United Nations Economic and Social Council

Commission on Human Rights

Sub-Commission on Prevention of Discrimination and Protection of Minorities

Commission on the Status of Women

United Nations High Commissioner for Refugees

United Nations Trusteeship Council

Committee on the Elimination of Racial Discrimination

Human Rights Committee

Group of Three on Anti-Apartheid Convention

Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: SYNOPSIS AND COMMENTARY

This is in response to your request for a synopsis and commentary on the 1966 International Covenant on Economic, Social and Cultural Rights. Annexed to this memo is a chart identifying the reservations, understandings, declarations, and statements suggested by the Department of State in the President's transmittal on February 23, 1978, of the treaty to the Senate.

SYNOPSIS AND COMMENTARY

Done at the United Nations, December 16, 1966.

Signed by the United States, October 5, 1977.

Entered into Force, but not for the United States, January 3, 1976.
Transmitted to the Senate, February 23, 1978.

Number of states parties (as of October 25, 1979) 62.

Rights and freedoms protected

Parts I, II, and III of the Covenant, comprising articles 1-15, contain the substantive provisions of this treaty. The first article affirms the rights of all peoples to self-determination and to dispose freely of all their natural wealth and resources "based upon the principle of mutual benefit, and international law." It also obliges states parties to promote the realization of self-determination.

Specific rights enumerated in articles 6 through 15 are:

Right to work (article 6)

Right to just and favorable conditions of work (article 7)

Right to form and join trade unions (article 8)

Right to social security, including social insurance (article 9)

Right to protection of the family (article 10)

Right to adequate standard of living (article 11)

Right to physical and mental health (article 12)

Right to education (article 13 and 14)

Right to participate in cultural life and enjoyment of the benefits of science (article 15)

Conditions or limitations on these rights and freedoms

Article 2 sets forth the basic obligation of a state party to achieve the full realization of the rights recognized in the Covenant "to the maximum of its available resources, with a veiw to achieving progressively the full realization of the rights... by all appropriate means, including particularly the adoption of legislative measures." The rights enunciated in the Covenant are to be exercised "without discrimination of any kind." Developing countries, with due regard to human rights and their national economy "may determine to what extent they will guarantee the economic rights of non-nationals."

Article 25 states that nothing in the Covenant is to be interpreted as impairing the "inherent rights of all peoples to enjoy and utilize fully and freely their natural wealth and resources."

Article 4 provides that the rights in the Covenant may be subject "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 8, on the right to form and join trade unions, allows restrictions on the exercise of these rights only as prescribed by law and as "necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedom of others."

Reporting requirements

Articles 16 through 23 contain provisions requiring the submission of periodic reports from states parties on implementation of the Covenant to the U.N. Secretary-General for consideration by the Economic and Social Council. The Council is to establish whatever procedures may be necessary for adequate review of these reports and may transmit information and make recommendations on them to other U.N. bodies and to U.N. specialized agencies as appropriate.

Other articles

Article 28 extends the provisions of the Covenant "to all parts of federal states without any limitations or exceptions.”

International Covenant on Economic, Social, and Cultural Rights

RESERVATIONS, UNDERSTANDINGS, DECLARATIONS, AND STATEMENTS RECOMMENDED BY THE DEPARTMENT OF STATE, FEBRUARY 23, 1978

RESERVATIONS, UNDERSTANDINGS, DECLARATIONS, AND STATEMENTS RECOMMENDED BY THE DEPARTMENT OF STATE, FEBRUARY 23, 1978-continued

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS: SYNOPSIS AND COMMENTARY

This is in response to your request for a synopsis and commentary on the 1966 international Covenant on Civil and Political Rights. Annexed to this memo is a chart identifying the reservations, understandings, declarations, and statements suggested by the Department of State in the President's transmittal on February 23, 1978, of the treaty to the Senate.

SYNOPSIS AND COMMENTARY

Done at the United Nations, December 16, 1966.

Signed by the United States, October 5, 1977.

Entered into Force, but not for the United States, March 23, 1976.

