• TABLE OF CONTENTS
HIDE
 Front Cover
 Table of Contents
 Excerpts from the United Nations...
 Universal declaration of human...
 Convention on the prevention and...
 International convention on the...
 International convention on economic,...
 International convention on civil...
 Optional protocol to the international...
 American convention on human...
 Annex: Letters of transmittal and...
 Back Cover














Group Title: Selected documents - Department of State, Office of Media Services
Title: Human rights
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00087304/00001
 Material Information
Title: Human rights eight selected documents on human rights
Series Title: Selected documents - Department of State, Office of Media Services
Physical Description: 29 p. : ; 27 cm.
Language: English
Creator: United States -- Dept. of State. -- Office of Media Services
Publisher: Dept. of State, Bureau of Public Affairs, Office of Media Services
Place of Publication: Washington
Publication Date: 1977
 Subjects
Subject: Human rights   ( lcsh )
Genre: federal government publication   ( marcgt )
non-fiction   ( marcgt )
 Notes
General Note: Caption title.
 Record Information
Bibliographic ID: UF00087304
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 03042344
lccn - 77604235

Table of Contents
    Front Cover
        Page 1
    Table of Contents
        Page 2
    Excerpts from the United Nations Charter
        Page 3
    Universal declaration of human rights
        Page 3
        Page 4
        Page 5
        Page 6
    Convention on the prevention and punishment of the crime of genocide
        Page 7
        Page 8
    International convention on the elimination of all forms of racial discrimination
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
    International convention on economic, social, and cultural rights
        Page 15
        Page 16
        Page 17
        Page 18
    International convention on civil and political rights
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
    Optional protocol to the international covenant on civil and political rights
        Page 28
        Page 29
    American convention on human rights
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
    Annex: Letters of transmittal and submittal, with suggested reservations, understandings, and declarations
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
    Back Cover
        Page 64
Full Text





The Department

of State

Bureau of Public Affairs
Selected D ocum ents No. 5 (Revised) Office of Public Communication


Human Rights


"The search for peace and justice also means respect for human
dignity. All the signatories of the UN Charter have pledged them-
selves to observe and to respect basic human rights. Thus, no member
of the United Nations can claim that mistreatment of its citizens is
solely its own business. Equally, no member can avoid its responsi-
bilities to review and to speak when torture or unwarranted depriva-
tion occurs in any part of the world.
The basic thrust of human affairs points toward a more uni-
versal demand for fundamental human rights. The United States has
a historical birthright to be associated with this process.
We in the United States accept this responsibility in the fullest
and the most constructive sense. Ours is a commitment and not just a
political posture. I know perhaps as well as anyone that our own
ideals in the area of human rights have not always been attained in
the United States, but the American people have an abiding commit-
ment to the full realization of these ideals. And we are determined,
therefore, to deal with our deficiencies quickly and openly. We have
nothing to conceal.
To demonstrate this commitment, I will seek congressional ap-
proval and sign the UN Covenant on Economic, Social, and Cultural
Rights and the Covenant on Civil and Political Rights. And I will work
closely with our own Congress in seeking to support the ratification
not only of these two instruments but the UN Genocide Convention
and the Treaty for the Elimination of All Forms of Racial Discrimi-
nation as well. .. ."
-President Carter
United Nations
March 17, 1977























EIGHT SELECTED DOCUMENTS ON HUMAN RIGHTS



Excerpts from the UN Charter
Universal Declaration of Human Rights
Convention on the Prevention and Punishment of the Crime of Genocide
International Convention on the Elimination of all Forms of Racial Discrimination
International Covenant on Economic, Social, and Cultural Rights
International Covenant on Civil and Political Rights
Optional Protocol to the International Covenant on Civil and Political Rights
American Convention on Human Rights



Annex

Letters of Transmittal and Submittal, with suggested reservations,
understandings, and declarations.









EXCERPTS FROM
THE UNITED NATIONS CHARTER


The charter was signed on June 26,
1945, in San Francisco at the conclusion of
the UN Conference on International Organiza-
tion. It entered into force for the United
States on October 24, 1945. An important
aim was the protection of human rights and
language to that effect was incorporated in
the charter, pending the preparation and
adoption of a universal declaration of rights.
Following are excerpts dealing with human
rights.

We the Peoples of the United Nations
Determined

to save succeeding generations from the
scourge of war, which twice in our life-
time has brought untold sorrow to man-
kind, and

to reaffirm 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. ..

Have Resolved to Combine Our Efforts
to Accomplish These Aims...
Article 1

The Purposes of the United. Nations
are:

To achieve international co-opera-
tion in solving international problems of
an economic, social, cultural, or humani-
tarian character, and in promoting and
encouraging respect for human rights
and for fundamental freedoms for all
without distinction as to race, sex lan-
guage, or religion....


Article 55


With a view to the creation of con-


editions of stability and well-being which
are necessary for peaceful and friendly
relations among nations based on respect
for the principle of equal rights and self-
determination of peoples, the United
Nations shall promote:

a. higher standards of living, full
employment, and conditions of eco-
nomic and social progress and develop-
ment;
b. solutions of international eco-
nomic, social, health, and related
problems; and international cultural
and educational cooperation; and
c. universal respect for, and ob-
servance of, human rights and funda-
mental freedoms for all without dis-
tinction as to race, sex, language, or
religion.

Article 56

All Members pledge themselves to
take joint and separate action in
co-operation with the Organization for
the achievement of the purposes set
forth in Article 55.


UNIVERSAL DECLARATION
OF HUMAN RIGHTS

The declaration was the work of the UN
Commission on Human Rights which met in
January 1947 under the chairmanship of Mrs.
Franklin D. Roosevelt. The Universal Declara-
tion of Human Rights they drew up was
adopted and proclaimed by the General
Assembly on December 10, 1948. It was the
first effort to set common standards of
achievement in human rights for all peoples of
all nations.

Preamble

Whereas recognition of the inherent dignity
and of the equal and inalienable rights of all









EXCERPTS FROM
THE UNITED NATIONS CHARTER


The charter was signed on June 26,
1945, in San Francisco at the conclusion of
the UN Conference on International Organiza-
tion. It entered into force for the United
States on October 24, 1945. An important
aim was the protection of human rights and
language to that effect was incorporated in
the charter, pending the preparation and
adoption of a universal declaration of rights.
Following are excerpts dealing with human
rights.

We the Peoples of the United Nations
Determined

to save succeeding generations from the
scourge of war, which twice in our life-
time has brought untold sorrow to man-
kind, and

to reaffirm 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. ..

Have Resolved to Combine Our Efforts
to Accomplish These Aims...
Article 1

The Purposes of the United. Nations
are:

To achieve international co-opera-
tion in solving international problems of
an economic, social, cultural, or humani-
tarian character, and in promoting and
encouraging respect for human rights
and for fundamental freedoms for all
without distinction as to race, sex lan-
guage, or religion....


Article 55


With a view to the creation of con-


editions of stability and well-being which
are necessary for peaceful and friendly
relations among nations based on respect
for the principle of equal rights and self-
determination of peoples, the United
Nations shall promote:

a. higher standards of living, full
employment, and conditions of eco-
nomic and social progress and develop-
ment;
b. solutions of international eco-
nomic, social, health, and related
problems; and international cultural
and educational cooperation; and
c. universal respect for, and ob-
servance of, human rights and funda-
mental freedoms for all without dis-
tinction as to race, sex, language, or
religion.

Article 56

All Members pledge themselves to
take joint and separate action in
co-operation with the Organization for
the achievement of the purposes set
forth in Article 55.


UNIVERSAL DECLARATION
OF HUMAN RIGHTS

The declaration was the work of the UN
Commission on Human Rights which met in
January 1947 under the chairmanship of Mrs.
Franklin D. Roosevelt. The Universal Declara-
tion of Human Rights they drew up was
adopted and proclaimed by the General
Assembly on December 10, 1948. It was the
first effort to set common standards of
achievement in human rights for all peoples of
all nations.

Preamble

Whereas recognition of the inherent dignity
and of the equal and inalienable rights of all









members of the human family is the founda-
tion 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 pro-
claimed 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 de-
velopment 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 deter-
mined 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 univer-
sal respect for and observance of human rights
and fundamental freedoms,
Whereas a common understanding of these
rights and freedoms is of the greatest import-
ance for the full realization of this pledge,


Now, therefore,


The General Assembly


Proclaims this Universal Declaration of
Human Rights as a common standard of
achievement for all peoples and all nations, to
the end that every individual and every organ
of society, keeping this Declaration constant-
ly in mind, shall strive by teaching and educa-
tion to promote respect for these rights and
freedoms and by progressive measures, na-
tional and international to secure their univer-
sal and effective recognition and observance,


both among the peoples of Member States
themselves and among the peoples of terri-
tories under their jurisdiction.

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, with-
out 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 terri-
tory to which a person belongs, whether it be
independent, trust, non-self-governing or
under any other limitation of sovereignty.

Article 3
Everyone has the right to life, liberty and
the security of person.
Article 4
No one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited
in all their forms.
Article 5

No one shall be subjected to torture or to
cruel, inhuman or degrading treatment or
punishment.


Article 6


Everyone has the right to recognition
everywhere as a person before the law.

Article 7
All are equal before the law and are en-
titled without any discrimination to equal
protection of the law. All are entitled to equal
protection against any discrimination in viola-
tion of this Declaration and against any incite-
ment to such discrimination.









Article 8

Everyone has the right to an effective
remedy by the competent national tribunals
for acts violating the fundamental rights
granted him by the constitution or by law.

Article 9
No one shall be subjected to arbitrary
arrest, detention or exile.

Article 10
Everyone is entitled in full equality to a
fair and public hearing by an independent and
impartial tribunal, in the determination of his
rights and obligations and of any criminal
charge against him.

Article 11

1. Everyone charged with a penal offence
has the right to be presumed innocent until
proved guilty according to law in a public trial
at which he has had all the guarantees
necessary for his defence.
2. No one shall be held guilty of any penal
offence on account of any act or omission
which did not constitute a penal offence,
under national or international law, at the
time when it was committed. Nor shall a
heavier penalty be imposed than the one that
was applicable at the time the penal offence
was committed.

Article 12
No one shall be subjected to arbitrary
interference with his privacy, family, home or
correspondence, nor to attacks upon his
honour and reputation. Everyone has the
right to the protection of the law against such
interference or attacks.

Article 13

1. Everyone has the right to freedom of
movement and residence within the borders
of each State.
2. Everyone has the right to leave any
country, including his own, and to return to
his country.


Article 14

1. Everyone has the right to seek and to
enjoy in other countries asylum from persecu-
tion.
2. This right may not be invoked in the
case of prosecutions genuinely arising from
non-political crimes or from acts contrary to
the purposes and principles of the United
Nations.

Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of
his nationality nor denied the right to change
his nationality.

Article 16
1. Men and women of full age, without any
limitation due to race, nationality or religion,
have the right to marry and to found a family.
They are entitled to equal rights as to
marriage, during marriage and at its dissolu-
tion.
2. Marriage shall be entered into only with
the free and full consent of the intending
spouses.
3. The family is the natural and fundamen-
tal group unit of society and is entitled to
protection by society and the State.

Article 17

1. Everyone has the right to own property
alone as well as in association with others.
2. No one shall be arbitrarily deprived of
his property.

Article 18
Everyone has the right to freedom of
thought, conscience and religion; this right in-
cludes freedom to change his religion or
belief, and freedom, either alone or in
community with others and in public or
private, to manifest his religion or belief in
teaching, practice, worship and observance.

Article 19
Everyone has the right to freedom of
opinion and expression; this right includes









freedom to hold opinions without interfer-
ence and to seek, receive and impart informa-
tion and ideas through any media and regard-
less of frontiers.

Article 20

1. Everyone has the right to freedom of
peaceful assembly and association.
2. No one may be compelled to belong to
an association.

Article 21
1. Everyone has the right to take part in
the government of his country, directly or
through freely chosen representatives.
2. Everyone has the right of equal access to
public service in his country.
3. The will of the people shall be the basis
of the authority of government; this will shall
be expressed in periodic and genuine elections
which shall be by universal and equal suffrage
and shall be held by secret vote or by equiva-
lent free voting procedures.

Article 22
Everyone, as a member of society, has the
right to social security and is entitled to
realization, through national effort and inter-
national co-operation and in accordance with
the organization and resources of each State,
of the economic, social and cultural rights
indispensable for his dignity and the free
development of his personality.

Article 23
1. Everyone has the right to work, to free
choice of employment, to just and favourable
conditions of work and to protection against
unemployment.
2. Everyone, without any discrimination,
has the right to equal pay for equal work.
3. Everyone who works has the right to just
and favourable remuneration ensuring for
himself and his family an existence worthy of
human dignity, and supplemented, if neces-
sary, by other means of social protection.
4. Everyone one has the right to form and
to join trade unions for the protection of his
interests.


Article 24

Everyone has the right to rest and leisure,
including reasonable limitation of working
hours and periodic holidays with pay.

Article 25
1. Everyone has the right to a standard of
living adequate for the health and well-being
of himself and of his family, including food,
clothing, housing and medical care and
necessary social services, and the right to se-
curity in the event of unemployment, sick-
ness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his
control.
2. Motherhood and childhood are entitled
to special care and assistance. All children,
whether born in or out of wedlock, shall en-
joy the same social protection.

Article 26

1. Everyone has the right to education.
Education shall be free, at least in the elemen-
tary and fundamental stages. Elementary
education shall be compulsory. Technical and
professional education shall be made generally
available and higher education shall he equally
accessible to all on the basis of merit.
2. Education shall be directed to the full
development of the human personality and to
the strengthening of respect for human rights
and fundamental fredoms. It shall promote
understanding, tolerance and friendship
among all nations, racial or religious groups,
and shall further the activities of the United
Nations for the maintenance of peace.
3. Parents have a prior right to choose the
kind of education that shall be given to their
children.

Article 27

1. Everyone has the right freely to partici-
pate in the cultural life of the community, to
enjoy the arts and to share in scientific ad-
vancement and its benefits.
2. Everyone has the right to the protection
of the moral and material interests resulting










from any scientific, literary or artistic produc-
tion of which he is the author.
Article 28

Everyone is entitled to a social and interna-
tional order in which the rights and freedoms
set forth in this Declaration can be fully
realized.
Article 29
1. Everyone has duties to the community
in which alone the free and full development
of his personality is possible.
2. In the exercise of his rights and
freedoms, everyone shall be subject only to
such limitations as are determined by law
solely for the purpose of securing due recog-
nition and respect for the rights and freedoms
of others and of meeting the just require-
ments of morality, public order and the
general welfare in a democratic society.
3. These rights and freedoms may in no
case be exercised contrary to the purposes
and principles of the United Nations.
Article 30

Nothing in this Declaration may be inter-
preted 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 and freedoms set forth
herein.

CONVENTION ON THE PREVENTION
AND PUNISHMENT
OF THE CRIME OF GENOCIDE

Drawn up in the immediate wake of
World War II, this convention forbids States
or individuals to commit acts with the specific
intent to destroy, wholly or partially, a na-
tional, ethnic, racial, or religious group. The
convention was adopted by the UN General
Assembly in 1948; the United States signed it
and it was submitted to the Senate for advice
and consent to ratification in 1949 and re-
submitted in 1970. Eighty-three nations are
parties to the convention, but it has not yet
been ratified by the United States. Hearings
have been held before the Senate Foreign Re-
lations Committee.


CONVENTION ON THE PREVENTION AND PUNISHMENT OF
THE CRIME OF GENOCIDE
THE CONTRACTING PARTIES,
HAVING CONBIDEBED the declaration made by the Gen-
eral Assembly of the United Nations in its resolution
96 (I) dated 11 December 1946 that genocide is a
crime under international law, contrary to the spirit
and aims of the United Nations and condemned by the
civilized world;
RECOGNIZING that at all periods of history genocide
has inflicted great losses on humanity; and
BEING CONVINCED that, in order to liberate mankind
from such an odious scourge, international co-operation
is required,
HEBEBY AGREE AS HEREINAFTER PROVIDED:
ARTICLE I
The Contracting Parties confirm that genocide,
whether committed in time of peace or in time of war,
is a crime under international law which they under-
take to prevent and to punish.
ARTICLE II
In the present Convention, genocide means any of
the following acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious
group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to mem-
bers of the group;
(c) Deliberately inflicting on the group conditions
of life calculated to bring about its physical destruction
in whole or in part;
(4) Imposing measures intended to prevent births
within the group;
(e) Forcibly transferring children of the group to
another group.

ARTICLE III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit
genocide;
(4) Attempt to commit genocide;
(e) Complicity in genocide.
ARTICLE IV
Persons committing genocide or any of the other acts
enumerated in article III shall be punished, whether
they are constitutionally responsible rulers, public
officials or private individuals.
ARTICLE V
The Contracting Parties undertake to enact, in
accordance with their respective Constitutions, the
necessary legislation to give effect to the provisions of
the present Convention and, in particular, to provide
effective penalties for persons guilty of genocide or of
any of the other acts enumerated in article III.











ARTICLE VI
Persons charged with genocide or any of the other
acts enumerated in article III shall be tried by a com-
petent tribunal of the State in the territory of which
the act was committed, or by such international penal
tribunal as may have jurisdiction with respect to
those Contracting Parties which shall have accepted
its jurisdiction.

ARTICLE VII
Genocide and the other acts enumerated in article
III shall not be considered as political crimes for the
purpose of extradition.
The Contracting Parties pledge themselves in such
cases to grant extradition in accordance with their
laws and treaties in force.

ARTICLE VIII
Any Contracting Party may call upon the compe-
tent organs of the United Nations to take such action
under the Charter of the United Nations as they con-
sider appropriate for the prevention and suppression
of acts of genocide or any of the other acts enumerated
in article III.

ARTICLE IX
Disputes between the Contracting Parties relating
to the interpretation, application or fulfillment of the
present Convention, including those relating to the re-
sponsibility of a State for genocide or for any of the
other acts enumerated in article III, shall be sub-
mitted to the International Court of Justice at the re-
quest of any of the parties to the dispute.

ARTICLE X
The present Convention, of which the Chinese, Eng-
lish, French, Russian and Spanish texts are equally
authentic, shall bear the date of 9 December 1948.

ARTICLE XI
The present Convention shall be open until 31 De-
cember 1949 for signature on behalf of any Member
of the United Nations and of any non-member State
to which an invitation to sign has been addressed by
the General Assembly.
The present Convention shall be ratified, and the
instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
After 1 January 1950 the present Convention may
be acceded to on behalf of any Member of the United
Nations and of any non-member State which has re-
ceived an invitation as aforesaid.
Instruments of accession shall be deposited with
the Secretary-General of the United Nations.

ARTICLE XII
Any Contracting Party may at any time, by notifica-
tion addressed to the Secretary-General of the United
Nations, extend the application of the present Conven-
tion to all or any of the territories for the conduct of
whose foreign relations that Contracting Party is
responsible.


ARTICLE XIII
On the day when the first twenty instruments of
ratification or accession have been deposited, the
Secretary-General shall draw up a proces-verbal and
transmit a copy thereof to each Member of the United
Nations and to each of the non-member States con-
templated in article XI.
The present Convention shall come into force on the
ninetieth day following the date of deposit of the
twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to
the latter date shall become effective on the ninetieth
day following the deposit of the instrument of ratifica-
tion or accession.

ARTICLE XIV
The present Convention shall remain in effect for
a period of ten years as from the date of its coming
into force.
It shall thereafter remain in force for successive
periods of five years for such Contracting Parties as
have not denounced it at least six months before the
expiration of the current period.
Denunciation shall be effected by a written notifica-
tion addressed to the Secretary-General of the United
Nations.

ARTICLE XV
If, as a result of denunciations, the number of
Parties to the present Convention should become less
than sixteen, the Convention shall cease to be in force
as from the date on which the last of these denuncia-
tions shall become effective.

ARTICLE XVI
A request for the revision of the present Conven-
tion may be made at any time by any Contracting
Party by means of a notification in writing addressed
to the Secretary-General.
The General Assembly shall decide upon the steps,
if any, to be taken in respect of such request.

ARTICLE XVII
The Secretary-General of the United Nations shall
notify all Members of the United Nations and the
non-member States contemplated in article XI of the
following:

(a) Signatures, ratifications and accessions re-
ceived in accordance with article XI;
(b) Notifications received in accordance with article
XII;
(c) The date upon which the present Convention
comes into foice in accordance with article XIII;
(d) Denunciations received in accordance with
article XIV;
(e) The abrogation of the Convention in accord-
ance with article XV;
(f) Notifications received in accordance with article
XVI.

