Yogendra. S. V.

V PuraCollege of Law

The United Nations and Human Rights

1. The Provisions Concerning Human Rights run throughout the U.N Charter like
a Golden Thread. Elucidate.
2. State the Human Rights that are provided under the U.N
Charter. Short Note
1 U.N Commission on Human Rights (replace Human Rights Council)
2 The Commission on the Status of the Women
3 U.N. High Commissioner for Human Rights
4 Human Rights and Domestic Jurisdiction

Synopsis

1. Introduction
2. Provisions of the charter concerning human Rights
1. Preamble of United Nation
2. Purposes of the United Nation
3. Responsibilities of the General Assembly
4. Objectives of the international economic and social cooperation
5. Functions of economic and social council
6. Responsibilities of economic and social council
7. Objectives of the trusteeship system
3. U.N Bodies Concerned With Human Rights
1. U.N Commission on Human Rights
2. U.N. High Commissioner for Human Rights
3. The Sub-Commission on the Promotion and Protection of Human Rights
4. The Commission on the Status of the Women
5. U.N Centre for human rights
6. Other U.N Bodies Primarily Concerned with Human Rights

4. Conclusion

This notes only for the exam

purpose
 1. Introduction
The charter of the United Nations represents a significant advancement so far as faith is
and respect for human rights is concerned. the signing of the charter of the united nations also
marks the formed recognition that human right is a matter of international concern, the
appalling atrocities caused by the Nazis on the Jews and other races during the second world
war led to a strong movement for the international protection of fundamental human rights,
and the charter contain memories references to them, indeed with the horrors perpetrated by
Nazi fascist leaders still in their minds, the makers of the charter were determined that the
rights of the individuals be made an international concern. The delegates from some of the
States at the San Francisco Conference were in favour of the adoption of an even stronger
provision concerning human rights. An attempt, which proved abortive, was also made to
incorporate in the U.N. Charter an International Bill of Human Rights. Concern for human
rights is woven into the U.N. Charter “like a golden thread”. Human rights have occupied a
significant chapter in any story of the U.N

2. Provisions of the charter concerning human Rights:-

The U.N contains a number of provisions for the promotion and protection of human rights
and fundamental freedoms in this charter is underlined and highlighted below. They are:-

1. Preamble of United Nation

The Preamble of the Charter begins with the words ‘we the peoples of the United Nations’.
It’s determined to re-affirm faith in fundamental human rights, in the dignity and worth of the
human person, in the equal rights of men and women and of nations large and small….

2. Purposes of the United Nation

Article 1(3) provided that it is one of the purposes of the U.N. to achieve international co-
operation in solving international problems of an economic, social, cultural, or humanitarian
character, and in promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion.

3. Responsibilities of the General Assembly

Article 13(2) says that It is one of the responsibilities of the General Assembly to initiate
studies and make recommendation for the purpose of Promoting international co-
operation in the
economic, social, cultural, educational, and health fields, and assisting in the realization of
human rights and fundamental freedoms for all without distinction as to race, sex, language,
or religion.

4. Objectives of the international economic and social cooperation

Article 55(c) provided that Universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex, language, or religion. Article
56 provides that the members of the United Nations shall pledge themselves to take joint and
separate action in co-operation with the Organisation for the achievement of the purposes set
forth in Article 55.

5. Functions of economic and social council

Article 62(1) provides that The Economic and Social Council may make or initiate studies
and reports with respect to international economic, social, cultural, educational, health, and
related matters and may make recommendations with respect to any such matters to the
General Assembly to the Members of the United Nations, and to the specialized agencies
concerned. Article 62(2) also provides that it may make recommendations for the purpose of
promoting respect for, and observance of, human rights and fundamental freedoms for all.

6. Responsibilities of economic and social council

Article 68 provided that The Economic and Social Council shall set up commissions in
economic and social fields and for the promotion of human rights, and such other
commissions as may be required for the performance of its functions.

