Drafted by representatives with different legal and
cultural backgrounds from all regions of the world, it set out, for the first time,
fundamental human rights to be universally protected.
The power of the Universal Declaration is the power of ideas to change the world.
It inspires us to continue working to ensure that all people can gain freedom,
equality and dignity. The Declaration was adopted by the UN General Assembly in
Paris on 10 December 1948 during its 183rd plenary meeting (General Assembly
resolution 217 A.) as a common standard of achievements for all peoples and all
nations. It sets out, for the first time, fundamental human rights to be universally
protected and it has been translated into over 500 languages.

Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has been proclaimed as the highest
aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion
against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental
human rights, in the dignity and worth of the human person and in the equal rights of men and women
and have determined to promote social progress and better standards of life in larger freedom.
Background of UDHR
The Universal Declaration of Human Rights (UDHR) is a document that acts
like a global road map for freedom and equality – protecting the rights of every
individual, everywhere. It was the first-time countries agreed on the freedoms
and rights that deserve universal protection in order for every individual to live
their lives freely, equally and in dignity.

The UDHR was adopted by the newly established United Nations on 10

December 1948, in response to the “barbarous acts which […] outraged the
conscience of mankind” during the Second World War. Its adoption
recognized human rights to be the foundation for freedom, justice and peace.

Work on the UDHR began in 1946, with a drafting committee composed of

representatives of a wide variety of countries, including the USA, Lebanon
and China. The drafting committee was later enlarged to include
representatives of Australia, Chile, France, the Soviet Union and the United
Kingdom, allowing the document to benefit from contributions of states from
all regions, and their diverse religious, political and cultural contexts. The
UDHR was then discussed by all members of the UN Commission on Human
Rights and finally adopted by the General Assembly in 1948.

The Declaration outlines 30 rights and freedoms that belong to all of us and
that nobody can take away from us. The rights that were included continue to
form the basis for international human rights law. Today, the Declaration
remains a living document. It is the most translated document in the world.

Brief Narration about UDHR

Article 1
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 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of
any kind, such as race, color, 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 3
Everyone has the right to life, liberty and security of person.

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

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

Article 6
Everyone has the right to recognition everywhere as a person before the law.

Article 7
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 8
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 9
No one shall be subjected to arbitrary arrest, detention or exile.

Article 10
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 11
 1. 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 defense.
2. 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.

Article 12
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 13
1. Everyone has the right to freedom of movement and residence within the borders of each
state.
2. Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. 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.

Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

Article 16
1. 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.
2. Marriage shall be entered into only with the free and full consent of the intending
spouses.
3. The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article 18
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 19
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 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

Article 21
1. Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
2. Everyone has the right of equal access to public service in his country.
3. 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.

Article 22
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 23
1. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
 3. 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.
4. Everyone has the right to form and to join trade unions for the protection of his interests.

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

Article 25
1. 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.
2. 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.

Article 26
1. 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.
2. 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.
3. Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27
1. 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.
2. 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.

Article 28
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 29
1. Everyone has duties to the community in which alone the free and full development of
his personality is possible.
2. 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.
3. These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30
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.

The Declaration consists of the following:

The preamble of the Declaration outlines the social and historical factors that
led to the formation of the Universal Declaration of Human Rights.

Article 1: Free and equal

All humans are born free and equal, and they should all be treated equally.

Article 2: Freedom from discrimination

Everyone is entitled to claim their rights, regardless of their sexual orientation,

socioeconomic status, religion, ethnicity, or language.

 Civil and Political Rights: Articles 3 to 21

Article 3: Right to life

Everyone has the right to life, as well as the right to live in a free and secure
environment.

Article 4: Freedom from slavery

No one has the right to treat anyone as a slave, and you have no right to
enslave anyone.

Article 5: Freedom from torture

No one human being has the right to subject any human being to torture.

Article 6: Right to recognition before the law

Each and every individual should be legally protected by law.

Article 7: Right to equality before the law

The law is the same for everyone and it should be applied in the same way to
everyone without any discrimination.

Article 8: Access to justice

When the rights of individuals are violated, they have every right to seek legal
aid.

Article 9: Freedom from arbitrary detention

No individual has the authority to arbitrarily arrest or detain any individual, or

deport them from their nation.

Article 10: Right to a fair trial

Trials should be open to the public and conducted fairly by an impartial and
independent tribunal.