ARTICLE XVIII
The original of the present Convention shall be









deposited in the archives of the United Nations.
A certified copy of the Convention shall be trans-
mitted to each Member of the United Nations and to
each of the non-member States contemplated in article
XI.
ARTICLE XIX
The present Convention shall be registered by the
Secretary-General of the United Nations on the date
of its coming into force.

INTERNATIONAL CONVENTION
ON THE ELIMINATION OF ALL FORMS
OF RACIAL DISCRIMINATION

The convention forbids racial and ethnic dis-
crimination in allfields of public life. Its terms, for
the most part, parallel U.S. constitutional and
statutory law and policy. The convention was
adopted by the UN General Assembly in 1965 and
signed by Ambassador Goldberg for the United
States in 1966. One hundred and one nations have
adhered to the convention. President Carter trans-
mitted it to the U.S. Senate for advice and consent
to ratification on February 23, 1978.*
The States Parties to this Convention,
Considering that the Charter of the United Nations
is based on the principles of the dignity and equality
inherent in all human beings, and that all Member
States have pledged themselves to take joint and separ-
ate action, in co-operation with the Organization, for
the achievement of one of the purposes of the United
Nations which is to promote and encourage universal
respect for and observance of human rights and funda-
mental freedoms for all, without distinction as to race,
sex, language or religion,
Considering that the Universal Declaration of Human
Rights proclaims that all human beings are born free
and equal in indignity and rights and that everyone is
entitled to all the rights and freedoms set out therein,
without distinction of any kind, in particular as to race,
colour or national origin,
Considering that all human beings are equal before
the law and are entitled to equal protection of the law
against any discrimination and against any incitement
to discrimination,
Considering that the United Nations has condemned
colonialism and all practices of segregation and dis-
crimination associated therewith, in whatever form and
wherever they exist, and that the Declaration on the
Granting of Independence to Colonial Countries and
Peoples of 14 December 1960 (General Asssembly re-
solution 1514 (XV)) has affirmed and solemnly pro-
claimed the necessity of bringing them to a speedy
and unconditional end,

*Letters of Transmittal and Submittal with suggested reservations,
understandings, and declarations are to be found in the Annex.


Considering that the United Nations Declaration on
the Elimination of All Forms of Racial Discrimination
of 20 November 1963 (General Assembly resolution
1904 (XVIII)) solemnly affirms the necessity of
speedily eliminating racial discrimination throughout
the world in all its forms and manifestations and of
securing understanding of and respect for the dignity
of the human person,
Convinced that any doctrine of superiority based
on racial differentiation is scientifically false, morally
condemnable, socially unjust and dangerous, and that
there is no justification for racial discrimination, in
theory or in practice, anywhere,
Reaffirming that discrimination between human
beings on the grounds of race, colour or ethnic origin
is an obstacle to friendly and peaceful relations among
nations and is capable of disturbing peace and security
among peoples and the harmony of persons living side
by side even within one and the same State,
Convinced that the existence of racial barriers is
repugnant to the ideals of any human society,
Alarmed by manifestations of racial discrimination
still in evidence in some areas of the world and by
governmental policies based on racial superiority or
hatred, such as policies of apartheid, segregation or
separation,
Resolved to adopt all necessary measures for speedily
eliminating racial discrimination in all its forms and
manifestations, and to prevent and combat racist doc-
trines and practices in order to promote understanding
between races and to build an international community
free from all forms of racial segregation and racial
discrimination,
Bearing in mind the Convention concerning Dis-
crimination in respect of Employment and Occupa-
tion adopted by the International Labour Organisation
in 1958, and the Convention against Discrimination
in Education adopted by the United Nations Educa-
tional, Scientific and Cultural Organization in 1960,
Desiring to implement the principles embodied in
the United Nations Declaration on the Elimination
of All Forms of Racial Discrimination and to secure
the earliest adoption of practical measures to that
end,
Have agreed as follows:


PART I

Article 1
1. In this Convention, the term "racial discrimi-
nation" shall mean any distinction, exclusion, restric-
tion or preference based on race, colour, descent, or
national or ethnic origin which has the purpose or
effect of nullifying or impairing the recognition, enjoy-
ment or exercise, on an equal footing, of human rights
and fundamental freedoms in the political, economic,
social, cultural or any other field of public life.
2. This Convention shall not apply to distinctions,









exclusions, restrictions or preferences made by a State
Party to this Convention between citizens and non-
citizens.
3. Nothing in this Convention may be interpreted
as affecting in any way the legal provisions of States
Parties concerning nationality, citizenship or naturaliza-
tion, provided that such provisions do not discri-
minate against any particular nationality.
4. Special measures taken for the sole purpose of
securing adequate advancement of certain racial or
ethnic groups or individuals requiring such protection
as may be necessary in order to ensure such groups or
individuals equal enjoyment or exercise of human rights
and fundamental freedoms shall not be deemed racial
discrimination, provided, however, that such measures
do not, as a consequence, lead to the maintenance of
separate rights for different racial groups and that they
shall not be continued after the objectives for which
they were taken have been achieved.

Article 2
1. States Parties condemn racial discrimination and
undertake to pursue by all appropriate means and
without delay a policy of eliminating racial discrimi-
nation in all its forms and promoting understanding
among all races, and, to this end:
(a) Each State Party undertakes to engage in no
act or practice of racial discrimination against persons,
groups of persons or institutions and tc ensure that all
public authorities and public institutions, national and
local, shall act in conformity with this obligation;
(b) Each State Party undertakes not to sponsor,
defend or support racial discrimination by any persons
or organizations;
(c) Each State Party shall take effective measures
to review governmental, national and local policies,
and to amend, rescind or nullify any laws and regula-
tions which have the effect of creating or perpetuating
racial discrimination wherever it exists;
(d) Each State Party shall prohibit and bring to
an end, by all appropriate means, including legislation
as required by circumstances, racial discrimination by
any persons, group or organization;
(e) Each State Party undertakes to encourage,
where appropriate, integrationist multi-racial organiza-
tions and movements and other means of eliminating
barriers between races, and to discourage anything
which tends to strengthen racial division.
2. States Parties shall, when the circumstances so
warrant, take, in the social, economic, cultural and
other fields, special and concrete measures to ensure
the adequate development and protection of certain
racial groups or individuals belonging to them, for the
purpose of guaranteeing them the full and equal en-
joyment of human rights and fundamental freedoms.
These measures shall in no case entail as a conse-
quence the maintenance of unequal or separate rights
for different racial groups after the objectives for which
they were taken have been achieved.


Article 3
States Parties particularly condemn racial segrega-
tion and apartheid and undertake to prevent, prohibit
and eradicate all practices of this nature in territories
under their jurisdiction.

Article 4
States Parties condemn all propaganda and all or-
ganizations which are based on ideas or theories of
superiority of one race or group of persons of one
colour or ethnic origin, or which attempt to justify
or promote racial hatred and discrimination in any
form, and undertake to adopt immediate and positive
measures designed to eradicate all incitement to, or
acts of, such discrimination and, to this end, with
due regard to the principles embodied in the Universal
Declaration of Human Rights and the rights expressly
set forth in article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all
dissemination of ideas based on racial superiority or
hatred, incitement to racial discrimination, as well as
all acts of violence or incitement to such acts against
any race or group of persons of anothercolour or ethnic
origin, and also the provision of any assistance to
racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations,
and also organized and all other propaganda activities,
which promote and incite racial discrimination, and
shall recognize participation in such organizations or
activities as an offence punishable by law;
(c) Shall not permit public authorities or public
institutions, national or local, to promote or incite
racial discrimination.

Article 5
In compliance with the fundamental obligations laid
down in article 2 of this Convention, States Parties
undertake to prohibit and to eliminate racial discrimi-
nation in all its forms and to guarantee the right of
everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law,
notably in the enjoyment of the following rights:
(a) The right to equal treatment before the tribunals
and all other organs administering justice;
(b) The right to security of person and protection
by the State against violence or bodily harm, whether
inflicted by government officials or by any individual
group or institution;
(c) Political rights, in particular the rights to parti-
cipate in elections-to vote and to stand for election-
on the basis of universal and equal suffrage, to take
part in the Government as well as in the conduct of
public affairs at any level and to have equal access to
public service;
(d) Other civil rights, in particular:
(i) The right to freedom of movement and re-
sidence within the border of the State;










(ii) The right to leave any country, including
one's own, and to return to one's country;
(iii) The right to nationality;
(iv) The right to marriage and choice of spouse;
(v) The right to own property alone as well as in
association with others;
I(vi) The right to inherit;
(vii) The right to freedom of thought, conscience
and religion;
(viii) The right to freedom of opinion and expres-
sion;
(ix) The right to freedom of peaceful assembly and
association;
(e) Economic, social and cultural rights, in parti-
cular:
/ (i) The rights to work, to free choice of employ-


(ii)
(iii)
(iv)


ment, to just and favourable conditions of
work, to protection against unemployment, to
equal pay for equal work, to just and favour-
able remuneration;
The right to form and join trade unions;
The right to housing;
The right to public health, medical care, social
security and social services;


(v) The right to education, and training;
(vi) The right to equal participation in cultural
activities;
(f) The right of access to any place or service in-
tended for use by the general public, such as trans-
port, hotels, restaurants, cafes, theatres and parks.


Article 6
States Parties shall assure to everyone within their
jurisdiction effective protection and remedies, through
the competent national tribunals and other State insti-
tutions, against any acts of racial discrimination which
violate his human rights and fundamental freedoms
contrary to this Convention, as well as the right to
seek from such tribunals just and adequate reparation
or satisfaction for any damage suffered as a result of
such discrimination.

Article 7
States Parties undertake to adopt immediate and
effective measures, particularly in the fields of teach-
ing, education, culture and information, with a view
to combating prejudices which lead to racial discri-
mination and to promoting understanding, tolerance
and friendship among nations and racial or ethnical
groups, as well as to propagating the purposes and
principles of the Charter of the United Nations, the
Universal Declaration of Human Rights, the United
Nations Declaration on the Elimination of All Forms
of Racial Discrimination, and this Convention.


PART II


Article 8
1. There shall be established a Committee on the
Elimination of Racial Discrimination (hereinafter re-
ferred to as the Committee) consisting of eighteen
experts of high moral standing and acknowledged im-
partiality elected by States Parties from among their
nationals, who shall serve in their personal capacity,
consideration being given to equitable geographical
distribution and to the representation of the different
forms of civilization as well as of the principal legal
systems.
2. The members of the Committee shall be elected
by secret ballot from a list of persons nominated by
the States Parties. Each State Party may nominate one
person from among its own nationals.
3. The initial election,shall be held six months after
the date of the entry into force of this Convention. At
least three months before the date of each election the
Secretary-General of the United Nations shall address a
letter to the States Parties inviting them to submit.
their nominations within two months. The Secretary-
Gneral shall prepare a list in alphabetical order of
all persons thus nominated, indicating the States
Parties which have nominated them, and shall sub-
mit it to the States Parties.
4. Elections of the members of the Committee shall
-, held at a meeting of States Parties convened by
the Secretary-General at United Nations Headquarters.
At that meeting, for which two thirds of the States
Parties shall constitute a quorum, the persons elected
to the Committee shall be those nominees who obtain
the largest number of votes and an absolute majority
of the votes of the representatives of States Parties
present and voting.
5. (a) The members of the Committee shall be
elected for a term of four years. However, the terms
of nine of the members elected at the first election
shall expire at the end of two years; immediately after
the first election the names of these nine members shall
be chosen by lot by the Chairman of the Committee.
(b) For the filling of casual vacancies, the State
Party whose expert has ceased to function as a member
of the Committee shall appoint another expert from
among its nationals, subject to the approval of the
Committee.
6. States Parties shall be responsible for the ex-
penses of the members of the Committee while they
are in performance of Committee duties.


Article 9
1. States Parties undertake to submit to the Sec-
retary-General of the United Nations, for considera-
tion by the Committee, a report on the legislative,
judicial, administrative or other measures which they









have adopted and which give effect to the provisions
of this Convention: (a) within one year after the
entry into force of the Convention for the State con-
cerned; and (b) thereafter every two years and when-
ever the Committee so requests. The Committee may
request further information from the States Parties.
2. The Committee shall report annually, through the
Secretary-General, to the General Assembly of the
United Nations on its activities and may make sugges-
tions and general recommendations based on the exami-
nation of the reports and information received from the
States Parties. Such suggestions and general recommen-
dations shall be reported to the General Assembly
together with comments, if any, from States Parties.

Article 10
1. The Committee shall adopt its own rules of pro-
cedure.
2. The Committee shall elect its officers for a term
of two years.
3. The secretariat of the Committee shall be pro-
vided by the Secretary-General of the United Nations.
4. The meetings of the Committee shall normally
be held at United Nations Headquarters.

Article 11
1. If a State Party considers that another State
Party is not giving effect to the provisions of this
Convention, it may bring the matter to the attention
of the Committee. The Committee shall then transmit
the communication to the State Party concerned.
Within three months, the receiving State shall submit
to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may
have been taken by that State.
2. If the matter is not adjusted to the satisfaction
of both parties, either by bilateral negotiations or by
any other procedure open to them, within six months
after the receipt by the receiving State of the initial
communication, either State shall have the right to
refer the matter again to the Committee by notifying
the Committee and also the other State.
3. The Committee shall deal with a matter referred
to it in accordance with paragraph 2 of this article
after it has ascertained that all available domestic
remedies have been invoked and exhausted in the
case, in conformity with the generally recognized prin-
ciples of international law. This shall not be the rule
where the application of the remedies is unreasonably
prolonged.
4. In any matter referred to it, the Committee may
call upon the States Parties concerned to supply any
other relevant information.
5. When any matter arising out of this article is
being considered by the Committee, the States Parties
concerned shall be entitled to send a representative
to take part in the proceedings of the Committee, with-
out voting rights, while the matter is under considera-
tion.


Article 12
1. (a) After the Committee has obtained and col-
lated all the information it deems necessary, the Chair-
man shall appoint an ad hoc Conciliation Commission
(herein-aftcr referred to as the Commission) compris-
ing five persons who may or may not be members
of the Committee. The members of the Commission
shall be appointed with the unanimous consent of the
parties to the dispute, and its good offices shall be
be made available to the States concerned with a view
to an amicable solution of the matter on the basis
of respect for this Convention.
(b) If the States parties to the dispute fail to reach
agreement within three months on all or part of the
composition of the Commission, the members of the
Commission not agreed upon by the States parties to
the dispute shall be elected by secret ballot by a two-
thirds majority vote of the Committee from among its
own members.
2. The members of the Commission shall serve in
their personal capacity. They shall not be nationals
of the States parties to the dispute or of a State not
Party to this Convention.
3. The Commission shall elect its own Chairman
and adopt its own rules of procedure.
4. The meetings of the Commission shall normally
be held at United Nations Headquarters or at any
other convenient place as determined by the Com-
mission.
5. The secretariat provided in acordance with arti-
cle 10, paragraph 3, of this Convention shall also
service the Commission whenever a dispute among
States Parties brings the Commission into being.
6. The States parties to the dispute shall share
equally all the expenses of the members of the Com-
mission in accordance with estimates to be provided
by the Secretary-General of the United Nations.
7. The Secretary-General shall be empowered to
pay the expenses of the members to the Commission,
if necessary, before reimbursement by the States parties
to the dispute in accordance with paragraph 6 of this
article.
8. The information obtained and collated by the
Committee shall be made available to the Commission,
and the Commission may call upon the States con-
cerned to supply any other relevant information.

Article 13
1. When the Commission has fully considered the
matter, it shall prepare and submit to the Chairman
of the Committee a report embodying its findings on
all questions of fact relevant to the issue between the
parties and containing such recommendations as it
may think proper for the amicable solution of the
dispute.
2. The Chairman of the Committee shall commu-
nicate the report of the Commission to each of the









States parties to the dispute. These States shall, within
three months, inform the Chairman of the Committee
whether or not they accept the recommendations
contained in the report of the Commission.
3. After the period provided for in paragraph 2
of this article, the Chairman of the Committee shall
communicate the report of the Commission and the
declarations of the States Parties concerned to the other
States Parties to this Convention.
Article 14
1. A State Party may at any time declare that it
recognizes the competence of the Committee to receive
and consider communications from individuals or
groups of individuals within its jurisdiction claiming
to be victims of a violation by that State Party of any
of the rights set forth in this Convention. No commu-
nication shall be received by the Committee if it con-
cerns a State Party which has not made such a
declaration.
2. Any -State Party which makes a declaration as
provided for in paragraph 1 of this article may establish
or indicate a body within its national legal order which
shall be competent to receive and consider petitions
from individuals and groups of individuals within its
jurisdiction who claim to be victims of a violation
of any of the rights set forth in this Convention and
who have exhausted other available local remedies.
3. A declaration made in accordance with para-
graph 1 of this article and the name of any body estab-
lished or indicated in accordance with paragraph 2 of
this article shall be deposited by the State Party con-
cerned with the Secretary-General of the United Na-
tions, who shall transmit copies thereof to the other
States Parties. A declaration may be withdrawn at any
time by notification to the Secretary-General, but such
a withdrawal shall not affect communications pending
before the Committee.
4. A register of petitions shall be kept by the
body established or indicated in accordance with para-
graph 2 of this article, and certified copies of the
register shall be filled annually through appropriate
channels with the Secretary-General on the understand-
ing that the contents shall not be publicly disclosed.
5. In the event of failure to obtain satisfaction from
the body established or indicated in accordance with
paragraph 2 of this article, the petitioner shall have
the right to communicate the matter to the Committee
within six months.
6. (a) The Committee shall confidentially bring
any communication referred to it to the attention of
the State Party alleged to be violating any provision
of this Convention, but the identity of the individual
or groups of individuals concerned shall not be revealed
without his or their express consent. The Committee
shall not receive anonymous communications.
(b) Within three months, the receiving State shall
submit to the Committee written explanations or state-
ments clarifying the matter and the remedy, if any, that
may have been taken by that State.


7. (a) The Committee shall consider communica-
tions in the light of all information made available
to it by the State Party concerned and by the peti-
tioner. The Committee shall not consider any com-
munication from a petitioner unless it has ascertained
that the petitioner has exhausted all available domestic
remedies. However, this shall not be the rule where
the application of the remedies is unreasonably pro-
longed.
(b) The Committee shall forward its suggestions
and recommendations, if any, to the State Party con-
cerned and to the petitioner.
8. The Committee shall include in its annual report
a summary of such communications and, where ap-
propriate, a summary of the explanations and state-
ments of the States Parties concerned and of its own
suggestions and recommendations.
9. The Committee shall be competent to exercise
the functions provided for in this article only when
at least ten States Parties to this Convention are bound
by declarations in accordance with paragraph 1 of
this article.
Article 15
1. Pending the achievement of the objectives of the
Declaration on the Granting of Independence to
Colonial Countries and Peoples, contained in General
Assembly resolution 1514 (XV) of 14 December 1960,
the provisions of this Convention shall in no way
limit the right of petition granted to these peoples
by other international instruments or by the United
Nations and its specialized agencies.
2. (a) The Committee established under article 8,
paragraph 1, of this Convention shall receive copies
of the petitions"from, and submit expressions of opi-
nion and recommendations on these petitions to, the
bodies of the United Nations which deal with matters
directly related to the principles and objectives of this
Convention in their consideration of petitions from
the inhabitants of Trust and Non-Self-Governing Ter-
ritories and all other territories to which General As-
sembly resolution 1514 (XV) applies, relating to mat-
ters covered by this Convention which are before these
bodies.
(b) The Committee shall receive from the com-
petent bodies of the United Nations copies of the re-
ports concerning the legislative, judicial, administrative
or other measures directly related to the principles
and objectives of this Convention applied by the ad-
ministering Powers within the Territories mentioned in
subparagraph (a) of this paragraph, and shall express
opinions and make recommendations to these bodies.
3. The Committee shall include in its report to
the General Assembly a summary of the petitions and
reports it has received from United Nations bodies,
and the expressions of opinion and recommendations
of the Committee relating to the said petitions and
reports.
4. The Committee shall request from the Secretary-
General of the United Nations all information relevant
to the objectives of this Convention and available to









him regarding the Territories mentioned in paragraph 2
(a) of this article.
Article 16
The provisions of this Convention concerning the
settlement of disputes or complaints shall be applied
without prejudice to other procedures for settling dis-
putes or complaints in the field of discrimination laid
down in the constituent instruments of, or in conven-
tions adopted by, the United Nations and its specialized
agencies, and shall not prevent the States Parties from
having recourse to other procedures for settling a dis-
pute in accordance with general or special international
agreements in force between them.


