International Covenant on Civil and Political Rights

 

PART I

Article 1

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

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

2. Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes to take the
necessary steps, in accordance with its constitutional processes and with
the provisions of the present Covenant, to adopt such legislative or other
measures as may be necessary to give effect to the rights recognized in the
present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy,
notwithstanding that the violation has been committed by persons
acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or
legislative authorities, or by any other competent authority provided
for by the legal system of the State, and to develop the
possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies
when granted.

Article 3

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.

Article 4

1. 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.

2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11 ,15, 16 and
18 may be made under this provision.

3. 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.

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 perform any
act aimed at the destruction of any of the rights and freedoms recognized
herein or at their limitation to a greater extent than is provided for in
the present Covenant.

2. There shall be no restriction upon or derogation from any of the
fundamental human rights recognized or existing in any State Party to the
present Covenant pursuant to law, conventions, regulations or custom 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. Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance with
the law in force at the time of the commission of the crime and not
contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide. This penalty can
only be carried out pursuant to a final judgement rendered by a competent
court.

3. When deprivation of life constitutes the crime of genocide, it is
understood that nothing in this article shall authorize any State Party to
the present Covenant to derogate in any way from any obligation assumed
under the provisions of the Convention on the Prevention and Punishment of
the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of the sentence
of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons
below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the
abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without
his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all
their forms shall be prohibited.

2. No one shall be held in servitude.

3. (a) No one shall be required to perform forced or compulsory labour

(b) Paragraph 3 (a) shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to
such punishment by a competent court.

(c) For the purpose of this paragraph the term “forced or compulsory
labour”shall not include:

(i) Any work or service, not referred to in sub-paragraph (b),
normally required of a person who is under detention in
consequence of a lawful order of a court, or of a person during
conditional release from such detention;

(ii) Any service of a military character and, in countries where
conscientious objection is recognized, any national service
required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity
threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil
obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of
his liberty except on such grounds and in accordance with such procedure as
are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges
against him.

3. Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable time or
to release. It shall not be the general rule that persons awaiting trial
shall be detained in custody, but release may be subject to guarantees to
appear for trial, at any other stage of the judicial proceedings, and,
should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings before a court, in order that that court may
decide without delay on the lawfulness of his detention and order his
release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation.

 

Author: international

Mentioned in these Entries

Charter of the United Nations, International Covenant on Civil and Political Rights.