7. Objectives of the trusteeship system

Article 76(c) stipulated that one of the basic objectives of the trusteeship system is to
encourage respect for Human Rights and for fundamental Freedoms for all without
distinction as to race, sex, language, or religion, and to encourage recognition of the
interdependence of the peoples of the world.
3. U.N bodies concerned with human rights
1. U.N Commission on Human Rights
The United Nations Commission on Human Rights is the first, and remains the only, body
operating within the framework of an international organization that is devoted exclusively to
promoting universal respect for human rights throughout the world. The Commission was
envisaged as part of the United Nations (UN) when it was founded after World War II. The
first words of the UN Charter state: ‘We the peoples of the United Nations are determined to
save succeeding generations from the scourge of war, which twice in our lifetime has brought
untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity
and worth of the human person. . . (Preamble, Sect. 1 and 2)’ It was within this context,
following the atrocities of a war that dramatically illustrated what would come to be known
as crimes of genocide and crimes against humanity, that the UN Commission on Human
Rights was created. It was a time when reaffirming the fundamental values of dignity and
respect for human life was vital.
U.N Commission on Human Rights was established in 1946 by the Economic and
Social Council (ECOSOC). The Economic and Social Council (ECOSOC), a principal organ
of the United Nations was most directly concerned with the question of Human Rights. The
Council under Article 68 of the U.N. Charter was empowered to set up commissions for the
promotion of Human Rights and such other commissions as may be required for the
performance of its functions. The Commission Composed of 53 States members . The
headquarters of the commission in Geneva, Switzerland. The Commission meets annually in
Geneva for six weeks beginning in March. The Commission reports to ECOSOC which, in
turn, reports to the General Assembly. The Commission on Human Rights was replaced by
the Human Rights Council by decision of ECOSOC on March 15, 2006. The main tasks of
the Human Rights Council are the following:
 Protection of victims of human rights abuses
 Promoting the protection of human rights
 Developing concepts and policies
 Setting standards
 Prevention of human rights violations
 Mainstreaming the human rights work of the UN
 Keeping track and execution
2. U.N. High Commissioner for Human Rights

The United Nations High Commissioner for Human Rights, commonly known as the
Office of the High Commissioner for Human Rights (OHCHR) or the UN Human Rights
Office, is a department of the Secretariat of the United Nations that works to promote and
protect the human rights that are guaranteed under international law and stipulated in the
Universal Declaration of Human Rights of 1948. The office was established by the UN
General Assembly on 20 December 1993 in the wake of the 1993 World Conference on
Human Rights.

The High Commissioner is appointed by the Secretary-General. However, his name is

approved by the General Assembly. He shall be a person of high moral standing and personal
integrity possessing expertise in the human rights field and an understanding of diverse
cultures. The High Commissioner shall serve a four-year term at the rank of the Under-
Secretary General. The office of the High Commissioner shall be located at Geneva with a
branch office in New York.

The responsibilities of the High Commissioner would include:-

1 To promote and protect the effective enjoyment by all of all civil, cultural, economic,
political and social rights, including the right to development.
2 To provide advisory services, technical and financial assistance in the field of human
rights to States that request them;
3 To co-ordinate United Nations education and public information programmes in the
field of human rights;
4 To play an active role in removing the obstacles to the full realization of human rights
and in preventing the continuation of human rights violations throughout the world;
5 To engage in dialogue with Government in order to secure respect for human rights;
6 To enhance international co-operation for the promotion and protection of human
rights;
7 To co-ordinate human rights promotion and protection activities throughout the
United Nations System;
8 To rationalize, adapt, strengthen and streamline the United National machinery in the
field of human rights in order to improve its efficiency and effectiveness. The High
Commissioner was required to report annually to the Commission on Human Rights
and through the Economic and Social Council to the General Assembly.
Main Functions of the U.N. High Commissioner for Human Rights

1 Promote universal enjoyment of all human rights by giving practical effect to the
will and resolve of the world community as expressed by the United Nations
2 Play the leading role on human rights issues and emphasizes the importance of
human rights at the international and national levels
3 Promote international cooperation for human rights
 4 Stimulate and coordinates action for human rights throughout the United Nations
system
5 Promote universal ratification and implementation of international standards
6 Assist in the development of new norms
7 Support human rights organs and treaty monitoring bodies
8 Respond to serious violations of human rights
9 Undertakes preventive human rights action
10 Promote the establishment of national human rights infrastructures
11 Undertake human rights field activities and operations
12 Provide education, information advisory services and technical assistance in the
field of human rights
3. The Sub-Commission on the Promotion and Protection of Human Rights

The United Nations Sub-Commission on the Promotion and Protection of Human

Rights, the main subsidiary body of the former Commission on Human Rights, was
established in 1947 with 12 members. Originally the 'Sub Commission on Prevention of
Discrimination and Protection of Minorities', it was renamed in 1999. The Sub-Commission
was comprised of 26 independent experts in the field of human rights who were elected with
due regard to equitable geographical distribution, and who acted in their personal capacity. In
2006, the membership consisted of seven experts from Africa, five from Asia, five from Latin
America, three from Eastern Europe and six from Western European and other States.