PART III
Article 17
1. This Convention 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 Gen-
eral Assembly of the United Nations to become a
Party to this Convention.
2. This Convention is subject to ratification. Ins-
truments of ratification shall be deposited with the
Secretary-General of the United Nations.

Article 18
1. This Convention shall be open to accession by
any State referred to in article 17, paragraph 1, of
the Convention.
2. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of
the United Nations.
Article 19
1. This Convention shall enter into force on the
thirtieth day after the date of the deposit with the
Secretary-General of the United Nations of the twenty-
seventh instrument of ratification or instrument of
accession.
2. For each State ratifying this Convention or acced-
ing.to it after the deposit of the twenty-seventh instru-
ment of ratification or instrument of accession, the
Convention shall enter into force on the thirtieth day
after the date of the deposit of its own instrument of
ratification or instrument of accession.

Article 20
1. The Secretary-General of the United Nations
shall receive and circulate to all States which are or
may become Parties to this Convention reservations
made by States at the time of ratification or accession.
Any State which objects to the reservation shall, within
a period of ninety days from the date of the said
communication, notify the Secretary-General that it
does not accept it.


2. A reservation incompatible with the object and
purpose of this Convention shall not be permitted, nor
shall a reservation the effect of which would inhibit
the operation of any of the bodies established by this
Convention be allowed. A reservation shall be con-
sidered incompatible or inhibitive if at least two thirds
of the States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by
notification to this effect addressed to the Secretary-
General. Such notification shall take effect on the
date on which it is received.

Article 21
A State Party may denounce this Convention by
written notification to the Secretary-General of the
United Nations. Denunciation shall take effect one year
after the date of receipt of the notification by the
Secretary-General.
Article 22
Any dispute between two or more States Parties
with respect to the interpretation or application of this
Convention, which is not settled by negotiation or by
the procedures expressly provided for in this Con-
vention, shall, at the request of any of the parties to
the dispute, be referred to the International Court of
Justice for decision, unless the disputants agree to an-
other mode of settlement.

Article 23
1. A request for the revision of this Convention
may be made at any time by any State Party by
means of a notification in writing addressed to the
Secretary-General of the United Nations.
2. The General Assembly of the United Nations
shall decide upon the steps, if any, to be taken in
respect of such a request.

Article 24
The Secretary-General of the United Nations shall
inform all States referred to in article 17, paragraph 1,
of this Convention of the following particulars:
(a) Signatures, ratifications and accessions under
articles 17 and 18;
(b) The date of entry into force of this Convention
under article 19;
(c) Communications and declarations received under
articles 14, 20 and 23;
(d) Denunciations under article 21.

Article 25
1. This Convention, 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 this Convention to all
States belonging to any of the categories mentioned
in article 17, paragraph 1, of the Convention.










INTERNATIONAL COVENANT
ON ECONOMIC, SOCIAL,
AND CULTURAL RIGHTS

The covenant affirms a series of stand-
ards in economic, social, and cultural activi-
ties. Formulated as statements of goals to be
achieved progressively rather than imme-
diately, these standards are in general accord
with U.S. law and practice. The covenant was
adopted by the UN General Assembly in 1966
and 54 nations are parties. The United States
has signed it and President Carter transmitted
it to the Senate for advice and consent to
ratification on February 23, 1978.*
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 in-
herent dignity of the human person,
Recognizing that, in accordance with the Univer-
sal 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 the 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 dis-
pose of their natural wealth and resources without
prejudice to any obligations arising out of interna-
tional economic co-operation, based upon the princi-
ple of mutual benefit, and international law. In no

*Letters of Transmittal and Submittal with suggested reserva-
tions, understandings, and declarations are to be found in the
Annex.


case may a people be deprived of its own means of
subsistence.
3. The States Parties to the present Covenant, in-
cluding those having responsibility for the adminis-
tration of Non-Self-Governing and Trust Territories,
shall promote the realization of the right of self-
determination, and shall respect that right, in con-
formity with the provisions of the United Nations
Charter.
PART II
Article 2
1. Each State Party to the present Covenant un-
dertakes to take steps, individually and through in-
ternational assistance and co-operation especially
economic and technical, to the maximum of its avail-
able resources, with a view to achieving progres-
sively 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, na-
tional or social origin, property, birth or other sta-
tus.
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 under-
take to ensure the equal right of men and women
to the enjoyment of all economic, social and cultural
rights set forth in this Covenant.
Article 4
The States Parties to the present Covenant recog-
nize that in the enjoyment of those rights provided
by the State in conformity with the present Cove-
nant, 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 inter-
preted 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 pres-
ent 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, regula-
tions 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 guid-
ance and training programmes, policies and tech-
niques to achieve steady economic, social and cul-
tural development and full and productive employ-
ment under conditions safeguarding fundamental
political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recog-
nize 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; and
(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 pro-
moted 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 exer-
cise 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 freedom of
others;
(b) The right of trade unions to establish na-
tional 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 pre-
scribed by law and which are necessary in a demo-


cratic 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 exer-
cised 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 Convention of
1948 on Freedom of Association and Protection of
the Rights 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 recog-
nize the right of everyone to social security includ-
ing social insurance.
Article 10
The States Parties to the present Covenant recog-
nize that:
1. The widest possible protection and assistance
should be accorded to the family, which is the nat-
ural and fundamental group unit of society, particu-
larly 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 child-
birth. 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 pun-
ishable 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, includ-
ing 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-opera-
tion 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, in-
cluding specific programmes, which are needed:
(a) To improve methods of production, conserva-
tion and distribution of food by making full use of
technical and scientific knowledge, by disseminating
knowledge of the principles of nutrition and by de-
veloping or reforming agrarian systems in such a
way as to achieve the most efficient development and
utilization of natural resources; and
(b) Take 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 still-
birth-rate and of infant mortality and for the
healthy development of the child;
(b) The improvement of all aspects of environ-
mental and industrial hygiene;
(c) The prevention, treatment and control of epi-
demic, 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 fur-
ther agree that education shall enable all persons to
participate effectively in a free society, promote un-
derstanding, 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 t6 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 educa-
tion, 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 ac-
cessible to all, on the basis of capacity, by every
appropriate means, and in particular by the pro-
gressive 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 fellow-
ship system shall be established, and the material
conditions of teaching staff shall be continuously im-
proved.
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 institu-
tions, subject always to the observance of the prin-
ciples set forth in paragraph 1 and to the require-
ment 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 ter-
ritories 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 encour-
agement 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 Secre-
tary-General of the United Nations who shall trans-
mit 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 constitu-
tional 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 Eco-
nomic and Social Council within one year of the
entry into force of the present Covenant after con-
sultation 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 special-
ized agency by any State Party to the present Cov-
enant it will not be necessary fo reproduce that
information but a precise reference to the informa-
tion so furnished will suffice.
Article 18
Pursuant to its responsibilities under the Charter
in the field of human rights and fundamental free-
doms, the Economic and Social Council may make
arrangements with the specialized agencies in re-
spect 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 implementa-
tion 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 infor-
mation the reports concerning human rights sub-
mitted by States in accordance with articles 16 and
17, and those concerning human rights submitted by
the specialized agencies in accordance with arti-
cle 18.


Article 20
The States Parties to the present Covenant and
the specialized agencies concerned may submit com-
ments to the Economic and Social Council on any
general recommendation under article 19 or ref-
erence to such general recommendation in any report
of the Commission 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 spe-
cialized agencies on the measures taken and the
progress made in achieving general observance of
the rights recognized in the present Covenant.
A 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 con-
cerned 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 com-
petence, on the advisability of international meas-
ures likely to contribute to the effective progressive
implementation of the present Covenant.
Article 23
The States Parties to the present Covenant agree
that ilteir'iational action for the achievement of the
rights recognized in the present Covenant includes
such methoHds as the conclusion of conventions, the
adoption of' recommendations, the furnishing of tech-
nical assistance and the Iholing of regional mPetings
and technical meetings for the purpose of consulta-
tion and study organized in conjunction with the
Governments concerned.
Article 24
Nothing in the present Covenant shall be inter-
preted 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 inter-
preted 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 Na-
tions 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 pres-
ent 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 (late of the deposit of its own in-
strument of ratification or instrument of accession.
Article 28
The provisions of the present Covenant shall ex-
tend to all parts of federal States without any limi-
tations 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-Gen-
eral of the United Nations shall thereupon commu-
nicate 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 proposal. In the event that at least
one third of the States Parties favours such a con-
ference 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 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 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 ac-
cepted them, other States Parties being still bound
by the provisions of the present Covenant and any
earlier amendment which they have accepted.
Article 0S
Irrespective of the notifications made under arti-


cle 26, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to
in paragraph 1 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 Cove-
nant to all States referred to in article 26.

INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS

Of the four UN treaties, this covenant is
the most similar in conception to the U.S.
Constitution and Bill of Rights. It consists pri-
marily of limitations upon the power of the
State to impose its will on the people under
its jurisdiction and, in large measure, guaran-
tees those civil and political rights with which
the United States and the Western democratic
tradition have always been associated. The
covenant was adopted by the UN General
Assembly in 1966 and 52 nations are parties.
The United States has signed it and President
Carter transmitted it to the Senate for advice
and consent to ratification on February 23,
1978.*
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 Univer-
sal 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

*Letters of Transmittal and Submittal with suggested reserva-
tions, understandings, and declarations are to be found in the
Annex.











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 the 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 with-
out prejudice to any obligations arising out of inter-
national economic co-operation, based upon the prin-
ciple 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, in-
cluding those having responsibility for the adminis-
tration of Non-Self-Governing and Trust Territories,
shall promote the realization of the right of self-
determination, and shall respect that right, in con-
formity with the provisions of the United Nations
Charter.

PART II
Article 2
1. Each State Party to the present Covenant un-
dertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction
the rights recognized in the present Covenant, with-
out distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, na-
tional or social origin, property, birth or other sta-
tus.
2. Where not already provided for by existing
legislative or other measures, each State Party to
the present Covenant undertakes to take the neces-
sary steps, in accordance with its constitutional
processes and with the provisions of the present
Covenant, to adopt such legislative or other meas-
ures as may be necessary to give effect to the rights
recognized in the present Covenant.
3. Each State Party to the present Covenant un-
dertakes:

(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 au-
thorities, or by any other competent authority pro-
vided 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 under-
take 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 pres-
ent Covenant may take measures derogating from
their obligations under the present Covenant to the
extent strictly required by the exigencies of the situ-
ation, provided that such measures are not incon-
sistent with their other obligations under interna-
tional 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 avail-
ing itself of the right of derogation shall inform
immediately the other States Parties to the present
Covenant, through the intermediary of the Secre-
tary-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 inter-
preted 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 pres-
ent Covenant.
2. There shall be no restriction upon or deroga-
tion from any of the fundamental human rights
recognized or existing in any State Party to the
present Covenant pursuant to law, conventions, regu-
lations 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 law in
force at the time of the commission of the crime and
not contrary to the provisions of the present Cove-
nant 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 judge-
ment 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 pres-
ent Covenant to derogate in any way from any obli-
gation assumed under the provisions of the Conven-
tion 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) The preceding sub-paragraph 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 pur-
suance of a sentence to such punishment by a com-
petent 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 procedures 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 reason-
able 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 such 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.
Article 10
1. All persons deprived of their liberty shall be
treated with humanity and with respect for the
inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons,
and shall be subject to separate treatment appropri-
ate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated
from adults and brought as speedily as possible for
adjudication.
3. The penitentiary system shall comprise treat-
ment of prisoners the essential aim of which shall
be their reformation and social rehabilitation. Ju-
venile offenders shall be segregated from adults and
be accorded treatment appropriate to their age and
legal status.
Article 11
No one shall be imprisoned merely on the ground
of inability to fulfil a contractual obligation.

Article IS
1. Everyone lawfully within the territory of a
State shall, within that territory, have the right to
liberty of movement and freedom to choose his resi-
dence.
2. Everyone shall be free to leave any country,
including his own.
3. The above-mentioned rights shall not be subject
to any restrictions except those which are provided
by law, are necessary to protect national security,
public order ("ordre public"), public health or
morals or the rights and freedoms of others, and
are consistent with the other rights recognized in
the present Covenant.
4. No one shall be arbitrarily deprived of the
right to enter his own country.











Article 13
An alien lawfully in the territory of a State
Party to the present Covenant may be expelled
therefrom only in pursuance of a decision reached
in accordance with law and shall, except where
compelling reasons of national security otherwise
require, be allowed to submit the reasons against
his expulsion and to have his case reviewed by, and
be represented for the purpose before, the compe-
tent authority or a person or persons especially
designated by the competent authority.
Article 14
1. All persons shall be equal before the courts and
tribunals. In the determination of any criminal
charge against him, or of his rights and obligations
in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and
impartial tribunal established by law. The Press and
the public may be excluded from all or part of a trial
for reasons of morals, public order ("ordre public")
or national security in a democratic society, or when
the interest of the private lives of the parties so re-
quires, or to the extent strictly necessary in the
opinion of the court in special circumstances where
publicity would prejudice the interests of justice;
but any judgement rendered in a criminal case or
in a suit at law shall be made public except where
the interest of juveniles otherwise requires or the
proceedings concern matrimonial disputes or the
guardianship of children.
2. Everyone charged with a criminal offence shall
have the right to be presumed innocent until proved
guilty according to law.
3. In the determination of any criminal charge
against him, everyone shall be entitled to the follow-
ing minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a
language which he understands of the nature and
cause of the charge against him; .
(b) To have adequate time and facilities for the
preparation of his defence and to communicate with
counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend
himself in person or through legal assistance of his
own choosing; to be informed, if he does not have
legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the
interests of justice so require, and without payment
by him in any such case if he does not have sufficient
means to pay for it;
(e) To examine, or have examined, the witnesses
against him and to obtain the attendance and ex-
amination of witnesses on his behalf under the same
conditions as witnesses against him;
(f) To have the free assistance of an interpreter
if he cannot understand or speak the language used
in court;
(g) Not to be compelled to testify against himself,
or to confess guilt.


4. In the case of juveniles, the procedure shall be
such as will take account of their age and the de-
sirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the
right to his conviction and sentence being reviewed
by a higher tribunal according to law.
6. When a person has by a final decision been
convicted of a criminal offence and when subse-
quently his conviction has been reversed or he has
been pardoned on the ground that a new or newly
discovered fact shows conclusively that there has
been a miscarriage of justice, the person who has
suffered punishment as a result of such conviction
shall be compensated according to law, unless it is
proved that the non-disclosure of the unknown fact
in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished
again for an offence for which he has already been
finally convicted or acquitted in accordance with the
law and penal procedure of each country.
Article 15
1. No one shall be held guilty of any criminal
offence on account of any act or omission which did
not constitute a criminal offence, under national or
international law, at the time when it was commit-
ted. Nor shall a heavier penalty be imposed than the
one that was applicable at the time when the crimi-
nal offence was committed. If, subsequently to the
commission of the offence, provision is made by law
for the imposition of a lighter penalty, the offender
shall benefit thereby.
2. Nothing in this article shall prejudice the trial
and punishment of any person for any act or omis-
sion which, at the time when it was committed, was
criminal according to the general principles of law
recognized by the community of nations.
Article 16
Everyone shall have the right to recognition every-
where as a person before the law.

Article 17
1. No one shall be subjected to arbitrary or un-
lawful interference with his privacy, family, home
or correspondence, nor to unlawful attacks on his
honour and reputation.
2. Everyone has the right to the protection of the
law against such interference or attacks.

Article 18
1. Everyone shall have the right to freedom of
thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or
belief of his choice, and freedom either individually
or in community with others and in public or pri-
vate, to manifest his religion or belief in worship,
observance, practice and teaching.
2. No one shall be subject to coercion which would
impair his freedom to have or to adopt a religion
or belief of his choice.
3. Freedom to manifest one's religion or beliefs
may be subject only to such limitations as are pre-










scribed by law and are necessary to protect public
safety, order, health, or morals or the fundamental
rights and freedoms of others.
4. The States Parties to the present Covenant
undertake to have respect for the liberty of par-
ents and, when applicable, legal guardians, to ensure
the religious and moral education of their children
in conformity with their own convictions.
Article 19
1. Everyone shall have the right to hold opinions
without interference.
2. Everyone shall have the right to freedom of
expression; this right shall include freedom to seek,
receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writ-
ing or in print, in the form of art, or through any
other media of his choice.
3. The exercise of the rights provided for in the
foregoing paragraph carries with it special duties
and responsibilities. It may therefore be subject to
certain restrictions, but these shall be such only as
are provided by law and are necessary, (1) for re-
spect of the rights or reputations of others, (2) for
the protection of national security or of public order
("ordre public"), or of public health or morals.
Article 20
1. Any propaganda for war shall be prohibited by
law.
2. Any advocacy of national, racial, or religious
hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.

Article 21
The right of peaceful assembly shall be recog-
nized. No restrictions may be placed on the exercise
of this right other than those imposed in conformity
with the law and which are necessary in a demo-
cratic society in the interests of national security or
public safety, public order ("ordre public"), the pro-
tection of public health or morals or the protection
of the rights and freedoms of others.
Article 2S
1. Everyone shall have the right to freedom of
association with others, including the right to form
and join trade unions for the protection of his
interests.
2. 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 safety, public
order ("ordre public"), the protection of public
health or morals or the protection of the rights and
freedoms of others. This article shall not prevent
the imposition of lawful restrictions on members of
the armed forces and of the police in their exercise
of this right.
3. Nothing in this article shall authorize States
Parties to the International Labour Convention of
1948 on Freedom of Association and Protection of
the Right to Organise to take legislative measures


which would prejudice, or to apply the law in such
a manner as to prejudice, the guarantees provided
for in the Convention.
Article 23
1. The family is the natural and fundamental
group unit of society and is entitled to protection by
society and the State.
2. The right of men and women of marriageable
age to marry and to found a family shall be recog-
nized.
3. No marriage shall be entered into without the
free and full consent of the intending spouses.
4. States Parties to the present Covenant shall
take appropriate steps to ensure equality of rights
and responsibilities of spouses as to marriage, dur-
ing marriage and at its dissolution. In the case of
dissolution, provision shall be made for the neces-
sary protection of any children.
Article 24
1. Every child shall have, without any discrimina-
tion as to race, colour, sex, language, religion, na-
tional or social origin, property or birth, the right
to such measures of protection as required by his
status as a minor, on the part of his family, the
society and the State.
2. Every child shall be registered immediately
after birth and shall have a name.
3. Every child has the right to acquire a na-
tionality.
Article 25
Every citizen shall have the right and the oppor-
tunity, without any of the distinctions mentioned in
article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs,
directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic
elections which shall be by universal and equal suf-
frage and shall be held by secret ballot, guarantee-
ing the free expression of the will of the electors;
(c) To have access, on general terms of equality,
to public service in his country.
Article 26
All persons are equal before the law and are en-
titled without any discrimination to equal protection
of the law. In this respect the law shall prohibit
any discrimination and guarantee to all persons
equal and effective protection against discrimination
on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social
origin, property, birth or other status.

Article 27
In those States in which ethnic, religious or lin-
guistic minorities exist, persons belonging to such
minorities shall not be denied the right, in com-
munity with the other members of their group, to
enjoy their own culture, to profess and practise
their own religion, or to use their own language.









PART IV
Article 8
1. There shall be established a Human Rights
/.Committee (hereafter referred to in the present
Covenant as "the Committee"). It shall consist of
eighteen members and shall carry out the functions
hereinafter provided.
2. The Committee shall be composed of nationals
of the States Parties to the present Covenant who
shall be persons of high moral character and recog-
nized competence in the field of human rights, con-
sideration being given to the usefulness of the par-
ticipation of some persons having legal experience.
3. The members of the Committee shall be elected
and shall serve in their personal capacity.
Article 9
1. The members of the Committee shall be elected
by secret ballot from a list of persons possessing the
qualifications prescribed in article 28 and nominated
for the purpose by the States Parties to the present
Covenant.
2. Each State Party to the present Covenant may
nominate not more than two persons. These persons
shall be nationals of the nominating State.
3. A person shall be eligible for renomination.

