On the ratification of the International Covenant on Economic, Social and Cultural Rights

Home / RLA / On the ratification of the International Covenant on Economic, Social and Cultural Rights

The Law of the Republic of Kazakhstan dated November 21, 2005 No. 87.

To ratify the International Covenant on Economic, Social and Cultural Rights, signed in New York on December 16, 1966.

President

Republic of Kazakhstan

organization

THE UNITED NATIONS

1967

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

(Entered into force on April 24, 2006 -

Bulletin of International Treaties of the Republic of Kazakhstan,

2006, No. 4, article 31)

The States parties to the present Covenant,

Bearing in mind that, in accordance with the principles proclaimed by the Charter of the United Nations, recognition of the inherent dignity and equal and inalienable rights of all members of the human family is the foundation of freedom, justice and universal peace,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, according to the Universal Declaration of Human Rights, the ideal of a free human person, free from fear and want, can be realized only if conditions are created in which everyone can enjoy their economic, social and cultural rights, as well as their civil and political rights,

Bearing in mind that, according to the Charter of the United Nations, States have an obligation to promote universal respect for and observance of human rights and freedoms,

Bearing in mind that each individual, having responsibilities towards other people and the collective to which he belongs, must strive to promote and respect the rights recognized in the present Covenant,

agree on the following articles:

PART I

Article 1

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

2. All peoples can freely dispose of their natural wealth and resources in order to achieve their goals, without prejudice to any obligations arising from international economic cooperation based on the principle of mutual benefit and international law. In no case can any nation be deprived of its means of subsistence.

3. All States parties to the present Covenant, including those responsible for the administration of Non-Self-Governing and Trust Territories, must, in accordance with the provisions of The Charter of the United Nations to promote the exercise of the right to self-determination and to respect this right.

PART II

Article 2

1. Each State Party to the present Covenant undertakes, individually and through international assistance and cooperation, in particular in the economic and technical fields, to take measures to the maximum of its available resources to ensure progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including, in particular, 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, such as race, color, sex, language, religion, political or other beliefs, national or social origin, property status, birth or other circumstances.

3. Developing countries may, with due regard to human rights and their national economy, determine the extent to which they will guarantee the economic rights recognized in the present Covenant to persons who are not their 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 provided for in the present Covenant.

Article 4

The States Parties to the present Covenant recognize that, with regard to the enjoyment of the rights that a State grants in accordance with the present Covenant, that State may impose only such restrictions on those rights as are determined by law, and only to the extent compatible with the nature of those rights, and solely for the purpose of contributing to the general well-being in in a democratic society.

Article 5

1. Nothing in the present Covenant may be interpreted as meaning that any State, group or individual has the right to engage in any activity or to commit any act aimed at the destruction of any rights or freedoms recognized in the present Covenant, or at their limitation to a greater extent than is provided for in the present Covenant.

2. No restriction or diminution of any fundamental human rights recognized or existing in any country by virtue of law, conventions, rules or customs is permitted under 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 be able to earn a living by work that he freely chooses or agrees to, and will take appropriate steps to ensure this right.

2. The measures to be taken by the States parties to the present Covenant for the full realization of this right include vocational education and training programmes, ways and methods of achieving sustained economic, social and cultural development and full productive employment in conditions guaranteeing fundamental political and economic freedoms of the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to just and favourable working conditions, including, in particular:

(a) Remuneration that provides, at a minimum, for all workers:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, and in particular, women should be guaranteed working conditions no worse than those enjoyed by men, with equal pay for equal work;

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

b) working conditions that meet safety and hygiene requirements;

(c) Equal opportunity for all to advance to appropriate higher levels of employment solely on the basis of work experience and qualifications;

(d) Rest, leisure and reasonable limitation of working hours and periodic paid leave, as well as remuneration for public holidays.

Article 8

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

a) the right of every person to form and join trade unions of his choice for the implementation and protection of his economic and social interests, subject to the sole condition of compliance with the rules of the relevant organization. The exercise of this right is not subject to any restrictions other than those provided for by law and which are necessary in a democratic society in the interests of national security or public order or to protect the rights and freedoms of others.;

(b) The right of trade unions to form national federations or confederations and the right of these latter to found or join international professional organizations;

(c) The right of trade unions to function unhindered without any restrictions other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or to protect the rights and freedoms of others;

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

2. This article does not prevent the introduction of legal restrictions on the exercise of these rights for persons who are members of the armed forces, police or the administration of the State.