The Sub-Commission's main functions were to undertake studies on human rights issues,
to make recommendations concerning the prevention of discrimination of any kind relating to
human rights and fundamental freedoms and the protection of racial, national, religious and
linguistic minorities, and to carry out any other functions which may be entrusted to it.
Studies undertaken have addressed various aspects of the realization of human rights, the
administration of justice, combating discrimination and protecting the human rights of
minorities, indigenous peoples and other vulnerable groups. The Sub-Commission was often
described as a 'think tank'. The Sub-Commission on the Promotion and Protection of Human
Rights was replaced by the Advisory Committee.

4. The Commission on the Status of the Women

The commission on the status of woman was established in 1946 It report to

ECOSOC on policies aimed at promoting women’s rights in the socio, economic, political
and
educational field. It play a significant role both in standard setting as well as in the
development of further instruments. It consists of 45 govt. representatives elected for a period
of four years, who meet for eight days every year. The commissions mandate includes
follow-up to the Platform of Action adopted by the Fourth World Conference on Women,
held in Beijing in 1995. In 1999 it completed the task of drafting an Optional Protocol that
enabled individual complaint’s to be lodged under the Convention on the Elimination of All
forms of Discrimination against Women.

5. U.N Centre for Human Rights

U. N Centre for human rights has been established at Geneva for co-ordinating human
rights activities. It performs the function of preparing studies, reports and gets them
published. It provides advisory services and renders technical assistance to governments. It
also provides staff for the commission, the Sub-Commission, the Human Rights Committee,
and the Committee on the Elimination of Racial Discrimination.

6. Other U.N Bodies Primarily Concerned With Human Rights

In addition to the above U.N bodies, there are other U.N bodies primarily concerned
with human rights such as Committee on Economic, Social and Cultural Rights, Human
Rights Committee, Committee on the Elimination of Racial Discrimination, Committee on
the Elimination of Discrimination against Women, Committee against Torture, Committee on
the Rights of the Child, Committee on Migrant Workers, Committee on the Rights of Persons
with Disabilities, Committee against Apartheid.