Article 11: Presumption of innocence

Until an individual is to be proven guilty in a court of law, they are presumed

innocent, and hence they have the right to a defence.

Article 12: Right to privacy

Each and every human being has the right to be protected if someone attempts
to damage their reputation, access their house without permission, or interfere
with their correspondence.

Article 13: Freedom of movement

Everyone has the right to leave or relocate inside their own country and to
return

Article 14: Right to asylum

Everyone has the right to seek refuge in another country if you are being
persecuted in your homeland.

Article 15: Right to nationality

Each and every human being has the right to be a citizen of a country and to
have its nationality.

Article 16: Right to marriage and to found a family

Men and women have the right to marry (only when they attain their legal age
to marry) without any regard to race, country, or religion. The government and
the legal system of that country should safeguard families.

Article 17: Right to own property

All human beings have the legal right to own property. No one has the authority
to unlawfully take them from any individual.

Article 18: Freedom of religion or belief

Everyone has the freedom to freely express, change, and practise their religion
alone or with others.

Article 19: Freedom of Expression

Everyone has the right to think and freely express ideas or whatever they
decide.
Article 20: Freedom of assembly

Every individual has the right to hold peaceful meetings and to participate in
them.

Article 21: Right to take part in public affairs

Everyone has the right to participate in the political activities of their country
and has equal access to public service.

 Economic, Social, and Cultural Rights: Articles 22 to 27

Article 22: Right to social security

Every individual should be able to develop freely and take advantage of all the
benefits that their country has to offer.

Article 23: Right to work

Everyone has the right to work in just and fair conditions, with the freedom to
select their work and pay that allows them to sustain themselves and their
families. For equal work, everyone should be paid equally.

Article 24: Right to leisure and rest

Workdays should not be excessively long, and everyone has the right to rest
and take paid leave regularly.

Article 25: Right to an adequate standard of living

Everyone has the right to have everything you require so that you and your
family do not go hungry, are not homeless, and do not fall ill.

Article 26: Right to education

Regardless of race, religion, or place of origin, every human being has the right
to attend school, continue their studies as far as they choose, and learn.

Article 27: Right to take part in the cultural, artistic, and scientific life
Each and every individual has the right to share the cultural, artistic, and
scientific benefits of your community.

Article 28: Right to a free and fair world

To ensure that our rights are protected, there must be a court that can protect
them.

Article 29: Duty to your community

We humans have responsibilities to the community that allows us to completely

develop our personality. Human rights should be protected by law. It should
enable everyone to appreciate and be respected by others.

Article 30: Rights are inalienable

No one, neither institution nor individual, should act in any way to undermine
the rights guaranteed by the UDHR.

Conclusion
In a world where human rights enforcement is still a challenge in both
developed and developing countries, the Universal Declaration of Human Rights
(UDHR) serves as a lighthouse for the international community on the standards
that should be set for the protection and promotion of human rights. The
Universal Declaration of Human Rights marked the beginning of a new era of
hope for respect for all people’s inherent equality and dignity. It paved the way
for the drafting of international human rights treaties and the formation of
several human rights organizations. It gave greater legitimacy to the subject of
human rights around the world, putting it firmly on the agendas of both national
governments and the international community.

Despite these great achievements, the last seventy-three years have also
shown that, in the absence of political will and resources, complete respect for
human rights remains a pledge on paper. Even in recent scenarios, the fight
against crime and terrorism has also put a strain on fundamental rights.

So, governments today must show the same degree of vision, courage, and
commitment that led the United Nations to adopt the Universal Declaration of
Human Rights seventy-three years ago.
Lacunas in UDHR
1-Some of the critiques argued that the UDHR is not a perfect document and
having lacunas, some of them are as under

1-It does not have the power to be legally enforced.

2-It is not followed everywhere

3-It is better in paper, not in practice, as it is easy to go against without surfing

major or any consequences.

4-Some third word countries can not follow some of the laws on account of their
limited resources, religious and cultural issues.

5-Jobs that are created can go against human rights with bad working
conditions and low wage rates in less advantage countries.

6-The UDHR does not address the rights of the minorities.

7-UDHR does not recognize the right of self-determination of all people.

8-Most of the rights provided in UDHR are seems absolute having no limitations
on their exercise.

