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法規名稱: International Covenant on Economic, Social and Cultural Rights
簽訂日期: 民國 55 年 12 月 16 日
生效日期: 民國 98 年 12 月 10 日
簽約國: 國際組織 > 聯合國
沿革:
1.Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 3 January 1976, in accordance with article 27

 
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:
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, colour, 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 1 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.

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