4. Conclusion
 Human Rights and Domestic Jurisdiction:-
It may be stated that presently there is a general agreement that human rights are a matter of
international concern and appropriately a part of the international legal system. The
promotion and protection of human rights and respect of human rights has become a
fundamental task of the United Nations. It has been one of the purposes for the establishment
of the United Nations. Thus the protection of human rights no longer remains a subject of
domestic jurisdiction. Henkin has rightly stated that:- “If human rights were always a matter
of domestic jurisdiction and never a proper subject of external attention in any form,
provisions of the U.N. Charter, the Universal Declaration of the Human Rights, the various
International covenants and conventions and countless activities, resolution and actions of the
U.N. and other international bodies would be ultra-virus.”
The United Nations may not ‘intervene in matters which are essentially within the
domestic jurisdiction of any State’ as per the provisions of Article 2 Para 7 of the U.N.
Charter. However, if human rights are outraged grievously so as to create conditions which
threaten international peace and security, the Security Council may take action against such
States under Chapter VII. It is to be noted that Article 2, Para 7 has been rarely utilized by the
United Nations. If a State is charged with violation of specific human rights, the organs of the
United Nations take up the matter for discussion, recommendations, investigations and
publications. Although such measures have not been found effective, sometimes they do exert
pressure on the States. They also educate and help in creating conditions in the States for the
protection of human rights. The fact is that the various activities of the United Nations and
other international agencies go to prove that the protection of human rights at present is no
longer a matter of domestic concern.
No State has a right to intervene in the affairs of other States on the plea of saving the
people from the ill-treatment by their governments. Most of the States expressed either
condemnation or grave reservations at this illegal and arbitrary attack on the territory of Iraq
– a sovereign State. Humanitarian intervention is a misconceived and highly dangerous
doctrine. Violation of human rights, no doubt, imperils peace, but it cannot be defiance for
eroding the sovereignty of States. A State is not permitted to intervene in the affairs of
another State on humanitarian ground; the proposition does not apply to collective
intervention taken by the Security Council under Chapter VII of the Charter if the violations
of human rights are likely to endanger international peace and security. The Council in the
past took action in a few cases including against South Africa, (1977), Iraq (1991), Somalia
(1992) and Rwanda (1994) on humanitarian grounds
 INTERNATIONAL BILL OF HUMAN RIGHTS
Explain International Bill of Human Rights.
Synopsis:
1. Introduction
2. Composition of the International Bill of Human Rights
1 Universal Declaration of Human Rights 1948
2 International Covenant on Civil and Political Rights 1966
3 International Covenant on Economic, Social and Cultural Rights 1966
4 The optional protocol to the International Covenant on Civil and Political Rights
3. Conclusion
1. Introduction
The International Bill of Human Rights is an informal name given to one General
Assembly resolution and two international treaties established by the United Nations. It
consists of the Universal Declaration of Human Rights (adopted in 1948), the International
Covenant on Civil and Political Rights (1966) with its two Optional Protocols and the
International Covenant on Economic, Social and Cultural Rights (1966). The two covenants
entered into force in 1976, after a sufficient number of countries had ratified them.
In the beginning, different views were expressed about the form the bill of rights
should take. In 1948, General Assembly planned the bill to include UDHR, one Covenant and
measures of implementation. The Drafting Committee decided to prepare two documents:
one in the form of a declaration, which would set forth general principles or standards of
human rights; the other in the form of a convention, which would define specific rights and
their limitations. Accordingly, the Committee transmitted to the Commission on Human
Rights draft articles of an international declaration and an international convention on human
rights. At its second session, in December 1947, the Commission decided to apply the term
"International Bill of Human Rights" to the series of documents in preparation and
established three working groups: one on the declaration, one on the convention (which it
renamed "covenant") and one on implementation. The Commission revised the draft
declaration at its third session, in May/June 1948, taking into consideration comments
received from Governments. It did not have time, however, to consider the covenant or the
question of implementation. The declaration was therefore submitted through the United
Nations Economic and Social Council to the General Assembly, meeting in Paris. The
General Assembly adopted the Universal Declaration of Human Rights (UDHR) on 10th
December 1948, which included the civil, political, economic, social and cultural rights.
Subsequently, in 1966 the Assembly adopted
two covenants that is ICCPR and ICESER. Later Assembly passed optional protocols to these
two Covenants. The UDHR and the two Covenants and the Optional Protocol are popularly
known as the International Bill of Rights.
2. Composition of the International Bill of Human Rights
1. Universal Declaration of Human Rights 1948 (Refer UDHR)
2. International Covenant on Civil and Political Rights 1966 (Refer ICCPR)
3. International Covenant on Economic, Social and Cultural Rights 1966 (Refer ICESC)
4. The optional protocol to the International Covenant on Civil and Political Rights
4. The First Optional Protocol to the International Covenant on Civil and Political
Rights is an international treaty establishing an individual complaint mechanism for the
International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN
General Assembly on 16 December 1966, and entered into force on 23 March 1976. As of
May 2020, it had 35 signatories and 116 states parties. The Optional Protocol establishes an
individual complaints mechanism for the ICCPR similar to those of the Optional Protocol to
the Convention on the Rights of Persons with Disabilities and Article 14 of the Convention
on the Elimination of All Forms of Racial Discrimination. Parties agree to recognise the
competence of the UN Human Rights Committee to consider complaints from individuals
who claim their rights under the Covenant have been violated. Several complainants must
have exhausted all domestic remedies, and anonymous complaints are not permitted. The
Committee must bring complaints to the attention of the relevant party, which must respond
within six months. Following consideration, the Committee must forward its conclusions to
the party and the complainant.
The Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty is a side agreement to the
International Covenant on Civil and Political Rights. It was created on 15 December 1989
and entered into force on 11 July 1991. As of October 2019, the Optional Protocol has 88
states parties. In addition, Armenia has signed, but not ratified the Protocol. The Preamble of
the Protocol underscores the significance of abolition of the death penalty as a measure
enhancing human rights and assumes the commitment of States parties to this end. Article 1
provides for a ban on executions and for the abolition of the death penalty within the
jurisdiction of States parties. Article 2 allows States to reserve the right to apply the death
penalty during wartime for serious military crimes committed during wartime. Article 6
further specifies the non-derogable nature of the ban on executions, even in times of public
emergency. Articles 3, 4 and 5 concern the reporting obligations of States parties and the
complaints procedure and, finally, Articles 7 to 11 cover the procedural issues.
 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948

1. Explain the importance and contents of the Universal Declaration of Human Rights
2. Explain the importance and Provisions of the Universal Declaration of Human
Rights Synopsis