Transmitted to the Senate, February 23, 1978.

Number of States parties (as of October 25, 1979) 60.

Rights and freedoms protected

The substantive provisions of this Covenant are contained in Parts I, II, and III (articles 1-27). The first article (identical to article 1 in the Covenant on Economic, Social and Cultural Rights) affirms the rights of all peoples to selfdetermination and to dispose freely of their natural wealth and resources "based upon the principle of mutual benefit and international law."

Specific civil and political rights enumerated in articles 6 through 27 are:
Right to life, limitation on application of death penalty (article 6)
Freedom from torture and inhuman or degrading treatment (article 7)
Freedom from slavery (article 8)

Right to liberty and security of person (article 9)

Standards for treatment of prisoners (article 10)

Freedom from imprisonment solely on basis of inability to fulfill contractual obligations (article 11)

Right to movement, emigration and return (article 12)

Right of legal aliens to be expelled only in pursuance of lawful decision (article 13)

Right to fair trial (article 14)

Freedom from ex post facto laws (article 15)

Right to recognition as a person before the law (article 16)

Freedom from interference with individual privacy (article 17)

Freedom of thought, conscience and religion (article 18)

Freedom of expression (article 19)

Prohibition on propaganda for war and any advocacy of national, racial, or religious hatred inciting discrimination, hostility or violence (article 20) Right to peaceful assembly (article 21)

Right to freedom of association (article 22)

Rights of the family (article 23)

Rights of the child (article 24)

Right to participation in government (article 25)

Right to equal protection (article 26)
Cultural rights of minorities (article 27)

Conditions or limitations on rights and freedoms

In article 2 states parties undertake to guarantee, by adopting legislative and other measures as may be necessary, immediate recognition and enforcement of the rights set forth in the Covenant "without distinction of any kind." Article 4 allows a state party, "in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed", to take measures derogating from its obligations under the Covenant. However, no derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16, and 18 is allowed. Other articles specifically allow for some admissible restrictions on the full exercise of certain rights and freedoms (articles 12, 14, 18, 19, 21, and 22). The specific formulation of the limitations differs from article to article, but generally the rights and freedoms are not to be subject to any restrictions except those which are specified by law and are necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others.

Article 47 (identical to article 25 of the Covenant on Economic, Social and Cultural Rights) provides that nothing in the Covenant is to be interpreted as impairing the "inherent rights of all peoples to enjoy and utilize fully and freely their natural wealth and resources."

Institutions created by the covenant

Part IV of the Covenant, articles 28-45, establishes a Human Rights Committee to oversee compliance with the provisions of the Covenant. States parties are to submit periodic reports to the Committee concerning implementation of the Covenant. In addition, the Committee might have the competence to review complaints from states parties (article 41) or communications from individuals or groups (Optional Protocol) as to the compliance of states parties to the Covenant.

Article 41 allows a state party to make a declaration recognizing the competence of the Committee to receive and consider communications (i.e., complaints) by another state party to the effect that it is not fulfilling its obligations under the Covenant, provided that the other state has made a similar declaration. The President indicated that, should the Senate approve ratification of the Covenant, he intended to make a declaration whereby the United States would recognize the competence of the Human Rights Committee to receive and consider "communications to the effect that a state party claims that another state party is not fulfilling its obligations under the Covenant." Article 41, which was to take effect only when 10 states parties had submitted such a declaration, entered into force on March 28, 1979.

The Optional Protocol to the International Covenant on Civil and Political Rights establishes a procedure whereby the Human Rights Committee can receive and consider communications from individuals or groups who, after exhausting party to the Protocol, accept the competence of the Committee to consider communciations from individuals subject to their jurisdiction. The United States has not signed and the President did not transmit the Protocol to the Senate for approval of ratification. The Protocol, however, is in force for 23 states parties.

International Covenant on Civil and Political Rights

RESERVATIONS, UNDERSTANDINGS, DECLARATIONS, AND STATEMENTS RECOMMENDED BY THE DEPARTMENT OF STATE, FEBRUARY 23, 1978-Continued