Article 30
1. The initial election shall be held no later than
six months after the date of the entry into force of
the present Covenant.
2. At least four months before the date of each
election of the Committee, other than an election to
fill a vacancy declared in accordance with article 34,
the Secretary-General of the United Nations shall
address a written invitation to the States Parties to
the present Covenant to submit their nominations
for membership of the Committee within three
months.
3. The Secretary-General of the United Nations
shall prepare a list in alphabetical order of all the
persons thus nominated, with an indication of the
States Parties which have nominated them, and
shall submit it to the States Parties to the present
Covenant no later than one month before the date
of each election.
4. Elections of the members of the Committee
shall be held at a meeting of the States Parties to
the present Covenant convened by the Secretary-
General of the United Nations at the Headquarters
of the United Nations. At that meeting, for which
two thirds of the States Parties to the present Cove-
nant shall constitute a quorum, the persons elected
to the Committee shall be those nominees who obtain
the largest number of votes and an absolute major-
ity of the votes of the representatives of States
Parties present and voting.
Article 31
1. The Committee may not include more than one
national of the same State.
2. In the election of the Committee consideration
shall be given to equitable geographical distribution


of membership and to the representation of the dif-
ferent forms of civilization as well as of the princi-
pal legal systems.
Article 32
1. The members of the Committee shall be elected
for a term of four years. They shall be eligible for
re-election if renominated. However, the terms of
nine of the members elected at the first election
shall expire at the end of two years; immediately
after the first election the names of these nine mem-
bers shall be chosen by lot by the Chairman of the
meeting referred to in paragraph 4 of article 30.
2. Elections at the expiry of office shall be held
in accordance with the preceding articles of this
part of the present Covenant.
Article 33
1. If, in the unanimous opinion of the other mem-
bers, a member of the Committee has ceased to
carry out his functions for any cause other than
absence of a temporary character, the Chairman of
the Committee shall notify the Secretary-General of
the United Nations who shall then declare the seat
of that member to be vacant.
2. In the event of the death or the resignation of
a member of the Committee, the Chairman shall im-
mediately notify the Secretary-General of the United
Nations who shall declare the seat vacant from the
date of death or the date on which the resignation
takes effect.

Article 34
1. When a vacancy is declared in accordance with
article 33 and if the term of office of the member to
be replaced does not expire within six months of the
declaration of the vacancy, the Secretary-General
of the United Nations shall notify each of the States
Parties to the present Covenant which may within
two months submit nominations in accordance with
article 29 for the purpose of filling the vacancy.
2. The Secretary-General of the United Nations
shall prepare a list in alphabetical order of the per-
sons thus nominated and shall submit it to the
States Parties to the present Covenant. The election
to fill the vacancy shall then take place in accord-
ance with the relevant provisions of this part of the
present Covenant.
3. A member of the Committee elected to fill a
vacancy declared in accordance with article 33 shall
hold office for the remainder of the term of the
member who vacated the seat on the Committee
under the provisions of that article.

Article 35
he members of the Committee shall, with the
proval of the General Assembly of the United
Nations, receive emoluments from United Nations
resources on such terms and conditions as the Gen-
eral Assembly inay decide having regard to the
importance of the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall











provide the necessary staff and facilities for the
effective performance of the functions of the Com-
mittee under this Covenant.
Article 37
1. The Secretary-General of the United Nations
shall convene the initial meeting of the Committee at
the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall
meet at such times as shall be provided in its rules
of procedure.
3. The Committee shall normally meet at the
Headquarters of the United Nations or at the United
Nations Office at Geneva.
Article 38
Every member of the Committee shall, before tak-
ing up his duties, make a solemn declaration in open
committee that he will perform his functions im-
partially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term
of two years. They may be re-elected.
2. The Committee shall establish its own rules of
procedure, but these rules shall provide, inter alia,
that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by
a majority vote of the members present.

Article 40
1. The States Parties to the present Covenant
undertake to submit reports on the measures they
have adopted which give effect to the rights recog-
nized herein and on the progress made in the enjoy-
ment of those rights; (a) within one year of the
entry into force of the present Covenant for the
States Parties concerned and (b) thereafter when-
ever the Committee so requests.
2. All reports shall be submitted to the Secretary-
General of the United Nations who shall transmit
them to the Committee for consideration. Reports
shall indicate the factors and difficulties, if any,
affecting the implementation of the present Cove-
nant.
3. The Secretary-General of the United Nations
may after consultation with the Committee transmit
to the specialized agencies concerned copies of such
parts of the reports as may fall within their field of
competence.
4. The Committee shall study the reports submit-
ted by the States Parties to the present Covenant.
It shall transmit its reports and such general com-
ments as it may consider appropriate to the States
Parties. The Committee may also transmit to the
Economic and Social Council these comments along
with the copies of the reports it has received from
States Parties to the present Covenant.
5. The States Parties to the present Covenant may
submit to the Committee observations on any com-
ments that may be made in accordance with para-
graph 4 of this article.


Article 41
1. A State Party to the present Covenant may at
any time declare under this article that it recognizes
the competence of the Committee to receive and
consider communications to the effect that a State
Party claims that another State Party is not ful-
filling its obligations under the present Covenant.
Communications under this article may be received
and considered only if submitted by a State Party
which has made a declaration recognizing in regard
to itself the competence of the Committee. No com-
munication shall be received by the Committee if it
concerns a State Party which has not made such a
declaration. Communications received under this ar-
ticle shall be dealt with in accordance with the
following procedure:
(a) If a State Party to the present Covenant con-
siders that another State Party is not giving effect
to the provisions of the present Covenant, it may,
by written communication, bring the matter to the
attention of that State Party. Within three months
after the receipt of the communication, the receiving
State shall afford the State which sent the commu-
nication an explanation or any other statement in
writing clarifying the matter, which should include,
to the extent possible and pertinent, reference to
domestic procedures and remedies taken, pending,
or available in the matter.
(b) If the matter is not adjusted to the satisfac-
tion of both States Parties concerned within six
months after the receipt by the receiving State of
the initial communication, either State shall have
the right to refer the matter to the Committee, by
notice given to the Committee and to the other
State.
(c) The Committee shall deal with a matter re-
ferred to it only after it has ascertained that all
available domestic remedies have been invoked and
exhausted in the matter, in conformity with the
generally recognized principles of international law.
This shall not be the rule where the application of
the remedies is unreasonably prolonged.
(d) The Committee shall hold closed meetings
when examining communications under this article.
(e) Subject to the provisions of sub-paragraph
(c), the Committee shall make available its good
offices to the States Parties concerned with a view
to a friendly solution of the matter on the basis
of respect for human rights and fundamental free-
doms as recognized in this Covenant.
(f) In any matter referred to it, the Committee
may call upon the States Parties concerned, referred
to in sub-paragraph (b), to supply any relevant
information.
(g) The States Parties concerned, referred to in
sub-paragraph (b), shall have the right to be repre-
sented when the matter is being considered in the
Committee and to make submissions orally and/or
in writing.
(h) The Committee shall, within twelve months
after the date of receipt of notice under sub-para-
graph (b), submit a report:











(i) If a solution within the terms of sub-para-
graph (e) is reached, the Committee shall confine
its report to a brief statement of the facts and of
the solution reached;
(ii) If a solution is not reached, within the terms
of sub-paragraph (e), the Committee shall confine
its report to a brief statement of the facts; the
written submissions and record of the oral submis-
sions made by the States Parties concerned shall be
attached to the report.
In every matter the report shall be communicated
to the States Parties concerned.
2. The provisions of this article shall come into
force when ten States Parties to the present Cove-
nant have made declarations under paragraph 1 of
this article. Such declarations shall be deposited by
the States Parties with the Secretary-General of the
United Nations who shall transmit copies thereof
to the other States Parties. A declaration may be
withdrawn at any time by notification to the Secre-
tary-General. Such a withdrawal shall not prejudice
the consideration of any matter which is the subject
of a communication already transmitted under this
article; no further communication by any State
Party shall be received after the notification of
withdrawal of the declaration has been received by
the Secretary-General of the United Nations unless
the State Party concerned had made a new declara-
tion.
Article 42
1. (a) If a matter referred to the Committee in
accordance with article 41 is not resolved to the
satisfaction of the. States Parties concerned, the
Committee may, with the prior consent of the States
Parties concerned, appoint an ad hoc Conciliation
Commission (hereinafter referred to as "the Com-
mission"). The good offices of the Commission shall
be made available to the States Parties concerned
with a view to an amicable solution of the matter
on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons
acceptable to the States Parties concerned. If the
States Parties concerned fail to reach agreement
within three months on all or part of the composi-
tion of the Commission the members of the Commis-
sion concerning whom no agreement was reached
shall be elected by secret ballot by a two-thirds
majority vote of the Committee from among its
members.
2. The members of the Commission shall serve in
their personal capacity. They shall not be nationals
of the States Parties concerned, or of a State not
party to the present Covenant, or of a State Party
which has not made a declaration under article 41.
3. The Commission shall elect its own Chairman
and adopt its own rules of procedure.
4. The meetings of the Commission shall normally
be held at the Headquarters of the United Nations
or at the United Nations Office at Geneva. However,
they may be held at such other convenient places as
the Commission may determine in consultation with


the Secretary-General of the United Nations and the
States Parties concerned.
5. The secretariat provided in accordance with
article 36 shall also service the Commissions ap-
pointed under this article.
6. The information received and collated by the
Committee shall be made available to the Commis-
sion and the Commission may call upon the States
Parties concerned to supply any other relevant in-
formation.
7. When the Commission has fully considered the
matter, but in any event not later than twelve
months after having been seized of the matter, it
shall submit to the Chairman of the Committee a
report for communication to the States Parties con-
cerned.

(a) If the Commission is unable to complete its
consideration of the matter within twelve months, it
shall confine its report to a brief statement of the
status of its consideration of the matter.
(b) If an amicable solution to the matter on the
basis of respect for human rights as recognized in
the present Covenant is reached, the Commission
shall confine its report to a brief statement of the
facts and of the solution reached.
(c) If a solution within the terms of sub-para-
graph (b) is not reached, the Commission's report
shall embody its findings on all questions of fact
relevant to the issues between the States Parties
concerned, as well as its views on the possibilities of
amicable solution of the matter. This report shall
also contain the written submissions and a record
of the oral submissions made by the States Parties
concerned.
(d) If the Commission's report is submitted under
sub-paragraph (c), the States Parties concerned
shall, within three months of the receipt of the
report, inform the Chairman of the Committee
whether or not they accept the contents of the report
of the Commission.
8. The provisions of this article are without prej-
udice to the responsibilities of the Committee under
article 41.
9. The States Parties concerned shall share
equally all the expenses of the members of the Com-
mission in accordance with estimates to be provided
by the Secretary-General of the United Nations.
10. The Secretary-General of the United Nations
shall be empowered to pay the expenses of the mem-
bers of the Commission, if necessary, before reim-
bursement by the States Parties concerned in ac-
cordance with paragraph 9 of this article.
Article 43
The members of the Committee and of the ad hoc
conciliation commissions which may be appointed
under article 41, shall be entitled to the facilities,
privileges and immunities of experts on mission for
the United Nations as laid down in the relevant sec-
tions of the Convention on the Privileges and Immu-
nities of the United Nations.











Article 44
The provisions for the implementation of the pres-
ent Covenant shall apply without prejudice to the
procedures prescribed in the field of human rights
by or under the constituent instruments and the con-
ventions of the United Nations and of the special-
ized agencies and shall not prevent the States Par-
ties to the present Covenant from having recourse
to other procedures for settling a dispute in accord-
ance with general or special international agree-
ments in force between them.
Article 45
The Committee shall submit to the General As-
sembly, through the Economic and Social Council,
an annual report on its activities.
PART V
Article 46
Nothing in the present Covenant shall be inter-
preted as impairing the provisions of the Charter
of the United Nations and of the constitutions of the
specialized agencies which define the respective re-
sponsibilities 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 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 VI
Article 48
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 Na-
tions 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 acces-
sion 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 this Cove-
nant or acceded to it of the deposit of each instru-
ment of ratification or accession.
Article 49
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 ac-
cession, 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 50
The provisions of the present Covenant shall ex-
tend to all parts of federal States without any limi-
tations or exceptions.

Article 51
1. Any State Party to the present Covenant may
propose an amendment and file it with the Secre-
tary-General of the United Nations. The Secretary-
General of the United Nations shall thereupon
communicate any proposed amendments to the
States Parties to the present Covenant with a re-
quest that they notify him whether they favour a
conference of States Parties for the purpose of con-
sidering and voting upon the proposal. In the event
that at least one third of the States Parties favours
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 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 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 ac-
cepted them, other States Parties being still bound
by the provisions of the present Covenant and any
earlier amendment which they have accepted.
Article 52
Irrespective of the notifications made under arti-
cle 48, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to
in paragraph 1 of the same article of the following
particulars:
(a) Signatures, ratifications and accessions under
article 48;
(b) The date of the entry into force of the pres-
ent Covenant under article 49 and the date of the
entry into force of any amendments under arti-
cle 51.
Article 53
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 Cove-
nant to all States referred to in article 48.










OPTIONAL PROTOCOL TO THE
INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS


The Optional Protocol to the Covenant on
Civil and Political Rights was approved by the
UN GeneralAssembly on December 16, 1966.
It is closely related to the Covenant, but is a
separate treaty to which only 20 of the par-
ties to the covenant have adhered.

The States Parties to the present Protocol,
Considering that in order further to achieve the
purposes of the Covenant on Civil and Political
Rights (hereinafter referred to as "the Covenant")
and the implementation of its provisions it would
be appropriate to enable the Human Rights Com-
mittee set up in part IV of the Covenant (herein-
after referred to as "the Committee") to receive and
consider, as provided in the present Protocol, com-
munications from individuals claiming to be victims
of violations of any of the rights set forth in the
Covenant,
Have agreed as follows:
Article 1
A State Party to the Covenant that becomes a
party to the present Protocol recognizes the compe-
tence of the Committee to receive and consider com-
munications from individuals, subject to its
jurisdiction, claiming to be victims of a violation by
that State Party of any of the rights set forth in
the Covenant. No communication shall be received
by the Committee if it concerns a State Party to the
Covenant which is not a Party to the present Pro-
tocol.
Article 2
Subject to the provision of article 1, individuals
claiming that any of their rights enumerated in the
Covenant have been violated and who have exhausted
all available domestic remedies may submit a written
communication to the Committee for consideration.
Article 3
The Committee shall consider inadmissible any
communication under this Protocol which is anony-
mous, or which it considers to be an abuse of the
right of submission of such communications or to be
incompatible with the provisions of the Covenant.
Article 4
1. Subject to the provisions of article 3, the Com-
mittee shall bring any communications submitted to
it under the present Protocol to the attention of the
State Party to the present Protocol alleged to be vio-
lating any provision of the Covenant.
2. Within six months, the receiving State shall
submit to the Committee written explanations or
statements clarifying the matter and the remedy, if
any, that may have been taken by that State.


Article 5
1. The Committee shall consider communications
received under the present Protocol in the light of
all written information made available to it by the
individual and by the State Party concerned.
2. The Committee shall not consider any communi-
cation from an individual unless it has ascertained
that:
(a) the same matter is not being examined under
another procedure of international investigation or
settlement;
(b) the individual has exhausted all available
domestic remedies. This shall not be the rule where
the application of the remedies is unreasonably pro-
longed.
3. The Committee shall hold closed meetings when
examining communications under the present Pro-
tocol.
4. The Committee shall forward its views to the
State Party concerned and to the individual.
Article 6
The Committee shall include in its annual report
under article 45 of the Covenant a summary of its
activities under the present Protocol.
Article 7
Pending the achievement of the objectives of Gen-
eral Assembly resolution 1514 (XV) of 14 December
1960 concerning the Declaration on the Granting of
Independence to Colonial Countries and Peoples, the
provisions of the present Protocol shall in no way
limit the right of petition granted to these peoples
by the Charter of the United Nations and other
international conventions and instruments under the
United Nations and its specialized agencies.
Article 8
1. The present Protocol is open for signature by
any State which has signed the Covenant.
2. The present Protocol is subject to ratification
by any State which has ratified or acceded to the
Covenant. Instruments of ratification shall be de-
posited with the Secretary-General of the United
Nations.
3. The present Protocol shall be open to accession
by any State which has ratified or acceded to the
Covenant.
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
Protocol or acceded to it of the deposit of each in-
strument of ratification or accession.
Article 9
1. Subject to the entry into force of the Covenant,
the present Protocol shall enter ihto force three
months after the date of the deposit with the Secre-
tary-General of the United Nations of the tenth
instrument of ratification or instrument of accession.
2. For each State ratifying the present Protocol










or acceding to it after the deposit of the tenth instru-
ment of ratification or instrument of accession, the
present Protocol shall enter into force three months
after the date of the deposit of its own instrument
of ratification or instrument of accession.

Article 10
The provision of the present Protocol shall extend
to all parts of federal States without any limitations
or exceptions.

Article 11
1. Any State Party to the present Protocol may
propose an amendment and file it with the Secretary-
General of the United Nations. The Secretary-
General of the United Nations shall thereupon com-
municate any proposed amendments to the States
Parties to the present Protocol with a request that
they notify him whether they favour a conference of
States Parties for the purpose of considering and
voting upon the proposal. In the event that at least
one third of the States Parties favours such a con-
ference 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
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 and
accepted by a two-thirds majority of the States
Parties to the present Protocol 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 being still bound


by the provisions of the present Protocol and any
earlier amendment which they have accepted.
Article 12
1. Any State Party may denounce the present
Protocol at any time by written notification ad-
dressed to the Secretary-General of the United
Nations. Denunciation shall take effect three months
after the date of receipt of the notification by the
Secretary-General of the United Nations.
2. Denunciation shall be without prejudice to the
continued application of the provisions of the present
Protocol to any communication submitted under
article 2 before the effective date of denunciation.
Article 13
Irrespective of the notifications made under article
8, paragraph 5, of the present Protocol, the Secre-
tary-General of the United Nations shall inform all
States referred to in article 48, paragraph 1, of the
Covenant of the following particulars:
(a) Signatures, ratifications and accessions under
article 8;
(b) The date of the entry into force of the pres-
ent Protocol under article 9 and the date of the
entry into force of any amendments under article 11;
(c) Denunciations under article 12.
Article 14
1. The present Protocol, 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 Protocol
to all States referred to in article 48 of the
Covenant.








AMERICAN CONVENTION ON HUMAN RIGHTS
"PACT OF SAN JOSE, COSTA RICA"



The American convention, like the UN treaties, gives legally
binding expression to human rights that are, for the most part,
accepted in U.S. law and practice. It was adopted by the Organiza-
tion of American States in 1969 and was signed for the United
States on June 1, 1977. Twelve countries of the OAS have ratified,
and one country has adhered to, the convention. President Carter
transmitted it to the Senate for advice and consent to ratification on
February 23, 1978.*


Preamble
The American states signatory to the present Convention,
Reaffirming their intention to consolidate in this hemisphere, within
the framework of democratic institutions, a system of personal liberty
and social justice based on respect for the essential rights of man;
Recognizing that the essential rights of man are not derived from
one's being a national of a certain state, but are based upon attributes
of the human personality, and that they therefore justify international
protection in the form of a convention reinforcing or complementing
the protection provided by the domestic law of the American states:
Considering that these principles have been set forth in the Charter
of the Organization of American States, in the American Declaration
of the Rights and Duties of Man, and in the Universal Declaration of
Human Rights, and that they have been reaffirmed and refined in other
international instruments, worldwide as well as regional in scope;
Reiterating that, in accordance with the Universal Declaration of
Human Rights, the ideal of free men enjoying freedom from fear
and want can be achieved only if conditions are created whereby
everyone may enjoy his economic, social, and cultural rights, as well
as his civil and political rights; and
Considering that the Third Special Inter-American Conference
(Buenos Aires, 1967) approved the incorporation into the Charter
of the Organization itself of broader standards with respect to eco-
nomic, social, -and educational rights and resolved that an inter-
American convention on human rights should determine the struc-
ture, competence, and procedure of the organs responsible for these
matters,
Have agreed upon the following:

PART I-STATE OBLIGATIONS AND RIGHTS PROTECTED

CHAPTER I-GENERAL OBLIGATIONS

Article 1. Obligation to Respect Rights
1. The States Parties to this Convention undertake to respect the
rights and freedoms recognized herein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights
and freedoms, without any discrimination for reasons of race, color,


*Letters of Transmittal and Submittal with suggested reservations, understandings, and
declarations are to be found in the Annex.









sex, language, religion, political or other opinion, national or social
origin, economic status, birth, or any other social condition.
2. For the purposes of this Convention, "person" means every human
being.