1. Introduction
2. Provisions of the Universal Declaration of Human Rights
1. Preamble of the Universal Declaration
2. General Provisions (Articles 1 and 2)
3. Civil and Political Rights (Articles 3 to 21)
4. Economic, Social and Cultural Rights (Articles 22 to 27)
5. Concluding or Miscellaneous (Articles 28 to 30)
3. Conclusion
1. Introduction
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, the Declaration was adopted by the United
Nations General Assembly by a vote of 48 to nil with eight abstentions, on 10 December
1948 in Paris (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. The Declaration was
the first step in the process of formulating the International Bill of Human Rights, which was
completed in 1966, and came into force in 1976, after a sufficient number of countries had
ratified them. The UDHR contains 30 articles, and covers the most fundamental rights and
freedoms of people (collectively and individually) everywhere in the world. The articles can
be divided into 6 groups.
2. Provisions of the Universal Declaration of Human Rights
1. Preamble of the Universal Declaration

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, Whereas Member States have pledged themselves to
achieve, in co- operation with the United Nations, the promotion of universal respect for and
observance of human rights and fundamental freedoms, Whereas a common understanding of
these rights and freedoms is of the greatest importance for the full realization of this pledge,
2. General Provisions (Articles 1 and 2)
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, 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.

3. Civil and Political Rights

Articles 3 to 21 of the UDHR deal with civil and political Rights which are as follows:
1 Right to life, liberty and security of person
2 Freedom from slavery or servitude
3 Prohibition against torture, inhuman or degrading treatment or punishment
4 Right to be Recognition as a person before the Law
5 Equality before law and equal protection of the law without any discrimination
6 Effective remedy before the national tribunals
7 Freedom from arbitrary arrest detention
8 Right to Trial
9 Presumption of innocence until proved guilty
10 Right to Privacy
 11 Right to Freedom of Movement
12 Right a nationality
13 Right to marry and to found a family
14 Right to own property
15 Right to freedom of religion
16 Right to freedom of opinion and expression )
17 Right to freedom of peaceful assembly and association
18 Right to participate in the Government of his Country
4. Economic, Social and Cultural Rights (Articles 22 to 27)
Articles 22 to 27 of the Universal Declaration deal with economic and social rights which are
as follows:
1 Right to social security (Article 22)
2 Right to work and free choice of employment (Article 23)
3 Right to Equal pay for equal work (Article 23(2))
4 Right to just and favorable remuneration (Article 23(3))
5 Right to rest and leisure (Article 24)
6 Right to health (Art. 25)
7 Right to all children to enjoy same social protection (Art. 25(2))
8 Right to education (Article 26)
9 Right to participate in cultural life (Article 27)
10 Copy Rights (Article 27(2))
5. Concluding Or Miscellaneous Articles (Articles 28 to 30)
Article 28 to 30 of the Universal Declaration of Human Rights explain concluding
provisions they are:-. Article 28 A Fair and Free World. There must be proper order so we
can all enjoy rights and freedoms in our own country and all over the world. Article 29.
Responsibility. We have a duty to other people, and we should protect their rights and
freedoms. Article 30. No One Can Take Away Your Human Rights.

6. Conclusion
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 1966
Discuss Civil and Political Rights under the International Covenant on Civil and
Political Rights or explain the important Provisions of the International Covenant on
Civil and Political Rights
Synopsis

1 Introduction
2 Provisions of International Covenant on Civil and Political Rights
1 Preamble
2 General Provisions (Articles 1 to 3 and 5)
3 Rights in Emergency (Article 4)
4 Substantive Rights or Covenant on Civil and Political Rights (Articles 6 to 27)
5 Implementation or Enforcement Machinery (Articles 28 to 45)
6 Interpretation or Saving Provision (Articles 46 to 47)
7 Final or Concluding Provisions (Articles 48 to 53)
3. Conclusion
1. Introduction
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral
treaty adopted by United Nations General Assembly Resolution 2200A (XXI) on 16
December 1966, and in force from 23 March 1976 in accordance with Article 49 of the
covenant. Article 49 allowed that the covenant would enter into force three months after the
date of the deposit of the thirty-fifth instrument of ratification or accession. The covenant
commits its parties to respect the civil and political rights of individuals, including the right to
life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights
to due process and a fair trial. As of September 2019, the Covenant has 173 parties and six
more signatories without ratification. This Covenant consist of 53 articles and divided in Six
Parts. The ICCPR is part of the International Bill of Human Rights, along with the
International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal
Declaration of Human Rights (UDHR). The ICCPR is monitored by the United Nations
Human Rights Committee (a separate body to the United Nations Human Rights Council),
which reviews regular reports of States parties on how the rights are being implemented.
States must report initially one year after acceding to the Covenant and then whenever the
Committee requests (usually every four years). The Committee normally meets in Geneva
and normally holds three sessions per year.
2. Provisions of International Covenant on Civil and Political Rights
 1. Preamble
The States Parties to the present Covenant, Considering that, in accordance with the
principles proclaimed in the Charter of the United Nations, 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, Recognizing that these rights derive from the
inherent dignity of the human person, Recognizing that, in accordance with the Universal
Declaration of Human Rights, the ideal of free human beings enjoying civil and political
freedom and freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his civil and political rights, as well as his economic, social and
cultural rights, Considering the obligation of States under the Charter of the United Nations
to promote universal respect for and observance of, human rights and freedoms, Realizing
that the individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance of the rights
recognized in the present Covenant,
2. General Provisions (Articles 1 to 3)
Articles 1 to 3 and 5 of Part I and Part II of the Covenant explain General Provisions
Article 1 Right of Self-Determination- 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. 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 2 Non-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 3 Equal right of men and women to the enjoyment of all civil and political
rights- 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.
3. Rights in Emergency (Article 4)