3. Nothing in this article shall entitle States parties to the 1948 International Labour Organization Convention on Freedom of Association and Protection of the Right to Organize to adopt legislation to the detriment of the guarantees provided for in the said Convention or to apply the law in such a way as to prejudice these guarantees.

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 family, which is the natural and basic unit of society, should be provided with the widest possible protection and assistance, especially during its education and as long as it is responsible for caring for and raising children who are not self-sufficient. The marriage must be concluded with the free consent of those who marry.

2. Special protection should be provided to mothers for a reasonable period before and after childbirth. During this period, working mothers should be provided with paid leave or leave with sufficient social security benefits.

3. Special protection and assistance measures should be taken for all children and adolescents without any discrimination based on family origin or other grounds. Children and adolescents should be protected from economic and social exploitation. The use of their labor in an area harmful to their morals and health, or life-threatening or likely to damage their normal development, must be punishable by law. In addition, States should set age limits below which the use of paid child labor is 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 participating States will take appropriate measures to ensure the realization of this right, recognizing the importance of international cooperation based on free consent in this regard.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, should take the necessary measures individually and through international cooperation, including the implementation of specific programmes, in order to:

(a) To improve methods of food production, storage and distribution through the extensive use of technical and scientific knowledge, the dissemination of knowledge about nutrition principles and the improvement or reform of agricultural systems in such a way as to achieve the most efficient development and use of natural resources; and

(b) Ensure an equitable distribution of the world's food supplies in accordance with the needs and taking into account the concerns of both importing and exporting countries.

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 measures to be taken by the States parties to the present Covenant for the full realization of this right shall include the measures necessary to:

a) ensuring the reduction of stillbirth and infant mortality and the healthy development of the child;

(b) Improving all aspects of environmental and occupational hygiene in industry;

(d) Creating conditions that would ensure medical care and medical attention for everyone in case of illness.

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education should be aimed at the full development of the human personality and the consciousness of its dignity and should strengthen respect for human rights and fundamental freedoms. They further agree that education should enable all to be useful participants in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic and religious groups, and contribute to the work of the United Nations in peacekeeping.

2. The States Parties to the present Covenant recognize that, in order to fully realize this right,:

a) Primary education should be compulsory and free for all;

(b) Secondary education in its various forms, including vocational secondary education, should be open and accessible to all by taking all necessary measures and, in particular, gradually introducing free education;

(c) Higher education should be made equally accessible to all, based on everyone's abilities, by taking all necessary measures and, in particular, gradually introducing free education;

(d) Elementary education should be promoted or intensified, if possible, for those who have not completed or have not completed the full course of their primary education;

f) A network of schools at all levels should be actively developed, a satisfactory scholarship system should be established, and the material conditions of teaching staff should be constantly improved.

3. The States Parties to the present Covenant undertake to respect the freedom of parents and, where appropriate, legal guardians to choose for their children not only schools established by public authorities, but also other schools that meet the minimum educational requirements that may be established or approved by the State, and to ensure the religious and moral education of their children in accordance with their my own beliefs.

4. No part of this article shall be interpreted in the sense of impairing the freedom of individuals and institutions to establish and manage educational institutions, subject to the principles set out in paragraph 1 of this article and the requirement that education provided in such institutions meet the minimum requirements that may be established by the State.

Article 14

Each State Party to the present Covenant, which, at the time of its accession to the membership, has not been able to establish compulsory free primary education in its metropolitan area or in other territories under its jurisdiction, undertakes within two years to develop and adopt a detailed plan of measures for the gradual implementation - within a reasonable number of years, which should be indicated in this plan is the principle of compulsory free universal education.

Article 15

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

a) Participation in cultural life;

b) taking advantage of the results of scientific progress and their practical application;

(c) Enjoying the protection of moral and material interests arising in connection with any scientific, literary or artistic work of which he is the author.

2. The measures to be taken by the States parties to the present Covenant for the full realization of this right include those necessary for the protection, development and dissemination of scientific and cultural achievements.