Article 2. Domestic Legal Effects
Where the exercise of any of the rights or freedoms referred to in
Article 1 is not already ensured by legislative or other provisions, the
States Parties undertake to adopt, in accordance with their constitu-
tional processes and the provisions of this Convention, such legislative
or other measures as may be necessary to give effect to those rights or
freedoms.



CHAPTER II-CIVIL AND POLITICAL RIGHTS

Article 3. Right to Juridical Personality
Every person has the right to recognition as a person before the
law.
Article 4. Right to Life
1. Every person has the right to have his life respected. This right
shall be protected by law and, in general, from the, moment of con-
ception. No one shall be arbitrarily deprived of his life.
2. In countries that have not abolished the death penalty, it may be
imposed only for the most serious crimes and pursuant to a final
judgment rendered by a competent court and in accordance with a law
establishing such punishirent, enacted prior to the commission of the
crime. The application of such punishment shall not be extended to
crimes to which it does not presently apply.
3. The death penalty shall not be reestablished in states that have
abolished it.
4. In no case shall capital punishment be inflicted for political
offenses or related common crimes.
5. Capital punishment shall not be imposed upon persons who, at
the time the crime was committed, were under 18 years of age or over
70 years of age; nor shall it be applied to pregnant women.
6. Every person condemned to death shall have the right to apply
for amnesty, pardon. or commutaticn of sentence, which may be
granted in all cases. Capital punishment shall not be imposed while
such a petition is pending decision by the competent authority.

Article 5. Right to Humane Treatment
1. Every person has the right to have his physical, mental, and
moral integrity respected.
2. No one shall be subjected to tort ire or to cruel, inhuman, or de-
grading punishment or treatment All persons deprived of their lib-
erty shall be treated with respect for the inherent dignity of the
human person.
3. Punishment shall not be extended to any person other than the
criminal.
4. Accused persons shall. save in except ional circumstances, be segre-
gated from convicted persons, and shall be subject to separate treat-
ment appropriate to their status as unconvicted persons.
5. Minors while subject to criminal proceedings shall be separated
from adults and brought before specialized tribunals, as speedily as
possible, so that they may be treated in accordance with their status as
minors.
6. Punishments consisting of deprivation of liberty shall have as an
essential aim the reform and social readaptation of the prisoners.








Article 6. Freedom from Slavery
1. No one shall be subject to slavery or to involuntary servitude,
which are prohibited in all their forms, as are the slave trade and
traffic in women.
2. No one shall be required to perform forced or compulsory labor.
This provision shall not be interpreted to mean that, in those coun-
tries in which the penalty established for certain crimes is depriva-
tion of liberty at forced labor, the carrying out of such a sentence
imposed by a competent court is prohibited. Forced labor shall not ad-
versely affect the dignity or the physical or intellectual capacity of
the prisoner.
3. For the purposes of this article, the following do not constitute
forced or compulsory labor:
(a) work or service normally required of a person imprisoned
in execution of a sentence or formal decision passed by the com-
petent judicial authority. Such work or service shall be carried out
under the supervision and control of public authorities, and any
persons performing such work or services shall not be placed at
the disposal of any private party, company, or juridical person;
(b) military service and, in countries in which conscientious ob-
jectors are recognized, national service that the law may provide
for in lieu of military service;
(c) service exacted in time of danger or calamity that threatens
the existence or Ihe well-being of the community; or
(d) work or service that forms part of normal civic obligations.

Article 7. Right to Personal Liberty
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the
reasons and under the conditions established beforehand by the con-
stitution of the State Party concerned or by a law established pursuant
thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the, reasons for his
detention and shall be promptly notified of the charge or charges
against him.
5. Any person detained 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 be released without
prejudice to the continuation of the proceedings. His release may be
subject to guarantees to assure his appearance for trial.
6. Anyone who is deprived of his liberty shall be entitled to re-
course to a competent court, in order that the court may decide without
delay on the lawfulness of his arrest or detention and order his release
if the arrest or detention is unlawful. In States Parties whose laws
provide that anyone who believes himself to be threatened with depri-
vation of his liberty is entitled to recourse to a competent court in
order that it may decide on the lawfulness of such threat, this remedy
may not be restricted or abolished. The interested party or another per-
son in his behalf is entitled to seek these remedies.
7. No one shall be detained for debt. This principle shall not limit
the orders of a competent judicial authority issued for nonfulfillment
of duties of support.

Article 8. Right to a Fair Trial
1. Every person has the right to a hearing, with due guarantees and
within a reasonable time, by a competent, independent, and impartial
tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determina-
tion of his rights and obligations of a civil, labor, fiscal, or any other
nature.
2. Every person accused of a criminal offense has the right to be








presumed innocent so long as his guilt has not been proven according
to law. During the proceedings, every person is entitled, with full
equality, to the following minimum guarantees:
(a) the right of the accused to be assisted without charge by a
translator or interpreter, if he does not understand or does not
speak the language of the tribunal or court;
(b) prior notification in detail to the accused of the charges
against him;
(c) adequate time and means for the preparation of his defense;
d) the right of the accused to defend himself personally or to
be assisted by legal counsel of his own choosing, and to communi-
cate freely and privately with his counsel;
(e) the inalienable right to be assisted by counsel provided by
the state, paid or not as the domestic law provides, if the accused
does not defend himself personally or engage his own counsel
within the time period established by law;
(f) the right of the defense to examine witnesses present in the
court and to obtain the appearance, as witnesses, of experts or
other persons who may throw light on the facts;
(g) the right not to be compelled to be a witness against himself
or to plead guilty; and
(h) the right to appeal the judgment to a higher court.
3. A confession of guilt by the accused shall be valid only if it is
made without coercion of any kind.
4. An accused person acquitted by a nonappealable judgment shall
not be subjected to a new trial for the same cause.
5. Criminal proceedings shall be public, except insofar as may be
necessary to protect the interests of justice.

Article 9. Freedom from Ex Post Facto Laws
No one shall be convicted of any act or omission that did not con-
stitute a criminal offense, under the applicable law, at the time it was
committed. A heavier penalty shall not be imposed than the one that
was applicable at the time the criminal offense was committed. If
subsequent to the commission of the offense the law provides for the
imposition of a lighter punishment, the guilty person shall benefit
therefrom.
Article 10. Right to Compensation
Every person has the right to be compensated in accordance with the
law in the event he has been sentenced by a final judgment through a
miscarriage of justice.

Article 11. Right to Privacy
1. Everyone has the right to have his honor respected and his dig-
nity recognized.
2. No one may be the object of arbitrary or abusive interference
with his private life, his family, his home, or his correspondence, or of
unlawful attacks on his honor or reputation.
3. Everyone has the right to the protection of the law against such
interference or attacks.

Article 12. Freedom of Conscience and Religion
1. Everyone has the right to freedom of conscience and of religion.
This right includes freedom to maintain or to change one's religion or
beliefs, and freedom to profess or disseminate one's religion or be-
liefs, either individually or together with others, in public or in
private.
2. No one shall be subject to restrictions that might impair his free-
dom to maintain or to change his religion or beliefs.
3. Freedom to manifest one's religion and beliefs may be subject only








to the limitations prescribed by law that are necessary to protect
public safety, order, health, or morals, or the rights or freedoms of
others.
4. Parents or guardians, as the case may be, have the right to pro-
vide for the religious and moral education of their children or wards
that is in accord with their own convictions.

Article 13. Freedom of Thought and Expression
1. Everyone has the right to freedom of thought and expression.
This right includes freedom to seek, receive, and impart information
and ideas of all kinds, regardless of frontiers, either orally, in writing,
in print, in the form of art, or through any other medium of one's
choice.
2. The exercise of the right provided for in the foregoing paragraph
shall not be subject to prior censorship but shall be subject to subse-
quent imposition of liability, which shall be expressly established by
law to the extent necessary to ensure:
(a) respect for the rights or reputations of others; or
(b) the protection of national security, public order, or public
health or morals.
3. The right of expression may not be restricted by indirect methods
or means, such as the abuse of government or private controls over
newsprint, radio broadcasting frequencies, or equipment used in the
dissemination of information, or by any other means tending to im-
pede the communication and circulation of ideas and opinions.
4. Notwithstanding the provisions of paragraph 2 above, public en-
tertainments may be subject by law to prior censorship for the sole
purpose of regulating access to them for the moral protection of child-
hood and adolescence.
5. Any propaganda for war and any advocacy of national, racial, or
religious hatred that constitute incitements to lawless violence or to
any other similar illegal action against any person or group of persons
on any grounds including those of race, color, religion, language, or
national origin shall be considered as offenses punishable by law.
Article 14. Right of Reply
1. Anyone injured by inaccurate or offensive statements or ideas
disseminated to the public in general by a legally regulated medium of
communication has the right to reply or to make a correction using
the same communications outlet, under such conditions as the law may
establish.
2. The correction or reply shall not in any case remit other legal lia-
bilities that may have been incurred.
3. For the effective protection of honor and reputation, every pub-
lisher, and every newspaper, motion picture, radio, and television com-
pany, shall have a person responsible who is not protected by immu-
nities or special privileges.

Article 15. Right of Assembly
The right of peaceful assembly, without arms, is recognized. No
restrictions may be placed on the exercise of this right other than those
imposed in conformity with the law and necessary in a democratic so-
ciety in the interest of national security, public safety or public order,
or to protect public health or morals ort he rights or freedoms of
others.
Article 16. Freedom of Association
1. Everyone has the right to associate freely for ideological, reli-
gious, political, economic, labor, social, cultural, sports, or other
purposes.
2. The exercise of this right shall be subject only to such restrictions
established by law as may be necessary in a democratic society, in the








interest of national security, public safety or public order, or to protect
public health or morals or the rights and freedoms of others.
3. The provisions of this article do not bar the imposition of legal
restrictions, including even deprivation of the exercise of the right of
association, on members of the armed forces and the police.

Article 17. Rights of the Family
1. The family is the natural and fundamental group unit of society
and is entitled to protection by society and the state.
2. The right of men and women of marriageable age to marry and
to raise a family shall be recognized, if they meet the conditions re-
quired by domestic laws, insofar as such conditions do not affect the
principle of nondiscrimination established in this Convention.
3. No marriage shall be entered into without the free and full con-
sent of the intending spouse.
4. The States Parties shall take appropriate steps to ensure the
equality of rights and the adequate balancing of responsibilities of the
spouses as to marriage, during marriage, and in the event of its dis-
solution. In case of dissolution, provision shall be made for the neces-
sary protection of any children solely on the basis of their own best
interests.
5. The law shall recognize equal rights for children born out of wed-
lock and those born in wedlock.

Article 18. Right to a Name
Every person has the right to a given name and to the surnames of
his parents or that of one of them. The law shall regulate the manner
in which this right shall be ensured for all, by the use of assumed
names if necessary.

Article 19. Rights of the Child
Every minor child has the right to the measures of protection
required by his condition as a minor on the part of his family, society,
and the state.

Article 20. Right to Nationality
1. Every person has the right to a natic-:ality.
2. Every person has the right to the nationality of the state in whose
territory he was born if he does not have the right to any other
nationality.
3. No one shall be arbitrarily deprived of his nationality or of the
right to change it.

Article 1. Right to Property
1. Everyone has the right to the use and enjoyment of his property.
The law may subordinate such use and enjoyment to the interest of
society.
2. No one shall be deprived of his property except upon payment of
just compensation, for reasons of public utility or social interest, and
m the cases and according to the forms established by law.
3. Usury and any other form of exploitation of man by man shall be
prohibited by law.

Article 22. Freedom of Movement and Residence
1. Every person lawfully in the territory of a State Party has the
right to move about in it, and to reside in it subject to the provisions of
the law.
2. Every person has the right to leave any country freely, including
his own.








3. The exercise of the foregoing rights may be restricted only pur-
suant to a law to the extent necessary in a democratic society to prevent
crime or to protect national security, public safety, public order, public
morals, public health, or the rights or freedoms of others.
4. The exercise of the rights recognized in paragraph 1 may also be
restricted by law in designated zones for reasons of public interest.
5. No one can be expelled from the territory of the state of which
he is a national or be deprived of the right to enter it.
6. An alien lawfully in the territory of a State Party to this Con-
vention may be expelled from it only pursuant to a decision reached
in accordance with law.
7. Every person has the right to seek and be granted 'asylum in a
foreign territory, in accordance with the legislation of the state and
international conventions, in the event he is being pursued for politi-
cal offenses or related common crimes.
8. In no case may an alien be deported or returned to a country, re-
gardless of whether or not it is his country of origin, if in that
country his right to life or personal freedom is in danger of being
violated because of his race, nationality, religion, social status, or po-
litical opinions.
9. The collective expulsion of aliens is prohibited.
Article 23. Right to Participate in Government
1. Every citizen shall enjoy the following rights and opportunities:
(a) to take part in the conduct of public affairs, directly or
through freely chosen representatives;
(b) to vote and to be elected in genuine periodic elections,
which shall be by universal and equal suffrage and by secret
ballot that guarantees the free expression of the will of the vot-
ers; and
(c) to have access, under general conditions of equality, to the
public service of his country.
2. The law may regulate the exercise of the rights and oppor-
tunities referred to in the preceding paragraph only on the basis of
age, nationality, residence, language, education, civil and mental
capacity, or sentencing by a competent court in criminal proceedings.

Article 24. Right to Equal Protection
All persons are equal before the law. Consequently, they are en-
titled, without discrimination, to equal protection of the law.

Article 25. Right to Judicial Protection
1. Everyone has the right to simple and prompt recourse, or any
other effective recourse to a competent court or tribunal for protection
against acts that violate his fundamental rights recognized by the con-
stitution or laws of the state concerned or by this Convention, even
though such violation may have been committed by persons acting in
the course of their official duties.
2. The States Parties undertake:
(a) to ensure that any person claiming such remedy shall have
his rights determined by the competent authority provided for by
the legal system of the state;
(b) to develop the possibilities of judicial remedy; and
(c) to ensure that the competent authorities shall enforce such
remedies when granted.

CHAPTER III--ECONOMIC, SOCIAL, AND CULTURAL RIGIITS

Article 26. Progressive Development
The States Parties undertake to adopt measures both internally and
through international cooperation, especially those of an economic and








technical nature, with a view to achieving progressively, by legislation
or other appropriate means, the full realization of the rights implicit
in the economic, social, educational, scientific, and cultural standards
set forth in the Charter of the Organization of American States as
amended by the Protocol of Buenos Aires.

CHAPTER IV-SUSPENSION OF GUARANTEES, INTERPRETATION,
AND APPLICATION

Article 27. Suspension of Guarantees
1. In time of war, public danger, or other emergency that threatens
the independence or security of a State Party, it may take measures
derogating from its obligations under the present Convention to the
extent and for the period of time strictly required by the exigencies of
the situation, provided that such measures are not inconsistent with
its other obligations under international law and do not involve dis-
crimination on the ground of race, color, sex, language, religion, or
social origin.
2. The foregoing provision does not authorize any suspension of the
following articles: Article 3 (Right to Juridical Personality), Article
4 (Right to Life), Article 5 (Right to Humane Treatment), Article 6
(Freedom from Slavery), Article 9 (Freedom from Ew Post Facto
Laws), Article 12 (Freedom of Conscience and Religion), Article 17
(Rights of the Family), Article 18 (Right to a Name), Article 19
(Rights of the Child), Article 20 (Right to Nationality), and Article
23 (Right to Participate in Government), or of the judicial guarantees
essential for the protection of such rights.
3. Any State Party availing itself of the right of suspension shall
immediately inform the other States Parties, through the Secretary
General of the Organization of American States, of the provisions the
application of which it has suspended, the reasons that gave rise to the
suspension, and the date set for the termination of such suspension.

Article 8. Federal Clause
1. Where a State Party is constituted as a federal state, the national
government of such State Party shall implement all the provisions of
the Convention over whose subject matter it exercises legislative and
judicial jurisdiction.
2. With respect to the provisions over whose subject matter the con-
stituent units of the federal state have jurisdiction, the national govern-
ment shall immediately take suitable measures, in accordance with its
constitution and its laws, to the end that the competent authorities of
the constituent units may adopt appropriate provisions for the fulfill-
ment of this Convention.
3. Whenever two or more States Parties agree to form a federation
or other type of association, they shall take care that the resulting
federal or other compact contains the provisions necessary for con-
tinuing and rendering effective the standards of this Convention in the
new state that is organized.

Article 29. Restrictions Regarding Interpretation
No provision of this Convention shall be interpreted as:
(a) permitting any State Party, group, or person to suppress
the enjoyment or exercise of the rights and freedoms recognized in
this Convention or to restrict them to a greater extent than is
provided for herein;
(b) restricting the enjoyment or exercise of any right or free-
dom recognized by virtue of the laws of any State Party or by
virtue of another convention to which one of the said states is a
party;
(c) precluding other rights or guarantees that are inherent in








the human personality or derived from representative democracy
as a form of government; or
(d) excluding or limiting the effect that the American Declara-
tion of the Rights and Duties of Man and other international acts
of the same nature may have.

Article 30. Scope of Restrictions
The restrictions that, pursuant to this Convention, may be placed on
the enjoyment or exercise of the rights or freedoms recognized herein
may not be applied except in accordance with laws enacted for reasons
of general interest and in accordance with the purpose for which such
restrictions have been established.
Article 31. Recognition of Other Rights
Other rights and freedoms recognized in accordance with the proce-
dures established in Articles 76 and 77 may be included in the system
of protection of this Convention.
CHAPTER V-PERSONAL RESPONSIBILITIES

Article 32. Relationship between Duties and Rights
1. Every person has responsibilities to his family, his community,
and mankind.
2. The rights of each person are limited by the rights of others, by
the security of all, and by the just demands of the general welfare, in
a democratic society.


PART II-MEANS OF PROTECTION

CHAPTER VI-COMPETENT ORGANS
Article 33

The following organs shall have competence with respect to matters
relating to the fulfillment of the commitments made by the States
Parties to this Convention:
(a) the Inter-American Commission on Human Rights, re-
ferred to as "The Commission"; and
(b) the Inter-American Court of Human Rights, referred to
as "The Court."

CHAPTER VII-INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Section 1. Organization

Article 34
The Inter-American Commission on Human Rights shall be com-
posed of seven members, who shall be persons of high moral character
and recognized competence in the field of human rights.
Article 35
The Commission shall represent all the member countries of the
Organization of American States.
Article 36
1. The members of the Commission shall be elected in a personal
capacity by the General Assembly of the Organization from a list of
candidates proposed by the governments of the member states.
2. Each of those governments may propose up to three candidates,








who may be nationals of the states proposing them or of any other
member state of the Organization of American States. When a slate of
three is proposed, at least one of the candidates shall be a national of
a state other than the one proposing the slate.

Article 37
1. The members of the Commission shall be elected for a term of
four years and may be reelected only once, but the terms of three of
the members chosen in the first election shall expire at the end of
two years. Immediately following that election the General Assem-
bly shall determine the names of those three members by lot.
2. No two nationals of the same state may be members of the Com-
mission.
Article 38
Vacancies that may occur on the Commission for reasons other
than the normal expiration of a term shall be filled by the Permanent
Council of the Organization in accordance with the provisions of the
Statute of the Commission.

Article 39
The Commission shall prepare its Statute, which it shall submit to
the General Assembly for approval. It shall establish its own
Regulations.
Article 40
Secretariat services for the Commission shall be furnished by the
appropriate specialized unit of the General Secretariat of the Orga-
nization. This unit shall be provided with the resources required to
accomplish the tasks assigned to it by the Commission.

Section 2. Fwuwtions
Article 41
The main function of the Commission shall be to promote respect
for and defense of human rights. In the exercise of its mandate, it
shall have the following functions and powers:
(a) to develop an awareness of human rights among the peoples
of America;
(b) to make recommendations to the governments of the mem-
ber states, when it considers such action advisable, for the adop-
tion of progressive measures in favor of human rights within
the framework of their domestic law and constitutional provi-
sions as well as appropriate measures to further the observance
of those rights;
(c) to prepare such studies or reports as it considers advisable
in the performance of its duties;
(d) to request the governments of the member states to supply
it with information on the measures adopted by them in matters
of human rights;
(e) to respond, through the General Secretariat of the Orga-
nization of American States, to inquiries made by the member
states on matters related to human rights and, within the limits of
its possibilities, to provide those states with the advisory services
they request;
(f) to take action on petitions and other communications pur-
suant to its authority under the provisions of Articles 44 through
51 of this Convention; and
(g) to submit an annual report to the General Assembly of the
Organization of American States.