In time of public emergency which threatens the life of the nation and the existence of which
is officially proclaimed, the States Parties to the present Covenant may take measures
derogating from their obligations under the present Covenant to the extent strictly required by
the exigencies of the situation, provided that such measures are not inconsistent with their
other obligations under international law and do not involve discrimination solely on the
ground of race, colour, sex, language, religion or social origin. No derogation from articles 6,
7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision. Any State
Party to the present Covenant availing itself of the right of derogation shall immediately
inform the other States Parties to the present Covenant, through the intermediary of the
Secretary-General of the United Nations, of the provisions from which it has derogated and
of the reasons by which it was actuated. A further communication shall be made, through the
same intermediary, on the date on which it terminates such derogation.
4. Substantive Rights or Civil and Political Rights (Articles 6 to 27)

Articles 6 to 27 of Part III of the Covenant explain Substantive Civil and Political Rights.
They are:-
1. Right to life
2. Prohibition against torture, inhuman or degrading treatment or punishment
3. Freedom from slavery or servitude and forced labour
4. Right to liberty and security of the person
5. Freedom from imprisonment for inability to fulfil a contractual obligation.
6. Freedom of movement and choice his residence
7. Right to a fair trial
8. Right to recognition as a person before the law
9. Right to privacy, family, home and correspondence
10. Right to freedom of thought, conscience and religion
11. Right to freedom of opinion and expression
12. Prohibition of Propaganda of war
13. Right of peaceful assembly
14. Right to freedom of association
15. Right to marry and found a family
16. Rights of the child
17. Right to participate in the government of his country
18. Equality before the law
19. Rights of Minorities
5. Implementation or Enforcement Machinery (Articles 28 to 45)
Articles 28 to 45 of Part IV of the Covenant explain Implementation or Enforcement
Machinery provisions: - The Covenant provides for the establishment of an eighteen
members Human Rights Committee. The Committee shall be composed of nationals of the
States Parties to the present Covenant who shall be persons of high moral character and
recognized competence in the field of human rights, consideration being given to the
usefulness of the participation of some persons having legal experience. The members of the
Committee shall be elected and shall serve in their personal capacity. The members of the
Committee shall be elected by secret ballot from a list of persons possessing the
qualifications prescribed in above and nominated for the purpose by the States Parties to the
present Covenant. Each State Party to the present Covenant may nominate not more than two
persons. These persons shall be nationals of the nominating State. A person shall be eligible
for re-nomination. The committee performs the functions of Implementation of the human
rights in following ways:-the Reporting Procedure, the Inter-State Communication system,
Conciliation Procedure and Individual’s Communication System.
6. Interpretation or Saving Provision (Articles 46 to 47)
Article 46:-Nothing in the present Covenant shall be interpreted as impairing the provisions
of the Charter of the United Nations and of the constitutions of the specialized agencies
which define the respective responsibilities of the various organs of the United Nations and of
the specialized agencies in regard to the matters dealt with in the present Covenant. Article
47:- Nothing in the present Covenant shall be interpreted as impairing the inherent right of all
peoples to enjoy and utilize fully and freely their natural wealth and resources.
7. Final or Concluding Provisions (Articles 48 to 53)
Articles 48 to 53 of Part VI of the Covenant deals with Final or Concluding Provisions. These
provisions are related to Signatures, ratifications and accession entry into force, application,
amendment and authentic language of the texts of the covenant.