Influence/Impact of UDHR
The Universal Declaration of Human Rights is generally agreed to be the
foundation of international human rights law. Adopted in 1948, the UDHR has
inspired a rich body of legally binding international human rights treaties. It
continues to be an inspiration to us all whether in addressing injustices, in times
of conflicts, in societies suffering repression, and in our efforts towards
achieving universal enjoyment of human rights.

Over the years, the commitment has been translated into law, whether in the
forms of treaties, customary international law, general principles, regional
agreements and domestic law, through which human rights are expressed and
guaranteed. Indeed, the UDHR has inspired more than 80 international human
rights treaties and declarations, a great number of regional human rights
conventions, domestic human rights bills, and constitutional provisions, which
together constitute a comprehensive legally binding system for the promotion
and protection of human rights.

Building on the achievements of the UDHR, the International Covenant on Civil

and Political Rights, and the International Covenant on Economic, Social and
Cultural Rights entered into force in 1976. The two Covenants have developed
most of the rights already enshrined in the UDHR, making them effectively
binding on States that have ratified them. They set forth everyday rights such
as the right to life, equality before the law, freedom of expression, the rights to
work, social security and education. Together with the UDHR, the Covenants
comprise the International Bill of Human Rights.

Over time, international human rights treaties have become more focused and
specialized regarding both the issue addressed and the social groups identified
as requiring protection. The body of international human rights law continues to
grow, evolve, and further elaborate the fundamental rights and freedoms
contained in the International Bill of Human Rights, addressing concerns such as
racial discrimination, torture, enforced disappearances, disabilities, and the
rights of women, children, migrants, minorities, and indigenous peoples.

The core principles of human rights first set out in the UDHR, such as
universality, interdependence and indivisibility, equality and non-discrimination,
and that human rights simultaneously entail both rights and obligations from
duty bearers and rights owners, have been reiterated in numerous international
human rights conventions, declarations, and resolutions. Today, all United
Nations member States have ratified at least one of the nine core international
human rights treaties, and 80 percent have ratified four or more, giving
concrete expression to the universality of the UDHR and international human
rights.

How Does International Law Protect Human Rights?

International human rights law lays down obligations which States are bound to
respect. By becoming parties to international treaties, States assume
obligations and duties under international law to respect, to protect and to fulfil
human rights. The obligation to respect means that States must refrain from
interfering with or curtailing the enjoyment of human rights. The obligation to
protect requires States to protect individuals and groups against human rights
abuses. The obligation to fulfil means that States must take positive action to
facilitate the enjoyment of basic human rights.

Through ratification of international human rights treaties, Governments

undertake to put into place domestic measures and legislation compatible with
their treaty obligations and duties. The domestic legal system, therefore,
provides the principal legal protection of human rights guaranteed under
international law. Where domestic legal proceedings fail to address human
rights abuses, mechanisms and procedures for individual and group complaints
are available at the regional and international levels to help ensure that
international human rights standards are indeed respected, implemented, and
enforced at the local level.

The United Nations International

Covenant on Civil and Political Rights
(ICCPR)
BACKGROUND:

The United Nations International Covenant on Civil and Political Rights (ICCPR) attempts to ensure
the protection of civil and political rights. It was adopted by the United Nations’ General Assembly on
December 19, 1966, and it came into force on March 23, 1976. The International Covenant on
Economic Social and Cultural Rights, the Universal Declaration of Human Rights, and the ICCPR
and its two Optional Protocols, are collectively known as the International Bill of Rights.

PURPOSE:

The ICCPR recognizes the inherent dignity of each individual and undertakes to promote conditions
within states to allow the enjoyment of civil and political rights. Countries that have ratified the
Covenant are obligated “to protect and preserve basic human rights… [and] “compel[ed] to take
administrative, judicial, and legislative measures in order to protect the rights enshrined in the treaty
and to provide an effective remedy.” There are currently 74 signatories and 168 parties to the ICCPR.

CONTENT:

The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based on the
notion of non-discrimination. Article 2 ensures that rights recognized in the ICCPR will be respected
and be available to everyone within the territory of those states who have ratified the Covenant (State
Party). Article 3 ensures the equal right of both men and women to the enjoyment of all civil and
political rights set out in the ICCPR.
The rights protected under the ICCPR include:
Article 6 – Right to life.
Article 7 – Freedom from torture.
Article 8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person.
Article 10 – Rights of detainees.
Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a contractual
obligation.
Article 12 – Freedom of movement and choice of residence for lawful residents.
Article 13 – Rights of aliens.
Article 14 – Equality before the courts and tribunals. Right to a fair trial.
Article 15 – No one can be guilty of an act of a criminal offence which did not constitute a criminal
offence.
Article 16 – Right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought, conscience and religion.
Article 19 – Right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others.
Article 23 – Right to marry.
Article 24 – Children’s rights
Article 25 – Right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.