Article 42
The States Parties shall transmit to the Commission a copy of each
of the reports and studies that they submit annually to the Executive
Committees of the Inter-American Economic and Social Council and
the Inter-American Council for Education, Science, and Culture, in
their respective fields, so that the Commission may watch over the pro-
motion of the rights implicit in the economic, social, educational, sci-
entific, and cultural standards set forth in the Charter of the Orga-
nization of American States as amended by the Protocol of Buenos
Aires.

Article 43
The States Parties undertake to provide the Commission with such
information as it may request of them as to the manner in which their
domestic law ensures the effective application of any provisions of this
Convention.
Section 3. Competence
Article 44
Any person or group of persons, or any nongovernmental entity
legally recognized in one or more member states of the Organization,
may lodge petitions with the Commission containing denunciations or
complaints of violation of this Convention by a State Party.

Article 45
1. Any State Party may, when it deposits its instrument of ratifica-
tion of or adherence to this Convention, or at any later time, declare
that it recognizes the competence of the Commission to receive and ex-
amine communications in which a State Party alleges that another
State Party has committed a violation of a human right set forth in
this Convention.
2. Communications presented by virtue of this article may be ad-
mitted and examined only if they are presented by a State Party that
has made a declaration recognizing the aforementioned competence of
the Commission. The Commission shall not admit any communication
against a State Party that has not made such a declaration.
3. A declaration concerning recognition of competence may be made
to be valid for an indefinite time, for a specified period, or for a spe-
cific case.
4. Declarations shall be deposited with the General Secretariat of
the Organization of American States, which shall transmit copies
thereof to the member states of that Organization.

Article 46
1. Admission by the Commission of a petition or communication
lodged in accordance with Articles 44 or 45 shall be subject to the fol-
lowing requirements:
(a) that the remedies under domestic law have been pursued
and exhausted in accordance with generally recognized principles
of international law;
(b) that the petition or communication is lodged within a pe-
riod of six months from the date on which the party alleging vio-
lation of his rights was notified of the final judgment;
(c) that the subject of the petition or communication is not
pending in another international proceeding for settlement; and
(d) that, in the case of Article 44, the petition contains the
name, nationality, profession, domicile, and signature of the per-
son or persons or of the legal representative of the entity lodging
the petition.
2. The provisions of paragraphs 1.a and l.b of this article shall not
be applicable when:









(a) the domestic legislation of the state concerned does not
afford due process of law for the protection of the right or rights
that have allegedly been violated;
(b) the party alleging violation of his rights has been denied
access to the remedies under domestic law or has been prevented
from exhausting them; or
(c) there has been unwarranted delay in rendering a final judg-
ment under the aforementioned remedies.

Article 47
The Commission shall consider inadmissible any petition or com-
munication submitted under Articles 44 or 45 if:
(a) any of the requirements indicated in Article 46 has not
been met;
(b) the petition or communication does not state facts that tend
to establish a violation of the rights guaranteed by this
Convention;
(c) the statements of the petitioner or of the state indicate that
the petition or communication is manifestly groundless or obvi-
ously out of order; or
(d) the petition or communication is substantially the same as
one previously studied by the Commission or by another inter-
national organization.

Section 4. Procedure

Article 48
1. When the Commission receives a petition or communication
alleging violation of any of the rights protected by this Convention,
it shall proceed as follows:
(a) If it considers the'petition or communication admissible,
it shall request information from the government of the state in-
dicated as being responsible for the alleged violations and shall
furnish that government a transcript of the pertinent portions of
the petition or communication. This information shall be sub-
mitted within a reasonable period to be determined by the Com-
mission in accordance with the circumstances of each case.
(b) After the information has been received, or after the period
established has elapsed and the information has not been received,
the Commission shall ascertain whether the grounds for the peti-
tion or communication still exist. If they do not, the Commission
shall order the record to be closed.
(c) The Commission may also declare the petition or com-
munication inadmissible or out of order on the basis of informa-
tion or evidence subsequently received.
(d) If the record has not been closed, the Commission shall,
with the knowledge of the parties, examine the matter set forth
in the petition or communication in order to verify the facts. If
necessary and advisable, the Commission shall carry out an in-
vestigation, for the effective conduct of which it shall request,
and the states concerned shall furnish to it, all necessary facilities.
(e) The Commission may request the states concerned to fur-
nish any pertinent information and, if so requested, shall hear oral
statements or receive written statements from the parties con-
cerned.
(f) The Commission shall place itself at the disposal of the
parties concerned with a view to reaching a friendly settlement of
the matter on the basis of respect for the human rights recognized
in this Convention.
2. However, in serious and urgent cases, only the presentation of a
petition or communication that fulfills all the formal requirements of
admissibility shall be necessary in order for the Commission to con-









duct an investigation with the prior consent of the state in whose
territory a violation has allegedly been committed.
Article 49
If a friendly settlement has been reached in accordance with para-
graph 1.f of Article 48, the Commission shall draw up a report, which
shall be transmitted to the petitioner and to the States Parties to this
Convention, and shall then be communicated to the Secretary General
of the Organization of American States for publication. This report
shall contain a brief statement of the facts and of the solution reached.
If any party in the case so requests, the fullest possible information
shall be provided to it.

Article 50
1. If a settlement is not reached, the Commission shall, within the
time limit established by its Statute, draw up a report setting forth
the facts and stating its conclusions. If the report, in whole or in
part, does not represent the unanimous agreement of the members
of the Commission, any member may attach to it a separate opinion.
The written and oral statements made by the parties in accordance
with paragraph 1.e of Article 48 shall also be attached to the report.
2. The report shall be transmitted to the states concerned, which
shall not be at liberty to publish it.
3. In transmitting the report, the Committee may make such pro-
posals and recommendations as it sees fit.
Article 51
1. If, within a period of three months from the date of the trans-
mittal of the report of the Commission to the states concerned, the
matter has not either been settled or submitted by the Commission
or by the state concerned to the Court and its jurisdiction accepted,
the Commission may, by the vote of an absolute majority of its
members, set forth its opinion and conclusions concerning the ques-
tion submitted for its consideration.
2. Where appropriate, the Commission shall make pertinent rec-
ommendations and shall prescribe a period within which the state
is to take the measures that are incumbent upon it to remedy the
situation examined.
3. When the prescribed period has expired, the Commission shall
decide by the vote of an absolute majority of its members whether
the state has taken adequate measures and whether to publish its
report.

CHAPTER VIII-INTER-AMERICAN COURT OF HUMAN RIGHTS

Section 1. Organization

Article 52
1. The Court shall consist of seven judges, nationals of the mem-
ber states of the Organization, elected in an individual capacity
from among jurists of the highest moral authority and of recog-
nized competence in the field of human rights, who possess the quali-
fications required for the exercise of the highest judicial functions in
conformity with the law of the state of which they are nationals or
of the state that proposes them as candidates.
2. No two judges may be nationals of the same state.

Article 53
1. The judges of the Court shall be elected by secret ballot by an
absolute majority vote of the States Parties to the Convention, in








the General Assembly of the Organization, from a panel of candi-
dates proposed by those states.
2. Each of the States Parties may propose up to three candidates,
nationals of the state that proposes them or of any other member
state of the Organization of American States. When a slate of three
is proposed, at least one of the candidates shall be a national of a
state other than the one proposing the slate.
Article 54
1. The judges of the Court shall be elected for a term of six years and
may be reelected only once. The term of three of the judges chosen in
the first election shall expire at the end of three years. Immediately
after the election, the names of the three judges shall be determined
by lot in the General Assembly.
2. A judge elected to replace a judge whose term has not expired
shall complete the term of the latter.
3. The judges shall continue in office until the expiration of their
term. However, they shall continue to serve with regard to cases that
they have begun to hear and that are still pending, for which purposes
they shall not be replaced by the newly elected judges.

Article 55
1. If a judge is a national of any of the States Parties to a case sub-
mitted to the Court, he shall retain his right to hear that case.
2. If one of the judges called upon to hear a case should be a na-
tional of one the States Parties to the case, any other State Party in the
case may appoint a person of its choice to serve on the Court as an
ad hoc judge.
3. If among the judges called upon to hear a case none is a national
of any of the States Parties to the case, each of the latter may appoint
an ad hoc judge.
4. An ad hoc judge shall possess the qualifications indicated in
Article 52.
5. If several States Parties to the Convention should have the same
interest in a case, they shall be considered as a single party for pur-
poses of the above provisions. In case of doubt, the Court shall decide.
Article 56
Five judges shall constitute a quorum for the transaction of busi-
ness by the Court.
Article 57
The Commission shall appear in all cases before the Court.

Article 58
1. The Court shall have its seat at the place determined by the States
Parties to the Convention in the General Assembly of the Organiza-
tion; however, it may convene in the territory of any member state of
the Organization of American States when a majority of the Court
consider it desirable, and with the prior consent of the state concerned.
The seat of the Court may be changed by the States Parties to the
Convention in the General Assembly by a two-thirds vote.
2. The Court shall appoint its own Secretary.
3. The Secretary shall have his office at the place where the Court
has its seat and shall attend the meetings that the Court may hold
away from its seat.
Article 59
The Court shall establish its Secretariat, which shall function under
the direction of the Secretary of the Court, in accordance with the ad-
ministrative standards of the General Secretariat of the Organization








in all respect not incompatible with the independence of the Court.
The staff of the Court's Secretariat shall be appointed by the Secretary
General of the Organization, in consultation with the Secretary of
the Court.
Article 60
The Court shall draw up its Statute which it shall submit to the
General Assembly for approval. It shall adopt its own Rules of
Procedure.
Section 2. Jurisdiction and Functions
Article 61
1. Only the States Parties and the Commission shall 'have the right
to submit a case to the Court.
2. In order for the Court to hear a case, it is necessary that the pro-
cedures set forth in Articles 48 and 50 shall have been completed.

Article 62
1. A State Party may, upon depositing its instrument of ratification
or adherence to this Convention, or at any subsequent time, declare that
it recognizes as binding, ipso facto, and not requiring special agree-
ment, the jurisdiction of the Court on all matters relating to the inter-
pretation or application of this Convention.
2. Such declaration may be made unconditionally, on the condition
of reciprocity, for a specified period, or for specific cases. It shall be
presented to the Secretary General of the Organization, who shall
transmit copies thereof to the other member states of the Organization
and to the Secretary of the Court.
3. The jurisdiction of the Court shall comprise all cases concerning
the interpretation and application of the provisions of this Convention
that are submitted to it, provided that the States Parties to the case
recognize or have recognized such jurisdiction, whether by special
declaration pursuant to the preceding paragraphs, or by a special
agreement.
Article 63
1. If the Court finds that there has been a violation of a right or
freedom protected by this Convention, the Court shall rule that the
injured party be ensured the enjoyment of his right or freedom that
was violated. It shall also rule, if appropriate, that the consequences of
the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured
party.
2. In cases of extreme gravity and urgency, and when necessary to
avoid irreparable damage to persons, the Court shall adopt such provi-
sional measures as it deems pertinent in matters it has under considera-
tion. With respect to a case not yet submitted to the Court, it may act at
the request of the Commission.
Article 64
1. The member states of the Organization may consult the Court
regarding the interpretation of this Convention or of other treaties
concerning the protection of human rights in the American states.
Within their spheres of competence, the organs listed in Chapter X of
the Charter of the Organization of American States, as amended by
the Protocol of Buenos Aires, may in like manner consult the Court.
2. The Court, at the request of a member state of the Organization,
may provide that state with opinions regarding the compatibility of
any of its domestic laws with the aforesaid international instruments.

Article 65
To each regular session of the General Assembly of the Organization









ot American States the Court shall submit, for the Assembly's con-
sideration, a report on its work during the previous year. It shall
specify, in particular, the cases in which a state has not complied with
its judgments, making any pertinent recommendations.

Section 3. Procedure
Article 66
1. Reasons shall be given for the judgment of the Court.
2. If the judgment does not represent in whole or in part the unani-
mous opinion of the judges, any judge shall be entitled to have his
dissenting or separate opinion attached to the judgment.
Article 67
The judgment of the Court shall be final and not subject to appeal.
In case of disagreement as to the meaning or scope of the judgment, the
Court shall interpret it at the request of any of the parties, provided
the request is made within ninety days from the date of notification of
the judgment.
Article 68
1. The States Parties to the Convention undertake to comply with
the judgment of the Court in any case to which they are parties.
2. That part of a judgment that stipulates compensatory damages
may be executed in the country concerned in accordance with domestic
procedure governing the execution of judgments against the state.

Article 69
The parties to the case shall be notified of the judgment of the Court
and it shall be transmitted to the States Parties to the Convention.

CHAPTER IX--COMMON PROVISIONS
Article 70
1. The judges of the Court and the members of the Commission shall
enjoy, from the moment of their election and throughout their term
of office, the immunities extended to diplomatic agents in accordance
with international law. During the exercise of their official function
they shall, in addition, enjoy the diplomatic privileges necessary for
the performance of their duties.
2. At no time shall the judges of the Court or the members of the
Commission be held liable for any decisions or opinions issued in the
exercise of their functions.
Article 71
The position of judge of the Court or member of the Commission is
incompatible with any other activity that might affect the independ-
ence or impartiality of such judge or member, as determined in the
respective statutes.
Article 72
The judges of the Court and the members of the Commission shall
receive emoluments and travel allowances in the form and under the
conditions set forth in their statutes, with due regard for the impor-
tance and independence of their office. Such emoluments and travel al-
lowances shall be determined in the budget of the Organization of
American States, which shall also include the expenses of the Court
and its Secretariat. To this end, the Court shall draw up its own budg-
et and submit it for approval to the General Assembly through the
General Secretariat. The latter may not introduce any changes in it.









Article 73
The General Assembly may only at the request of the Commission
or the Court, as the case may be, determine sanctions to be applied
against members of the Commission or judges of the Court when there
are justifiable grounds for such action as set forth in the respective
statutes. A vote of a two-thirds majority of the member states of the
Organization shall be required for a decision in the case of members of
the Commission and, in the case of judges of the Court, a two-thirds
majority vote of the States Parties to the Convention shall also be
required.
PART III-GENERAL AND TRANSITORY PROVISIONS

CHAPTER X-SIGNATURE, RATIFICATION, RESERVATIONS, AMENDMENTS,
PROTOCOLS, AND DENUNCIATION

Article 74
1. This Convention shall be open for signature and ratification by or
adherence of any member state of the Organization of American
States.
2. Ratification of or adherence to this Convention shall be made by
the deposit of an instrument of ratification or adherence with the
General Secretariat of the Organization of American States. As soon
as eleven states have deposited their instruments of ratification or
adherence, the Convention shall enter into force. With respect to any
state that ratifies or adheres thereafter, the Convention shall enter into
force on the date of the deposit of its instrument of ratification or
adherence.
3. The Secretary General shall inform all member states of the
Organization of the entry into force of the Convention.
Article 75
This Convention shall be subject to reservations only in conformity
with the provisions of the Vienna Convention on the Law of Treaties
signed on May 23, 1969.
Article 76
1. Proposals to amend this Convention may be submitted to the
General Assembly for the action it deems appropriate by any State
Party directly, and by the Commission or the Court through the
Secretary General.
2. Amendments shall enter into force for the states ratifying them
on the date when two-thirds of the States Parties to this Convention
have deposited their respective instruments of ratification. With re-
spect to the other States Parties, the amendments shall enter into force
on the dates on which they deposit their respective instruments of
ratification.
Article 77
1. In accordance with Article 31, any State Party and the Commis-
sion may submit proposed protocols to this Convention for considera-
tion by the States Parties at the General Assembly with a view to
gradually including other rights and freedoms within its system of
protection.
2. Each protocol shall determine the manner of its entry into force
and shall be applied only among the States Parties to it.

Article 78
1. The States Parties may denounce this Convention at the expira-
tion of a five-year period starting from the date of its entry into force








and by means of notice given one year in advance. Notice of the
denunciation shall be addressed to the Secretary General of the Or-
ganization, who shall inform the other States Parties.
2. Such a denunciation shall not have the effect of releasing the State
Party concerned from the obligations contained in this Convention
with respect to any act that may constitute a violation of those obliga-
tions and that has been taken by that state prior to the effective date of
denunciation.
CHAPTER XI--TRANSITORY PROVISIONS

Section 1. Inter-American Commission on Human Rights
Article 79
Upon the entry into force of this Convention, the Secretary Gen-
eral shall, in writing, request each member state of the Organization
to present, within ninety days, its candidates for membership on the
Inter-American Commission on Human Rights. The Secretary Gen-
eral shall prepare a list in alphabetical order of the candidates pre-
sented, and transmit it to the member states of the Organization at
least thirty days prior to the next session of the General Assembly.
Article 80
The members of the Commission shall be elected by secret ballot of
the General Assembly from the list of candidates referred to in Article
79. The candidates who obtain the largest number of votes and an ab-
solute majority of the votes of the representatives of the member states
shall be declared elected. Should it become necessary to have several
ballots in order to elect all the members of the Commission, the candi-
dates who receive the smallest number of votes shall be eliminated
successively, in the manner determined by the General Assembly.

Section 2. Inter-American Court of Human Rights
Article 81
Upon the entry into force of this Convention, the Secretary General
shall, in writing, request each State Party to present, within ninety
days, its candidates for membership on the Inter-American Court of
Human Rights. The Secretary General shall prepare a list in alpha-
betical order of the candidates presented and transmit it to the States
Parties at least thirty days prior to the next session of the General
Assembly.
Article 82
The judges of the Court shall be elected from the list of candidates
referred to in Article 81, by secret ballot of the States Parties to the
Convention in the General Assembly. The candidates who obtain the
largest number of votes and an absolute majority of the votes of the
representatives of the States Parties shall be declared elected. Should
it become necessary to have several ballots in order to elect all the
judges of the Court, the candidates who receive the smallest number of
votes shall be eliminated successively, in the manner determined by the
States Parties.








ANNEX


President Carter's Letter of Transmittal, with suggested reserva-
tions, understandings, and declarations, sent to the Senate Feb-
ruary 23, 1978.


THE WHIEr HOUSE, February 3,1978.
To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to
ratification, subject to certain reservations, understandings and dec-
larations. I transmit herewith four treaties pertaining to human
rights. Three of these treaties were negotiated at the United Nations:
-The International Convention on the Elimination of All Forms
of Racial Discrimination, signed on behalf of the United States
on September 28, 1966.
-The International Covenant on Economic, Social and Cultural
Rights, signed on behalf of the United States on October 5, 1977.
-The International Covenant on Civil and Political Rights, signed
on behalf of the United States on October 5,1977.
The fourth treaty was adopted by the Organization of American
States in 1969, and is open for adoption only by members of that Orga-
nization: The American Convention on Human Rights, signed on
behalf of the United States on June 1,1977.
I also transmit, for the information of the Senate, the report of the
Department of State on the United Nations treaties and the Depart-
ment's separate report on the American Convention.
While the United States is a leader in the realization and protection
of human rights, it is one of the few large nations that has not become
a party to the three United Nations human rights treaties. Our failure
to become a party increasingly reflects upon our attainments, and
prejudices United States participation in the development of the inter-
national law of human rights. The two human rights Covenants are
based upon the Universal Declaration of Human Rights, in whose con-
ception, formulation and adoption the United States played a central
role. The Racial Discrimination Convention deals with a problem
which in the past has been identified with the United Statesi ratifica-
tion of this treaty will attest to our enormous progress in this field in
recent decades and our commitment to ending racial discrimination.
The United States participated actively and effectively in the ne-
gotiation of the American Convention of Human Rights. That Con-
vention, like the United Nations Covenant on Civil and Political
Rights, treats in detail a wide range of civil and political rights. Free-
dom of speech and thought, participation in government, and others
are included which Americans have always considered vital to a free,
open and humane society. United States ratification of the Convention
will give us a unique opportunity to express our support for the cause
of human rights in the Americas.
The great majority of the substantive provisions of these four trea-
ties are entirely consistent with the letter and spirit of the United
States Constitution and laws. Wherever a provision is in conflict with
United States law, a reservation, understanding or declaration has
been recommended. The Department of Justice concurs in the judg-
ment of the Department of State that, with the inclusion of these
reservations, understandings and declarations, there are no constitu-
tional or other legal obstacles to United States ratification. The re-
ports of the Department of State on these four treaties describe their
provisions and set forth the recommended reservations, understand-
ings and declarations.