3. Conclusion
 International Covenant on Economic, Social and Cultural Rights.
Discus Economic, Social and Cultural Rights under the International Covenant on
Economic, Social and Cultural Rights or explain the important Provisions of the
International Covenant on Economic, Social and Cultural Rights

Synopsis
1 Introduction
2 Provisions of the International Covenant on Economic, Social and Cultural Rights
1 Preamble
2 General Provisions (Articles 1 to 5)
3 Substantive Rights or Economic, Social and Cultural Rights (Articles 6 to 15)
4 Implementation or Enforcement Machinery (Articles 16 to 25)
5 Final or Concluding Provisions (Articles 26 to 31)
3. Conclusion

1. Introduction
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a
multilateral treaty adopted by the United Nations General Assembly on 16 December 1966
through GA. Resolution 2200A (XXI), and came in force from 3 January 1976. It commits its
parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-
Self-Governing and Trust Territories and individuals, including labour rights and the right to
health, the right to education, and the right to an adequate standard of living. As of January
2020, the Covenant has 170 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. It’s consisted of 31 Articles which
are divided in five parts.
2. Provisions of the International Covenant on Economic, Social and Cultural Rights
1. Preamble

The States Parties to the present Covenant, Considering that, in accordance with the
principles proclaimed in the Charter of the United Nations, 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, Recognizing that these rights derive from the
inherent dignity of the human person, Recognizing that, in accordance with the Universal
Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and
want can only be achieved if conditions are created whereby everyone may enjoy his
economic, social and cultural rights, as well as his civil and political rights, Considering the
obligation of States under the Charter of the United Nations to promote universal respect for,
and observance of, human rights and freedoms, Realizing that the individual, having duties to
other individuals and to the community to which he belongs, is under a responsibility to
strive for the promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:
2. General Provisions (Articles 1 to 5)

Article 1 to 5 Part I and II explain General provisions of International Covenant on

Economic, Social and Cultural Rights

Article 1:- Right of Self-Determination

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. 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. 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.
Article 2:- Non-Discrimination
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. 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. 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:- Equal Right 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 4 Limitations in enjoyment of rights only for promoting the general welfare of a
democratic society

Article 5 Non-derogation from the rights enshrined in the Covenant; no person, group or
government has the right to destroy any of these rights

3. Substantive Rights or Economic, Social and Cultural Rights (Articles 6 to 15)

Articles 6 to 15, Part III explain Substantive provisions of International Covenant on

Economic, Social and Cultural Rights

Article 6: Right to Work

Article 6 of the Covenant recognises the right to work, defined as the opportunity of everyone
to gain their living by freely chosen or accepted work. Parties are required to take
"appropriate steps" to safeguard this right, including technical and vocational training and
economic policies aimed at steady economic development and ultimately full employment.
The right implies parties must guarantee equal access to employment and protect workers
from being unfairly deprived of employment. They must prevent discrimination in the
workplace and ensure access for the disadvantaged. The fact that work must be freely chosen
or accepted means parties must prohibit forced or child labour
Article 7: Right to just and favorable conditions of work

Article 7 of the Covenant, recognizes the right of everyone to "just and favorable" working
conditions. These are in turn defined as fair wages with equal pay for equal work, sufficient
to provide a decent living for workers and their dependents; safe working conditions; equal
opportunity in the workplace; and sufficient rest and leisure, including limited working hours
and regular, paid holidays.

Article 8: Right to form and join trade unions

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;
The right to strike, provided that it is exercised in conformity with the laws of the particular
country.
Article 9: Right to social security
Article 9 of the Covenant recognizes "the right of everyone to social security, including social
insurance". It requires parties to provide some form of social insurance scheme to protect
people against the risks of sickness, disability, maternity, employment injury, unemployment
or old age; to provide for survivors, orphans, and those who cannot afford health care; and to
ensure that families are adequately supported. Benefits from such a scheme must be adequate,
accessible to all, and provided without discrimination. The Covenant does not restrict the
form of the scheme, and both contributory and non-contributory schemes are permissible (as
are community-based and mutual schemes)
Article 10: Rights to family life

The States Parties to the present Covenant recognize that: 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. 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. Special measures of protection and
assistance should be taken on behalf of all children and young persons without any dis-
crimination 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: Right to an adequate standard of living
Article 11 recognises the right of everyone to an adequate standard of living. This
includes, but is not limited to, the right to adequate food, clothing, housing, and "the
continuous
improvement of living conditions". It also creates an obligation on parties to work together to
eliminate world hunger.