LIMITATIONS:

Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from their
responsibilities under the Covenant, such as during times of public emergencies. However, State
Parties may not derogate from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18.

OPTIONAL PROTOCOLS:

There are two optional protocols to the ICCPR which gives additional human rights protections.

First Optional Protocol:

This protocol allows victims claiming to be victims of human rights violations to be heard. The
Human Rights Committee (Committee), which is established by the Covenant, has the jurisdiction to
receive, consider and hear communications from victims. The first Optional Protocol came into force
with the Covenant. There are currently 35 signatories and 115 parties to this protocol.

Second Optional Protocol:

This protocol aims to abolish the death penalty. It was entered into force on July 11, 1991 and it
currently has 37 signatories and 81 parties.

ENFORCEMENT

Article 2(2) of ICCPR provides that State Parties are to take the “necessary steps…. to adopt such
laws or other measures as may be necessary to give effect to the rights recognized in the present
Covenant.” Countries that have ratified the ICCPR must takes steps in their own jurisdictions to
recognize the acceptance of this international covenant because, in “international law, a signature does
not usually bind a State. The treaty is usually subject to a future ratification, acceptance, approval or
accession.” In Canada, the accession process involves a series of reviews and consultation by the
federal government and followed by a tabling of the treaty in Parliament.

In addition to State Parties’ formally adopting and recognizing the ICCPR in their jurisdiction, Article
28 of ICCPR provides for a Human Rights Committee (Committee) to be established for monitoring
the State Parties’ implementation of the Covenant. State Parties are required to submit reports to the
Committee for review, on measures used to adopt and give effect to the rights enshrined in the
ICCPR.

As mentioned above, the First Optional Protocol allows victims of human rights violation to be heard
by the Committee. However, the ICCPR also provides in Article 41 that a State Party who claims
another State Party is not fulfilling its obligations to implement ICCPR, may make written
submissions to the Committee for consideration. Also, non-governmental organizations (NGOs) may
also participate in ensuring that values under the ICCPR are protected by submitting ‘shadow reports’
and highlight areas for consideration by the Committee.

International Covenant on Economic, Social and Cultural

Rights (ICESCR)
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted
by the United Nations General Assembly on 16 December 1966 through GA. Resolution 2200A
(XXI), and came into force on 3 January 1976.

It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to
all individuals including those living in Non-Self-Governing and Trust Territories. The rights include
labor rights, the right to health, the right to education, and the right to an adequate standard of living.
As of July 2020, the Covenant has 171 parties. A further four countries, including the United States,
have signed but not ratified the Covenant.

The ICESCR (and its Optional Protocol) is part of the International Bill of Human Rights, along with
the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and
Political Rights (ICCPR), including the latter's first and second Optional Protocols.

The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights.
PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right
of self-determination, and shall respect that right, in conformity with the provisions of the Charter of
the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to take steps, individually and through
international assistance and 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.

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, color, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.

3. Developing countries, with due regard to human rights and their national economy, may determine
to what extent they would guarantee the economic rights recognized in the present Covenant to non-
nationals.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to
the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article 4

The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by
the State in conformity with the present Covenant, the State may subject such rights only to such
limitations as are determined by law only in so far as this may be compatible with the nature of these
rights and solely for the purpose of promoting the general welfare in a democratic society.

Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights or
freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present
Covenant.

2. No restriction upon or derogation from any of the fundamental human rights recognized or existing
in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext
that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of
everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will
take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this
right shall include technical and vocational guidance and training programmes, policies and
techniques to achieve steady economic, social and cultural development and full and productive
employment under conditions safeguarding fundamental political and economic freedoms to the
individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and
favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in
particular women being guaranteed conditions of work not inferior to those enjoyed by men, with
equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present
Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level,
subject to no considerations other than those of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as
remuneration for public holidays

Article 8

1. The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to
the rules of the organization concerned, for the promotion and protection of his economic and social
interests. No restrictions may be placed on the exercise of this right other than those prescribed by law
and which are necessary in a democratic society in the interests of national security or public order or
for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the
latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by
law and which are necessary in a democratic society in the interests of national security or public
order or for the protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular
country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by
members of the armed forces or of the police or of the administration of the State.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or apply the law in such a manner as would
prejudice, the guarantees provided for in that Convention.