Should the Senate give its advice and consent to ratification of the
Convention on the Elimination of All Forms of Racial Discrimina-
tion, I would then have the right to decide whether to make a declara-
tion, pursuant to Article 14 of the Convention, recognizing the com-
petence of the Committee on the Elimination of Racial Discrimina-
tion to receive and consider communications from individuals. Such a
declaration would be submitted to the Senate for its advice and con-
sent to ratification.
Should the Senate give its advice and consent to ratification of the
International Covenant on Civil and Political Rights, I intend upon
deposit of United States ratification to make a declaration, pursuant
to Article 14 of the Covenant. By that declaration the United States
would recognize the competence of the Human Rights Committee es-
tablished by Article 28 to receive and consider "communications to the
effect that a State Party claims that another State Party is not ful-
filling its obligations under the Covenant."
Should the Senute give its advice and consent to ratification of the
American Convention on Human Rights, I intend upon deposit of
United States ratification to make a declaration pursuant to Article
45 of the Convention. By that declaration the United States would
recognize the competence of the Inter-American Commission on Hu-
man Rights established by Article 33 to receive and examine "com-
munications in which a State Party alleges that another State
Party has committed a violation of a human right set forth in this
Convention."
By giving its advice and consent to ratification of these treaties, the
Senate will confirm our country's traditional commitment to the pro-
motion and protection of human rights at home and abroad. I recom-
mend that the Senate give prompt consideration to the treaties and
advise and consent to their ratification.
JIMMY CARTER.




Deputy Secretary of State Warren Christopher's Letters of Sub-
mittal, with suggested reservations, understandings, and declara-
tions, sent to President Carter December 17, 1977.


DEPARTMENT OF STATE,
Washington, December 17,1977.
The PRESIDENT,
The White House.
THE PRESIDENT: I have the honor to submit to you, with a view to
their transmission to the Senate for advice and consent to ratification
subject to specified reservations, understandings and declarations,
three related treaties:
-The International Convention on the Elimination of All Forms
of Racial Discrimination, adopted by the United Nations General
Assembly on December 21,1965.
-The International Covenant on Economic, Social and Cultural
Rights, adopted by the United Nations General Assembly on De-
cember 16, 1966.
-The International Covenant on Civil and Political Rights,
adopted by the United Nations General Assembly on December 16,
1966.
These treaties are designed to implement the human rights provi-
sions of the Charter of the United Nations which, in Articles 1, 55 and
56, provides that the Organization and its members shall promote
"universal respect for, and observance of, human rights and funda-







mental freedoms for all without distinction as to race, sex, language,
or religion."
The Convention on the Elimination of all Forms of Racial Discrimi-
nation and the two Human Rights Covenants together constitute a
paramount contribution to the development of the international law
of human rights. The Convention on Racial Discrimination and the
Covenant on Civil and Political Rights are in the legal and ethical tra-
dition of the West. They give expression to human rights that are, for
the most part, accepted in United States law and practice. The Cove-
nant on Economic, Social and Cultural Rights while also reflective
of United States law and policy, is primarily a statement of goals
to be achieved progressively, rather than through immediate
implementation.
The three treaties have been widely approved by the world com-
munity. The Convention on Racial Discrimination, which entered into
force January 4, 1969, now numbers 98 countries among its parties;
the Covenant on Economic, Social and Cultural Rights, which entered
into force January 3, 1976, has 46 ratifications or accessions, and the
Covenant on Civil and Political Rights, which entered into force
March 23, 1976, has 43 ratifications or accessions. It is increasingly
anomalous that the list of parties does not include the United States,
whose human rights record domestically and internationally has long
served as an example to the world community. The Covenants were
signed for the United States on October 5, 1977; the Convention on
Racial Discrimination was signed on September 28, 1966.
In view of the large number of States concerned and the disparity of
view on some questions, it was not possible to negotiate treaties which
were in perfect accord with the United States Constitution and law.
The treaties contain a small number of provisions which are or appear
to be in conflict with United States law. The most serious examples are
paragraphs (a) and (b) of Article 4 of the Convention on Racial
Discrimination, and Article 20 of the Covenant on Civil and Political
Rights, which conflict with the right of free speech as protected by the
Constitution. Reservations to these and other provisions, discussed
below, along with a number of statements of understanding, are
designed to harmonize the treaties with existing provisions of domestic
law. In addition, declarations that the treaties are not self-executing
are recommended. With such declarations, the substantive provisions
of the treaties would not of themselves become effective as domestic
law. The Department of Justice is of the view that, with these reserva-
tions, declarations and understandings, there are no constitutional or
other legal objections to United States ratification of the treaties.
The following is a summary of the provisions of the terms of the
treaties, and the reservations, declarations and understandings to them
recommended to the Senate by the Departments of State and Justice.
Convention on the Elimination of All Forms of Racial Discrimination
The Convention is designed to forbid racial and ethnic discrimina-
tion in all fields of public life. For the most part, its terms closely
parallel United States constitutional and statutory law and policy. The
Convention is divided into three parts: Part I (Articles 1 through 7)
contains the substantive provisions; Part II (Articles 8 through 16)
contains administrative and enforcement clauses; Part III (Articles
17 through 25) sets forth the final clauses.
Article 1 defines "racial discrimination" broadly, but specifies that
the Convention does not apply to distinctions, exclusions, restrictions
or preferences made by a State Party between citizens and non-citizens.
Paragraph (4) of Article 1 and paragraph (2) of Article 2 also permit,
but do not require, what have come to be known in the United States as
"affirmative action" programs.
Article 2 specifies steps to be taken to eliminate racial discrimination,
including nullification of discriminatory laws at all levels of political
organization and prohibition of racial discrimination by "any persons,
group or organization." Article 3 condemns and prohibits racial segre-








gation and apartheid. These provisions, along with those of Article 5,
require equality in several areas of economic, social and cultural rights,
and the right of access to public places. They require a statement pre-
serving United States distinctions between various governmental and
private activities. The following understanding is recommended:
"The United States understands its obligation to enact legislation
and take other measures under paragraph (1) of Article 2, subpara-
graphs (1) (c) and (1) (d) of Article 2, Article 3, and Article 5 to
extend only to governmental or government-assisted activities and to
private activities required to be available on a non-discriminatory basis
as defined by the Constitution and laws of the United States."
Article 4 condemns propaganda and organizations based on racial
hatred or superiority. Paragraph (c) of Article 4 requires that States
Parties forbid public authorities or institutions, national or local,
from promoting or inciting racial discrimination. This obligation is
consonant with United States law and policy. Paragraphs (a) and
(b), however, provide for restrictions on the dissemination of ideas,
or participation in organizations based on those ideas, and as such
would clearly violate the freedom of expression and association guar-
anteed by the Constitution and United States law and practice. With
respect to paragraphs (a) and (b) of Article 4, the following reserva-
tion is recommended:
"The Constitution of the United States and Article 5 of this Con-
vention contain provisions for the protection of individual rights, in-
cluding the right to free speech, and nothing in this Convention shall
be deemed to require or to authorize legislation or other action by the
United States which would restrict the right of free speech protected
by the Constitution, laws, and practice of the United States."
Article 5 enumerates certain fundamental rights the enjoyment
and exercise of which must be protected against abridgement by racial
discrimination. These rights include the basic civil and political rights
guaranteed in the United States, such as rights to personal security,
universal suffrage, freedom of movement, and freedom of thought and
expression. The rights also include economic, social and cultural
rights, including the right to form and join trade unions, the right to
housing, the right to employment, and the right of access to any place
or service intended for use by the general public. The obligation as-
sumed under Article 5 is not designated primarily to protect or guar-
antee the several enumerated rights as such, but rather to assure
equality and non-discrimination in the enjoyment of those rights.
Article 6 requires the provision of effective protection and remedies,
through the competent tribunals and other government institutions,
against acts of racial discrimination which violate the Convention.
Article 7 commits States Parties to undertake active programs to com-
bat racial discrimination ard prejudice.
Articles 8 through 16 constitute the administrative and enforcement
provisions of the Convention. A Committee on the Elimination of
Racial Discrimination is established, along with a requirement that
States Parties submit reports to the United Nations Secretary-Gen-
eral, for consideration by the Committee, describing the measures they
have adopted which give effect to the provisions of the Convention.
The Committee may make recommendations based on the reports and
information received from States Parties.
A procedure is also established permitting States Parties to submit
complaints to the Committee alleging that other States Parties are
not giving effect to the provisions of the Convention. A conciliation
procedure constitutes the central mechanism for settling such disputes.
No legally binding recommendations or awards are permitted.
Article 14 permits, but does not require, a State Party to declare
that it recognizes the competence of the Committee to receive and
consider communications from individuals or groups of individuals.
within the jurisdiction of that State Party, claiming to be victims of a
violation by that State Party of any of the rights set forth in the Con-








vention. Individual complaints may be considered by the Committee
only after all available domestic remedies have been exhausted.
Article 15 provides for the consideration by the Committee of re-
ports on implementation of the Convention by States Parties in non-
self-governing territories over which they exercise jurisdiction.
Article 16 confirms that the procedures for resolution of disputes
and complaints provided in the Convention are additional to rather
than substitutes for other procedures agreed to by the States Parties.
Articles 17 through 25 are the final clauses. Article 22 provides that
any dispute with respect to the interpretation or application of the
Convention which is not settled by negotiation or by the procedures
provided for in the Convention shall at the request of any party to the
dispute be referred to the International Court of Justice unless the
disputants agree to another mode of settlement.
In addition to the general understanding and reservation recom-
mended above, the following reservation is recommended:
"The United States shall implement all the provisions of the Con-
vention over whose subject matter the Federal Government exercises
legislative and judicial administration; with respect to the provisions
over whose subject matter constituent units exercise jurisdiction, the
Federal Government shall take appropriate measures, to the end that
the competent authorities of the constituent units may take appro-
priate measures for the fulfillment of this Covenant."
This reservation is designed to deal with a number of provisions,
notably subparagraphs (1) (a) and (1) (c) of Article 2, paragraph
(c) of Article 4, Article 6 and Article 7, which impose obligations
whose fulfillment is dependent upon the legal power of state and local
governments as well as that of the Federal Government.
It is further recommended that a declaration indicate the non-self-
executing nature of Articles 1 through 7 of the Convention. Absent
such a statement, the terms of the Convention might be considered
as directly enforceable law on a par with Congressional statutes.
While the terms of the Convention, with the suggested reservations
and understanding, are consonant with United States law, it is never-
theless preferable to leave any further implementation that may be
desired to the domestic legislative and judicial process. The following
declaration is recommended:
"The United States declares that the provisions of Articles 1 through
7 of this Convention are not self-executing."
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural
Rights sets forth a number of rights which, while for the most part
in accord with United States law and practice, are nevertheless formu-
lated as statements of goals to be achieved progressively rather than
implemented immediately.
Parts I, II, and III of the Covenant (Articles 1 through 15) con-
tain the substantive provisions; Part IV (Articles 16 through 23)
sets forth the administrative provisions; and Part V (Articles 26
through 31) contains the final clauses.
Article 1 affirms in general terms the right of all peoples to self-
determination, and the right to freely dispose of their natural wealth
and resources without prejudice to any obligations arising out of inter-
national economic cooperation, based upon the principle of mutual
benefit, and international law. This is consonant with United States
policy.
Paragraph (1) of Article 2 sets forth the basic obligation of States
Parties "to take steps," individually and through international as-
sistance and cooperation, "to the maximum of its available resources,
with a view to achieving progressively the full realization of the
rights recognized" by the Covenant "by all appropriate means, in-
cluding legislative measures." In view of the terms of paragraph (1)
of Article 2, and the nature of the rights set forth in Articles 1
through 15 of the Covenant, the following statement is recommended:
"The United States understands paragraph (1) of Article 2 as








establishing that the provisions of Articles 1 through 15 of this Cove-
nant describe goals to be achieved progressively rather than through
immediate implementation."
It is also understood that paragraph (1) of Article 2, as well as
Article 11, which calls for States Parties to take steps individually
and through international cooperation to guard against hunger, im-
port no legally binding obligation to provide aid to foreign countries.
Paragraph (2) of Article 2 forbids discrimination of any sort
based on race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. United
States and international law permit certain limited discrimination
against non-nationals in appropriate cases (e.g., ownership of land or
of means of communication). It is understood that this paragraph also
permits reasonable distinctions based on citizenship. Paragraph (3)
of Article 2 provides that developing countries, with due regard to
human rights and their national economy, may determine to what ex-
tent they will guarantee the economic rights recognized in the Cove-
nant to non-nationals. Of related significance is Article 25, which pro-
vides that nothing in the Covenant is to be interpreted as impairing
the "inherent right of all peoples to enjoy and utilize fully and
freely their natural wealth and resources." With respect to paragraph
(3) of Article 2 and to Article 25, the following declaration is
recommended:
"The United States declares that nothing in the Covenant derogates
from the equal obligation of all States to fulfill their responsibilities
under international law. The United States understands that under
the Covenant everyone has the right to own property alone as well as
in association with others, and that no one shall be arbitrarily deprived
of his property."
This declaration and understanding will make clear the United
States position regarding property rights, and expresses the view of
the United States that discrimination by developing countries against
nonnationals or actions affecting their property or contractual rights
may only be carried out in accordance with the governing rules of
international law. Under international law, any taking of private
property must be nondiscriminatory and for a public purpose, and
must be accompanied by prompt, adequate, and effective compensation.
Article 3 provides that the Parties undertake to ensure the equal
rights of men and women with respect to the rights set forth in the
Covenant. Article 4 permits derogation from the rights enumerated in
the Covenant only by law for the general welfare and only insofar as
such limitations may be compatible with the nature of the rights.
Paragraph (1) of Article 5 provides that nothing in the 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 in the Cove-
nant, or at their limitation to a greater extent than provided for in
the Covenant. This clause raises in indirect fashion the problem of
freedom of speech, and accordingly, the following statement is
recommended:
"The Constitution of the United States and Article 19 of the Inter-
national Covenant on Civil and Political Rights contain provisions
for the protection of individual rights, including the right to free
speech, and nothing in this Covenant shall be deemed to require or to
authorize legislation or other action by the United States which would
restrict the right of free speech protected by the Constitution, laws,
and practice of the United States."
Paragraph (2) of Article 5 provides that existing rights may not be
restricted because they are not recognized in the Covenant or recog-
nized to a lesser extent.
Articles 6 through 9 of the Covenant list certain economic rights,
including the right to work (Article 6), to favorable working condi-
tions (Article 7), to organize unions (Article 8), and to social secur-








ity (Article 9). Some of the standards established under these articles
may not readily be translated into legally enforceable rights, while
others are in accord with United States policy, but have not yet been
fully achieved. It is accordingly important to make clear that these
provisions are understood to be goals whose realization will be sought
rather than obligations requiring immediate implementation.
Similarly, Articles 10 through 14 detail certain social rights, among
them the right to protection of the family, including standards for
maternity leave (Article 10), the right of freedom from hunger (Ar-
ticle 11), the right to physical and mental health (Article 12), and
the right to education (Articles 13 and 14). Article 15 provides for
certain cultural rights, all of which are appropriately protected by
United States law and policy.
Articles 16 through 23 contain administrative provisions requiring
the submission of reports on implementation of the Covenant to the
United Nations Secretary-General for transmission to and considera-
tion by the Economic and Social Council. The Council may transmit
information and make recommendations.
Articles 26 through 31 are the final clauses. Article 28 states that
"The provisions of the present Covenant shall extend to all parts of
federal States without any limitations or exceptions." In view of the
nature of the United States federal system, this Article is not accepta-
ble as formulated. With respect to Article 28, the following reserva-
tion is recommended:
"The United States shall progressively implement all the provisions
of the Covenant over whose subject matter the Federal Government
exercises legislative and judicial jurisdiction; with respect to the pro-
visions over whose subject matter constituent units exercise jurisdic-
tion, the Federal Government shall take appropriate measures, to the
end that the competent authorities of the constituent units may take
appropriate measures for the fulfillment of this Covenant."
In addition, it is further recommended that a declaration indicate
the non-self-executing nature of Articles 1 through 15 of the Cove-
nant. For the same reasons as set forth above with regard to the Con-
vention on the Elimination of All Forms of Racial Discrimination.
the following dec!kdration is recommended:
"The United States declares that the provisions of Articles 1
through 15 of this Covenant are not self-executing."
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is, of the
three treaties submitted, the most similar in conception to the United
States Constitution and Bill of Rights. The rights guaranteed are
those civil and political rights with which the United States and the
western liberal democratic tradition have always been associated. The
rights are primarily limitations upon the power of the State to im-
pose its will upon the people under its jurisdiction.
Parts I, II, and III of the Covenant (Articles 1 through 27) con-
tain the substantive provisions; Part IV (Articles 28 through 45)
contains the administrative and enforcement provisions; Part V in-
cludes under Articles 46 and 47 further substantive clauses; and Part
VI (Articles 48 through 53) sets forth the final clauses.
Article 1, which contains provisions regarding self-determination
and the right to dispose of natural wealth and resources, subject to the
principles of mutual benefit and international law, is identical to Ar-
ticle 1 of the Covenant on Economic, Social and Cultural Rights.
Article 2 commits States Parties to provide the rights enumerated
in the Covenant without regard to race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or
other status. States Parties are required to provide effective legal reme-
dies for violations of the rights protected by the Covenant.
Article 3 expressly obligates States Parties to undertake to ensure
the equal right of men and women to the enjoyment of the civil and
political rights set forth in the Covenant.
Article 4 permits derogation from certain of the rights guaranteed








by the Covenant in situations of public emergency "which threatens
the life of the nation" and the existence of which is officially pro-
claimed, provided that those rights are not abridged on a discrimina-
tory basis.
Paragraph (1) of Article 5 of the Covenant is identical to para-
graph (1) of Article 5 of the Covenant on Economic, Social and Cul-
tural Rights, and thus indirectly raises the question of free speech.
Article 20 expressly prohibits "any propaganda for war" and "any
advocacy of national, racial or religious hatred that constitutes incite-
ment to discrimination, hostility or violence." This provision conflicts
with the Constitution, and thus a reservation is required. Article 20
also appears to restrict the freedom of expression provided for in
Article 19 of the Covenant. With respect to Article 20 and to para-
graph (1) of Article 5, the following reservation is recommended:
"The Constitution of the United States and Article 19 of this Cove-
nant contain provisions for the protection of individual rights, in-
cluding the right of free speech, and nothing in this Covenant shall be
deemed to require or to authorize legislation or other action by the
United States which would restrict the right of free speech protected
by the Constitution, laws, and practice of the United States."
Article 6 of the Covenant provides a general right to protection
of life, and limits the circumstances in which capital punishment
may be imposed or carried out. Paragraph 2 indicates that the death
sentence may be imposed only for "the most serious crimes in accord-
ance with law in force at the time of the commission of the crime,"
and only pursuant to a final judgment of a competent court. Para-
graph 4 provides a right to seek pardon or commutation of the death
sentence. Paragraph 5 forbids execution of persons under the age of
18 or of pregnant women. As United States law is not entirely in ac-
cord with these standards, the following reservation is recommended:
"The United States reserves the right to impose capital punishment
on any person duly convicted under existing or future laws permitting
the imposition of capital punishment."
Article 7 forbids torture and inhuman or degrading treatment or
punishment. Article 8 forbids slavery.
Article 9 protects the right to liberty and security of the person,
and sets forth the conditions under which persons may be arrested
and tried for criminal charges. Paragraph 5 grants a right to com-
pensation for unlawful arrest or detention which goes beyond cur-
rent federal law. A related provision is paragraph (1) of Article 15.
which forbids ex post facto criminal offenses. The third clause of
that paragraph provides that if, subsequent to the commission of an
offense, provision is made by law for the imposition of a lighter
penalty, the offender is to benefit thereby. This right is often granted
in practice in the United States, but is not required by law. With re-
spect to paragraph (5) of Article 9 and to paragraph (1) of Article
15. the following reservation accordingly is recommended:
"The United States does not adhere to paragraph (5) of Article 9
or to the third clause of paragraph (1) of Article 15."
Article 10 establishes standards for the treatment of prisoners.
Subparagraph (2) (a) of Article 10 requires that accused persons be
segregated from convicted persons save in exceptional circumstances,
while subparagraph (2) (b) requires that accused juvenile persons
be separated from adults and brought as speedily as possible for ad-
judication. Paragraph (3) of Article 10 provides that the peniten-
tiary system is to "comprise treatment of prisoners the essential aim
of which shall be their reformation and social rehabilitation." Prac-
tice and policy in United States prisons does not fully accord with
these standards, and accordingly, with respect to paragraphs (2) and
(3) of Article 10, the following statement is recommended:
"The United States considers the rights enumerated in paragraphs
(2) and (3) of Article 10 as goals to be achieved progressively
rather than through immediate implementation."