The right to adequate food, also referred to as the right to food, is interpreted as
requiring "the availability of food in a quantity and quality sufficient to satisfy the dietary
needs of individuals, free from adverse substances, and acceptable within a given culture".
This must be accessible to all, implying an obligation to provide special programmes for the
vulnerable. This must also ensure an equitable distribution of world food supplies in relation to
need, taking into account the problems of food-importing and food-exporting countries. The
right to adequate food also implies a right to water.

The right to adequate housing, also referred to as the right to housing, is "the right to live
somewhere in security, peace and dignity". It requires "adequate privacy, adequate space,
adequate security, adequate lighting and ventilation, adequate basic infrastructure and
adequate location with regard to work and basic facilities – all at a reasonable cost". Parties
must ensure security of tenure and that access is free of discrimination, and progressively
work to eliminate homelessness. Forced evictions, defined as "the permanent or temporary
removal against their will of individuals, families and/or communities from the homes and/or
land which they occupy, without the provision of, and access to, appropriate forms of legal or
other protection", are a prima facie violation of the Covenant.
The right to adequate clothing, also referred to as the right to clothing, has not been
authoritatively defined and has received little in the way of academic commentary or
international discussion. What is considered "adequate" has only been discussed in specific
contexts, such as refugees, the disabled, the elderly, or workers
Article 12: Right to health
Article 12 of the Covenant recognises the right of everyone to "the enjoyment of the highest
attainable standard of physical and mental health". "Health" is understood not just as a right
to be healthy, but as a right to control one's own health and body (including reproduction),
and be free from interference such as torture or medical experimentation. States must protect
this right by ensuring that everyone within their jurisdiction has access to the underlying
determinants of health, such as clean water, sanitation, food, nutrition and housing, and
through a comprehensive system of healthcare, which is available to everyone without
discrimination, and economically accessible to all. Article 12.2 requires parties to take
specific steps to improve the health of their citizens, including reducing infant mortality and
improving child health, improving environmental and workplace health, preventing,
controlling and treating
epidemic diseases, and creating conditions to ensure equal and timely access to medical
services for all. The right to health is an inclusive right extending not only to timely and
appropriate health care, but also to the underlying determinants of health, such as access to
safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and
housing, healthy occupational and environmental conditions.
Article 13 and 14: Right to free 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. Primary education shall be compulsory and available free to all;
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; 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;
Article15: Right to participation in cultural life
Article 15 of the Covenant recognises the right of everyone to participate in cultural life,
enjoy the benefits of scientific progress, and to benefit from the protection of the moral and
material rights to any scientific discovery or artistic work they have created. The latter clause
is sometimes seen as requiring the protection of intellectual property, but the Committee on
Economic, Social and Cultural Rights interprets it as primarily protecting the moral rights of
authors and "proclaim[ing] the intrinsically personal character of every creation of the human
mind and the ensuing durable link between creators and their creations". It thus requires
parties to respect the right of authors to be recognised as the creator of a work. The material
rights are interpreted as being part of the right to an adequate standard of living, and "need
not extend over the entire lifespan of an author." Parties must also work to promote the
conservation, development and diffusion of science and culture, "respect the freedom
indispensable for scientific research and creative activity"] and encourage international
contacts and cooperation in these fields.
4. Implementation or Enforcement Machinery (Articles 16 to 25)
 Article 16 to 25 Part IV explain Implementation provisions of International Covenant
on Economic, Social and Cultural Rights. The Committee on Economic, Social and Cultural
Rights is a body of human rights experts tasked with monitoring the implementation of the
Covenant. It consists of 18 independent human rights experts, elected for four-year terms,
with half the members elected every two years. Unlike other human rights monitoring bodies,
the Committee was not established by the treaty it oversees. Rather, it was established by the
Economic and Social Council following the failure of two previous monitoring bodies. All
states parties are required to submit regular reports to the Committee outlining the legislative,
judicial, policy and other measures they have taken to implement the rights affirmed in the
Covenant. The first report is due within two years of ratifying the Covenant; thereafter reports
are due every five years. The Committee examines each report and addresses its concerns and
recommendations to the State party in the form of "concluding observations”. The Committee
typically meets every May and November in Geneva.
5. Final or Concluding Provisions (Articles 26 to 31)

Articles 26 to 31 of Part V of the Covenant deals with Final or Concluding Provisions. These
provisions are related to Signatures, Ratifications, and Accession (Art 26), Entry into force
(Art 27), Application (Art 28) Amendment (Art 29) and authentic language of the texts of the
covenant. (Art 31).
3. Conclusion