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including
social insurance.

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural
and fundamental group unit of society, particularly for its establishment and while it is responsible for
the care and education of dependent children. Marriage must be entered into with the free consent of
the intending spouses.
2. Special protection should be accorded to mothers during a reasonable period before and after
childbirth. During such period working mothers should be accorded paid leave or leave with adequate
social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children and young
persons without any discrimination for reasons of parentage or other conditions. Children and young
persons should be protected from economic and social exploitation. Their employment in work
harmful to their morals or health or dangerous to life or likely to hamper their normal development
should be punishable by law. States should also set age limits below which the paid employment of
child labour should be prohibited and punishable by law.

Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard
of living for himself and his family, including adequate food, clothing and housing, and to the
continuous improvement of living conditions. The States Parties will take appropriate steps to ensure
the realization of this right, recognizing to this effect the essential importance of international co-
operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free
from hunger, shall take, individually and through international co-operation, the measures, including
specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of
technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by
developing or reforming agrarian systems in such a way as to achieve the most efficient development
and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure
an equitable distribution of world food supplies in relation to need.

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy
development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in the
event of sickness.

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree
that education shall be directed to the full development of the human personality and the sense of its
dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further
agree that education shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups,
and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary
education, shall be made generally available and accessible to all by every appropriate means, and in
particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every
appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who
have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate
fellowship system shall be established, and the material conditions of teaching staff shall be
continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and,
when applicable, legal guardians to choose for their children schools, other than those established by
the public authorities, which conform to such minimum educational standards as may be laid down or
approved by the State and to ensure the religious and moral education of their children in conformity
with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies
to establish and direct educational institutions, subject always to the observance of the principles set
forth in paragraph I of this article and to the requirement that the education given in such institutions
shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to
secure in its metropolitan territory or other territories under its jurisdiction compulsory primary
education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action
for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the
principle of compulsory education free of charge for all.

Article 15

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

(a) To take part in cultural life;

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

(c) To benefit from the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for the conservation, the development and the diffusion of
science and culture.

3. The States Parties to the present Covenant undertake to respect the freedom indispensable for
scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the
encouragement and development of international contacts and co-operation in the scientific and
cultural fields.

PART IV

Article 16

1. The States Parties to the present Covenant undertake to submit in conformity with this part of the
Covenant reports on the measures which they have adopted and the progress made in achieving the
observance of the rights recognized herein.

2.

(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit
copies to the Economic and Social Council for consideration in accordance with the provisions of the
present Covenant;

(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies
of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are
also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any
matters which fall within the responsibilities of the said agencies in accordance with their
constitutional instruments.

Article 17
1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a
programme to be established by the Economic and Social Council within one year of the entry into
force of the present Covenant after consultation with the States Parties and the specialized agencies
concerned.

2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under
the present Covenant.

3. Where relevant information has previously been furnished to the United Nations or to any
specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce
that information, but a precise reference to the information so furnished will suffice.

Article 18

Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and
fundamental freedoms, the Economic and Social Council may make arrangements with the
specialized agencies in respect of their reporting to it on the progress made in achieving the
observance of the provisions of the present Covenant falling within the scope of their activities. These
reports may include particulars of decisions and recommendations on such implementation adopted
by their competent organs.

Article 19

The Economic and Social Council may transmit to the Commission on Human Rights for study and
general recommendation or, as appropriate, for information the reports concerning human rights
submitted by States in accordance with articles 16 and 17, and those concerning human rights
submitted by the specialized agencies in accordance with article 18.

Article 20

The States Parties to the present Covenant and the specialized agencies concerned may submit
comments to the Economic and Social Council on any general recommendation under article 19 or
reference to such general recommendation in any report of the Commission on Human Rights or any
documentation referred to therein.