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

4. The States Parties to the present Covenant recognize the benefits derived from the promotion and development of international contacts and cooperation in the scientific and cultural fields.

PART IV

Article 16

1. The States Parties to the present Covenant undertake to submit, in accordance with this part of the Covenant, reports on the measures they have taken and on progress towards achieving respect for the rights recognized in this Covenant.

2. (a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit copies of them 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 reports or any relevant parts of reports of States Parties to the present Covenant that are also members of those specialized agencies, insofar as such reports or parts of such reports relate to any matters falling within the responsibilities of the aforementioned institutions in accordance with their constitutional acts.

Article 17

1. The States Parties to the present Covenant shall submit 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, in consultation with the States parties and the specialized agencies concerned.

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

3. If the relevant information has previously been communicated to the United Nations or to any specialized agency by a State Party to the present Covenant, it is not necessary to reproduce this information and an accurate reference to the information so communicated will suffice.

Article 18

In pursuance of its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may enter into agreements with specialized agencies to provide it with reports on progress towards achieving compliance with the provisions of the present Covenant relating to their field of activity. These reports may include details of the decisions and recommendations made by their competent authorities on such implementation.

Article 19

The Economic and Social Council may transmit to the Commission on Human Rights, for consideration and general recommendations or, where appropriate, for information, reports on human rights submitted by States in accordance with articles 16 and 17 and reports on human rights submitted by 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 by reference to such general recommendation in any report of the Commission on Human Rights or in any document referred to therein.

Article 21

The Economic and Social Council may from time to time submit to the General Assembly reports with general recommendations and summaries of information received from States parties to the present Covenant and from specialized agencies on measures taken and results achieved in the field of ensuring universal respect for the rights recognized in the present Covenant.

Article 22

The Economic and Social Council may draw the attention of other organs of the United Nations, their subsidiary organs and specialized agencies involved in the provision of technical assistance to any issues arising from the reports referred to in this part of the present Covenant that may be useful to those bodies in making decisions by each of them, within the limits of their competence, as to the appropriateness of international measures that could contribute to the effective progressive implementation of the present Covenant.

Article 23

The States Parties to the present Covenant agree that international activities contributing to the realization of the rights recognized in the present Covenant include the use of such means as the conclusion of conventions, the adoption of recommendations, the provision of technical assistance and the holding of regional and technical consultations, as well as studies organized jointly with interested Governments.

Article 24

Nothing in the present Covenant shall be interpreted as detracting from the provisions of the Charter of the United Nations and the charters of the specialized agencies, which define the respective responsibilities of the various organs of the United Nations and the specialized agencies in relation to matters covered by the present Covenant.

Article 25

Nothing in the present Covenant should be interpreted as detracting from the inalienable right of all peoples to fully and freely possess and use their natural wealth and resources.

PART V

Article 26

1. The present Covenant shall be open for signature by any State Member of the United Nations or a 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 invited by the General Assembly of the United Nations to participate in the present Covenant.

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

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

4. Accession is effected by depositing an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall notify all signatory or acceding States 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 deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or accession.

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

Article 28

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

Article 29

1. Any State Party to the present Covenant may propose amendments and submit them to the Secretary-General of the United Nations. The Secretary-General shall thereafter transmit any proposed amendments to the States Parties to the present Covenant, with a request that they inform him whether they favour the convening of a conference of the States Parties for the purpose of considering and voting on the proposals. If at least one third of the participating States support such a conference, the Secretary-General of the United Nations 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 that Conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall enter into force upon approval by the General Assembly of the United Nations and acceptance by a two-thirds majority of the States Parties to the present Covenant in accordance with their constitutional procedures.

3. When amendments enter into force, they shall become binding on those States Parties that have accepted them, while the provisions of the present Covenant and all previous amendments that they have adopted shall remain binding on other States Parties.

Article 30

Regardless of the notifications made pursuant to paragraph 5 of article 26, the Secretary-General of the United Nations shall notify all States referred to in paragraph 1 of the same article of the following:

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

(b) The date of entry into force of the present Covenant in accordance with article 27 and the date of entry into force of any amendments in accordance with 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.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Covenant, which was opened for signature at New York on the nineteenth day of December, one thousand nine hundred and sixty-sixth.

President

Republic of Kazakhstan

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