Article 21

The Economic and Social Council may submit from time to time to the General Assembly reports
with recommendations of a general nature and a summary of the information received from the States
Parties to the present Covenant and the specialized agencies on the measures taken and the progress
made in achieving general observance of the rights recognized in the present Covenant.

Article 22

The Economic and Social Council may bring to the attention of other organs of the United Nations,
their subsidiary organs and specialized agencies concerned with furnishing technical assistance any
matters arising out of the reports referred to in this part of the present Covenant which may assist such
bodies in deciding, each within its field of competence, on the advisability of international measures
likely to contribute to the effective progressive implementation of the present Covenant.

Article 23

The States Parties to the present Covenant agree that international action for the achievement of the
rights recognized in the present Covenant includes such methods as the conclusion of conventions, the
adoption of recommendations, the furnishing of technical assistance and the holding of regional
meetings and technical meetings for the purpose of consultation and study organized in conjunction
with the Governments concerned.

Article 24

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the
United Nations and of the constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the specialized agencies in regard to
the matters dealt with in the present Covenant.

Article 25

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to
enjoy and utilize fully and freely their natural wealth and resources.

PART V

Article 26

1. The present Covenant is open for signature by any State Member of the United Nations or member
of any of its specialized agencies, by any State Party to the Statute of the International Court of
Justice, and by any other State which has been invited by the General Assembly of the United Nations
to become a party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this
article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General
of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed the present
Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 27
1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of
accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present Covenant shall enter into force three
months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 28

The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.

Article 29

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-
General of the United Nations. The Secretary-General shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the purpose of considering and voting upon the
proposals. In the event that at least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of the States Parties present and voting at the conference shall be
submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in
accordance with their respective constitutional processes.

3. When amendments come into force they shall be binding on those States Parties which have
accepted them, other States Parties still being bound by the provisions of the present Covenant and
any earlier amendment which they have accepted.

Article 30

Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to in paragraph I of the same article of the following
particulars:

(a) Signatures, ratifications and accessions under article 26;

(b) The date of the entry into force of the present Covenant under article 27 and the date of the entry
into force of any amendments under article 29.

Article 31
1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant
to all States referred to in article 26.

Human Rights Enforcement Mechanisms of the United Nations

Legal framework

International human rights law provides the foundation for the work of UN Human Rights and the
mechanisms it supports. This legal framework was born with the adoption of the Universal
Declaration of Human Rights (UDHR), the first document in history to set out fundamental human
rights. Together with two international covenants, it now forms the International Bill of Human
Rights. Since the UDHR was adopted in 1948, it has inspired a series of legally binding international
human rights treaties, declarations and other instruments, all underpinning and guiding UN Human
Rights’ activities today.

Mechanisms

There are two types of human rights monitoring mechanisms within the United Nations system:
treaty-based bodies and charter-based bodies. The ten human rights Treaty Bodies, made up of
committees of independent experts, monitor implementation of the core international human
rights treaties. The charter-based bodies include the Human Rights Council, Special Procedures,
the Universal Periodic Review and Independent Investigations. UN Human Rights provides
expertise and support to all of the different mechanisms.

Who is responsible to enforce Human rights

1. National and local laws °

2. U.N. Treaty/Charter Bodies °

3. International Criminal Court °

4. Regional Commissions/Courts °

5. Public pressure

Monitoring mechanism
The UN's Committee on Economic, Social and Cultural Rights is the monitoring body
responsible for scrutinising the implementation of the ICESCR by its states parties. The latter are
required to submit periodic reports to the Committee on the measures taken and progress made to
ensure respect for the rights covered by the ICESCR.

In Switzerland, the State Secretariat for Economic Affairs is responsible for coordinating the
reporting process.

Switzerland submitted its first report in 1996. Its second and third reports were submitted
together in 2008 and the Committee issued its recommendations in November 2010. Switzerland
submitted its fourth report in 2018 and presented it orally in Geneva in October 2019. On 18
October 2019, the Committee adopted its recommendations concerning Switzerland.

Information on the ICESCR and Switzerland's reports (de/fr/it)

The UN's Committee on Economic, Social and Cultural Rights

Optional protocol

The Optional Protocol that entered into force in 2013 allows individuals to lodge a complaint
(communication) alleging a violation of ICESCR-guaranteed rights against any state that has
ratified the Optional Protocol.

Switzerland has not yet signed the Optional Protocol.

Optional Protocol of 10 December 2008: individual communications procedure