Article 11 prohibits imprisonment solely on the basis of inability
to fulfill a contractual obligation.
Article 12 guarantees the rights of freedom of movement and resi-
dence, and of emigration, to all those lawfully within the territory of
a State Party. Article 13 permits aliens lawfully within the territory
of a State Party to be expelled only in pursuance of a decision reached
in accordance with law.
Article 14 establishes standards for the conduct of trials, including
the right to be presumed innocent. Paragraph (3) protects a defend-
ant's right to counsel, including court-appointed counsel, to a speedy
trial, to be informed of the charges against him, to subpoena and
examine witnesses, and not to testify against himself. Paragraph (4)
requires that juvenile courts "take account" of the age and possible
rehabilitation of juvenile defendants. Paragraph (5) protects the
right to appeal convictions. Paragraph (6) gives a right to compen-
sation for miscarriage of justice under certain circumstances; this
right is protected by the United States Code, Title 28, 1495 and 2513.
Paragraph (7) forbids re-trial for the same offence, following final
conviction or acquittal for that offence.
It is possible to read all the requirements contained in Article 14
as consistent with United States law, policy and practice. However,
the Senate may wish to record its understanding of certain provisions
of that Article as follows:
"The United States understands that subparagraphs (3) (b) and
(d) of Article 14 do not require the provision of court-appointed coun-
sel when the defendant is financially able to retain counsel or for petty
offenses for which imprisonment will not be imposed. The United
States further understands that paragraph (3) (e) does not forbid
requiring an indigent defendant to make a showing that the witness
is necessary for his attendance to be compelled by the court. The
United States considers that provisions of United States law cur-
rently in force constitute compliance with paragraph (6). The United
States understands that the prohibition on double jeopardy contained
in paragraph (7) is applicable only when the judgment of acquittal
has been rendered by a court of the same governmental unit, whether
the Federal Government or a constituent unit, which is seeking a new
trial for the same cause."
Article 16 guarantees the right to recognition as a person before the
law. Article 17 protects against interference with individual privacy.
Article 18 sets forth the right of freedom of thought, conscience and
religion.
Other key rights provided for in the Covenant are those of peace-
ful assembly (Article 21), freedom of association (Article 22), protec-
tion of the family, including the obligation of States Parties to take
appropriate steps to ensure equality of rights and responsibilities be-
tween spouses (Article 23), protection of children without regard to
their status at birth (Article 24), and participation in public's affairs,
including voting and accession to public service (Article 25). Para-
graph (b) of Article 25 provides that every citizen shall have the
right and opportunity: "To vote and to be elected at genuine periodic
elections which shall be by universal and equal suffrage and shall be
held by secret ballot, guaranteeing the free expression of the will of
the electors."
Article 26 provides that all persons are equal before the law and
entitled to its equal protection, and generally prohibits discrimination.
Article 27 provides that in States in which ethnic, religious or lin-
guistic minorities exist, persons belonging to such minorities are not
to be denied the right, in community with other members of their
group, to enjoy their own culture, to profess and practice their own
religion, or to use their own language.
Part IV of the Covenant contains the administrative and enforce-
ment provisions. A Human Rights Committee is established, and
rules for its constitution and functioning are provided. The States
Parties to the Covenant are required to submit reports to the United








Nations Secretary-General for transmission to and consideration by
the Committee, which may make findings and recommendations on
the basis of the reports.
Article 41 permits, but does not require, a State Party to declare
that it recognizes the competence of the Committee to receive and
consider communications "to the effect that a State Party claims
that another State Party is not fulfilling its obligations under the
Covenant." If the Committee is unable to resolve a matter submitted
to it pursuant to Article 41, a Conciliation Commission may be ap-
pointed, with the prior consent of the parties concerned. The good
offices of the Commission are to be made available to the parties, and
recommendations may be made by the Commission if a solution to the
dispute is not reached.
Should the Senate give its advice and consent to ratification of the
Covenant, it is contemplated that the United States will make a decla-
ration pursuant to Article 41. It is in the interest of the United States
to participate in and influence the State-to-State complaint procedure
established by the Covenant, not least because it is to be hoped that
the work of the Committee will contribute to the development of a
generally accepted international law of human rights. It should be
noted that declarations made pursuant to Article 41 may be with-
drawn at any time by notification to the Secretary-General.
Part V of the Covenant contains two substantive provisions, Arti-
cles 46 and 47. Article 46 states that the Covenant is not to be inter-
preted as impairing the provisions of the United Nations Charter and
of the constitutions of the specialized agencies which define the re-
spective responsibilities of the various United Nations organs and
of the agencies with respect to the matters dealt with in the Covenant.
Article 47 is identical to Article 25 of the Covenant on Economic,
Social and Cultural Rights. It provides that nothing in the Covenant
is to be interpreted as impairing the "inherent right of all peoples to
enjoy and utilize fully and freely their natural wealth and resources."
With respect to Article 47, the following declaration is recommended:
"The United States declares that the right referred to in Article 47
may be exercised only in accordance with international law."
Part VI of the Covenant (Articles 48 through 53) contains the final
clauses. Article 50, which is identical to Article 28 of the Covenant
on Economic, Social and Cultural Rights, explicitly requires that the
Covenant be applied to all parts of federal States without limitation or
exception. For the reasons set forth above regarding Article 28 of the
Covenant on Economic, Social and Cultural Rights, the following
reservation is recommended with respect to Article 50:
'The United States shall implement all the provisions of the Cove-
nant over whose subject matter the Federal Government exercises
legislative and judicial jurisdiction; with respect to the provisions
over whose subject matter constituent units exercise jurisdiction, the
Federal Government shall take appropriate measures, to the end that
the competent authorities of the constituent units may take appro-
priate measures for the fulfillment of this Covenant."
In addition, it is further recommended that a declaration indicate
the non-self-executing nature of Articles 1 through 27 of the Covenant.
For the same reasons as set forth above with regard to the Convention
on Racial Discrimination and the Covenant on Economic, Social and
Cultural Rights, the following declaration is recommended:
"The United States declares that the provisions of Articles 1
through 27 of the Covenant are not self-executing."
A related instrument of significance which is not being submitted
to the Senate at this time is the Optional Protocol to the International
Covenant on Civil and Political Rights. The Optional Protocol like
Article 14 of the Convention on Racial Discrimination, establishes a
procedure under which individuals who consider their rights under
the Covenant to have been violated may, after exhausting all available
domestic remedies, appeal in their individual capacity to the Human
Rights Committee established by Article 28 of the Covenant. Any








State that becomes a party to the Optional Protocol recognizes, by
becoming a party, the competence of the Committee to receive and con-
sider communications from individuals subject to the jurisdiction of
that State who claim to be victims of a violation by that 'State of any
of the rights set forth in the Covenant.
The Department of State believes that the three human rights
treaties submitted with this report are now and will continue to be of
cardinal importance in the progressive development of the interna-
tional law of human rights. United States adherence to these treaties
is in the national interest and in the interest of the world community.
It is our hope that the United States, after the fullest consideration by
the Senate, will become party to all three treaties.
Respectfully submitted.
WARREN CHRISTOPHER.




DEPARTMENT OF STATE,
Washington, December 17,1977.
The PRESIDENT,
The White House.
THE PRESIDENT: I have the honor to submit to you, with a view to
its transmission to the Senate for advice and consent to ratification
subject to specified reservations, understandings and declarations, the
American Convention on Human Rights, signed by you and by Am-
bassador Gale McGee on June 1, 1977. The Convention was negotiated
at San Jose, Costa Rica in 1969 by the members of the Organization
of American States with the active participation of the United States.
It has been ratified or adhered to by Colombia, Costa Rica, Haiti, Hon-
duras, and Venezuela. Entry into force of the Convention requires
eleven ratifications or adherences by member States of the Organiza-
tion of American States.
Along with the United Nations Covenants on Human Rights and
the United Nations Convention on the Elimination of All Forms of
Racial Discrimination, the American Convention on Human Rights
constitutes a significant contribution to the developing international
law of human rights. The American Convention, like the United Na-
tions treaties, gives legally binding expression to human rights that
are, for the most part, accepted in United States law and practice. The
Convention provides for extensive protection of personal liberty, pre-
serves the right to a fair trial, to freedom of assembly, and to partici-
pation in government, and protects many other rights of great signifi-
cance to Americans. In addition, the Convention includes provisions
which recognize certain rights that are not protected by the United Na-
tions human rights treaties. Among the most important of these are
the provision protecting the right to privacy (Article 11), and the pro-
vision concerning territorial application (Article 28), which takes
account of the federal structure of many countries in the Western
Hemisphere, including the United States.
The large number of States concerned and the disparity of views on
certain questions made it impossible to negotiate a convention that was
in every respect consonant with United States law. The small number
of provisions not in accord with United States law require reservations
which, along with a number of interpretive understandings and dec-
larations, will permit United States ratification of the Convention
should the Senate give its approval. The Department of Justice is of
the view that, with the reservations, understandings and declarations
recommended below, there are no constitutional or other legal objec-
tions to United States ratification of the Convention.
The following is a summary of the provisions of the Convention,
with the reservations, understandings and declarations to them recom-
mended to the Senate by the Department of State.
The Convention begins with a general provision on nondiscrimina-








tion (Article 1), and follows with an obligation to adopt legislative or
other measures as may be necessary to give effect to the rights and
freedoms protected by the Convention (Article 2). While the latter
provision thus indicates that the substantive provisions of the Conven-
tion are not self-executing, in order to avoid possible discrepancies in
wording and to leave the implementation of all substantive provisions
to the domestic legislative and judicial process, the following declara-
tion is recommended:
"The United States declares that the provisions of Articles 1
through 32 of this Convention are not self-executing."
This declaration will ensure that no substantive provisions of the
Convention will operate as domestic law except insofar as they may
be reflected in existing law or future legislation.
Articles 3 through 25 of the Convention set forth the fundamental
civil and political rights protected by the Convention. Article 3, on
juridical personality, states that every person has the right to recog-
nition as a person before the law. Article 4 deals with the right to life
generally, and includes provisions on capital punishment. Many of the
provisions of Article 4 are not in accord with United States law and
policy, or deal with matters in which the law is unsettled. The Senate
may wish to enter a reservation as follows:
"United States adherence to Article 4 is subject to the Constitution
and other law of the United States."
Article 5, on the right to humane treatment, bans cruel, inhuman or
degrading punishment, and requires that persons deprived of their
liberty be treated with respect for the dignity of the human person.
Paragraph (4) of Article 5 provides that accused persons, except in
unusual circumstances, are to be segregated from convicted persons.
Paragraph (5) requires that minors subject to criminal proceedings
are to be separated from adults and brought before specialized tribu-
nals as speedily as possible. Paragraph (6) stipulates that punishment
consisting of deprivation of liberty shall have as an essential aim the
reform and social readaptation of prisoners.
Paragraphs (4) and (6) of Article 5 set forth standards of treat-
ment for prisoners not yet met in United States practice. With respect
to paragraph (5), the law reserves the right to try minors as adults
in certain cases and there is no present intent to revise these laws. The
following statement is recommended:
"The United States considers the provisions of paragraphs (4) and
(6) of Article 5 as goals to be achieved progressively rather than
through immediate implementation, and, with respect to paragraph
(5), reserves the right in appropriate cases to subject minors to proce-
dures and penalties applicable to adults."
Article 6, on freedom from slavery, prohibits all forms of involun-
tary servitude and compulsory labor. Paragraphs (2) and (3) ex-
pressly exempt from this prohibition forced labor in connection with a
deprivation of liberty as punishment for certain crimes. Compulsory
labor is also defined to exclude military service and service exacted in
time of danger or calamity "that threatens the existence or well-being
of the community."
Article 7, on the right to personal liberty, bars arbitrary arrest or
imprisonment. Any person detained is to be informed of the reasons for
his detention and promptly notified of any charges against him. Trial
must be within "a reasonable time", with recourse to a competent court
to decide on the lawfulness of the arrest or detention. Paragraph (7)
provides that no one is to be detained for debt. This principle, however,
is not to "limit the orders of a competent judicial authority issued for
nonfulfillment of duties of support." The Senate may wish to record its
understanding that the second sentence of paragraph (7) of Article 7
applies to orders of any competent judicial authority, whether or not
issued for fulfillment of duties of support.
Article 8 sets forth the several procedural and other requirements
necessary for a fair trial, including an independent and impartial
tribunal, a presumption of innocence, language assistance if necessary,








prior notification in detail of charges, adequate time and means for the
preparation of a defense, the right to counsel of the defendant's own
choosing, the right to counsel provided by the State, the right to exam-
ine witnesses in court and to obtain their appearance, the right not to
be compelled to be a witness against oneself, and the right of appeal.
Confessions of guilt are valid only if made without coercion of any
kind. A statement of understanding is recommended as follows:
"The United States understands that subparagraph (2) (e) of
Article 8 does not require the provision of court-appointed counsel for
petty offenses for which imprisonment will not be imposed or when the
defendant is financially able to retain counsel; it further understands
that subparagraph (2) (f) does not forbid requiring an indigent
defendant to make a showing that the witness is necessary in order for
his attendance to be compelled by the court. The United States under-
stands that the prohibition on double jeopardy contained in paragraph
(4) is applicable only when the judgment of acquittal has been ren-
dered by a court of the same governmental unit, whether the Federal
Government or a constituent unit, which is seeking a new trial for the
same cause."
Article 9 prohibits ex post facto criminal laws, and requires as well
that the benefit of any statutory reductions in the p'ilalty for crimes be
applied retroactively. The latter provision, which goes beyond existing
United States law, necessitates a reservation as follows:
"The United States does not adhere to the third sentence of
Article 9."
Article 10 provides for the right to compensation in the event of a
sentence imposed through "a miscarriage of justice." United States
law provides only a limited right to recovery, available to innocent
persons who have been unjustly convicted nnd imprisoned, and not
to those whose improper conviction was due to procedural errors alone.
The Senate may wish to record its understanding that the United
States Code, Title 28, 1495 and 2513, meets the requirements of
Article 10.
Article 11 protects the right to privacy. Article 12 provides for
freedom of conscience and religion, subject to legal limitations "neces-
sary to protect public safety, health, or morals, or the rights or free-
doms of others."
Article 13 protects freedom of thought and expression, including
the right to seek, receive, and impart information and ideas of all
kinds, regardless of frontiers. Paragraph (2) of Article 13 states that
these rights "shall not be subject to prior censorship" but shall be
subject to subsequent imposition of liability in order to ensure respect
for the rights or reputations of others, or the protection of national
security, public order, health or morals.
Paragraph (3) of Article 13 provides that the right of expression
may not be restricted by indirect methods, such as the abuse of govern-
ment or private controls over information media. Under paragraph
(4), public entertainment may be subject by law to prior censorship
"for the moral protection of childhood and adolescence."
Paragraph (5) of Article 13 stipulates that "any propaganda for
war and any advocacy of national, racial, or religious hatred that
constitute incitements to lawless violence or to any other similar illegal
action against any person or group of persons on any grounds includ-
ing those of race, color, religion, language, or national origin shall be
considered as offenses punishable by law."
Both paragraph (2) and paragraph (5) of Article 13 raise questions
under the First Amendment and of consistency with United States
law. The following reservation is recommended:
"The United States reserves the right to permit prior restraints in
strictly defined circumstances where the right to judicial review is
immediately available; the United States does not adhere to paragraph
(5) of Article 13."
Article 14, on the right of reply, provides:
1. Anyone injured by inaccurate or offensive statements or ideas








disseminated to the public in general by a legally regulated me-
dium of communication has the right to reply or make a correction
using the same communications outlet, under such conditions as
the law may establish.
2. The correction or reply shall not in any case remit other legal
liabilities that may have been incurred.
3. For the effective protection of honor and reputation, every
publisher, and every newspaper, motion picture, radio, and tele-
vision company, shall have a person responsible, who is not pro-
tected by immunities or special privileges.
Under United States law the "fairness doctrine," applicable to
rado and television, is narrower than the right provided by para-
graph (1) of Article 14. Further, paragraph (3) does not reflect the
sovereign immunity granted government publishers under United
States law. The following reservation and understanding are
recommended:
"The United States does not adhere to paragraph (1) of Article 14,
and understands that paragraph (3) of that Article applies only to
non-governmental entities."
Article 15 guarantees the right of assembly and Article 16 the right
of freedom of association. Both rights may be limited by established
law "in the interest of national security, public safety or public order,
or to protect public health or morals or the rights and freedoms of
others."
Article 17, on the rights of the family, requires that the family unit
be protected by society and the State. No marriage is to be entered
into without the free and full consent of the intending spouses. Para-
graphs (4) and (5) forbid discrimination against illegitimate chil-
dren and obligate States to take steps to eliminate discrimination be-
tween spouses during marriage and in the event of its dissolution,
Both paragraphs state goals towards which United States law is mov-
ing, but neither goal has been fully achieved. The following statement
is recommended:
"The United States considers the provisions of paragraphs (4) and
(5) of Article 17 as goals to be achieved progressively rather than
through immediate implementation."
Articles 18 and 19 protect the right to a name and the rights of the
child in general terms. Article 20 protects the right to nationality.
Article 21 stipulates that everyone has the right to the use and enjoy-
ment of his property but that the law may subordinate such use and
enjoyment to the interest of society. However, paragraph (2) of Ar-
ticle 21 provides that "no one shall be deprived of his property except
upon payment of just compensation for reasons of pubhe utility or
social interest and in the cases and according to the forms established
by law."
Article 22 of the Convention provides for freedom of movement
and residence. It stipulates that every person lawfully in the territory
of a State Party has the right to move about within that territory,
and to reside in it or to depart it, with limitation only pursuant to law
and for the purposes of preventing crime or protecting national se-
curity, public safety, order, morals, health, or the rights or freedoms
of others. An alien lawfully in the territory of a State Party may be
expelled only pursuant to a decision reached in accordance with law.
The collective expulsion of aliens is prohibited. Paragraph (7) grants
a right of territorial asylum in accordance with law and international
conventions.
Paragraph (8) of Article 22 states that in no case may an alien be
deported or returned to a country in which his life or freedom would
be endangered because of his race, nationality, religion, social status or
political opinions. United States law and the Protocol Relating to the
Status of Refugees, to which the United States is party, permit immi-
gration officers, in their discretion, to deport persons even to countries
in which their lives or freedom are so threatened if such persons have
committed a serious crime or are considered a danger to the security of








this country. The following statement is recommended:
"The United States considers that its adherence to the Protocol Re-
lating to the Status of Refugees constitutes compliance with the ob-
ligation set forth in paragraph (8) of Article 22."
Article 23 protects the right to participate in government, includ-
ing voting in "genuine periodic elections" by universal and equal
suffrage, and access to the public service of the country. Article 24 is a
general clause providing for the right to equal protection of the law,
Article 25 secures the right to judicial protection.
Article 26 is the only provision in the American Convention de-
voted to economic, social, and cultural rights. It requires States Parties
to adopt measures, particularly those of an economic and technical
nature, "with a view to achieving progressively, by legislation or other
appropriate means, the full realization of the rights implicit in the
economic, social, educational, scientific, and cultural standards set
forth in the Charter of the Organization of American States as
amended by the Protocol of Buenos Aires."
Article 27 permits a suspension of the guarantees provided in the
Convention during time of war, public danger or other emergencies
that threaten the independence or security of a State Party. The
derogation must not involve discrimination on the ground of race,
color, sex, language, religion, or social origin. In addition, no suspen-
sion is permitted with respect to Articles 3 through 6, 9, 12, 17 through
20, and 23, or to the judicial guarantees essential for the protection
of such rights.
Article 28 is the federal State clause, which takes account of and
is in the interest of federal systems such as the United States. It pro-
vides that the national government is to implement those provisions
of the Convention over whose subject matter it exercises legislative
and judicial jurisdiction. Where the several states have jurisdiction,
the national government is to take "suitable measures" in accordance
with its constitution and laws, to the end that the state authorities
"may adopt appropriate provisions" for the fulfillment of the terms of
the Convention.
The second half of the American Convention, including Articles 33
through 82, establishes machinery for monitoring compliance. The
Inter-American Commission on Iuman Rights is empowered to re-
ceive complaints from individuals or groups or, upon appropriate
declaration, from States regarding violations of the rights protected
by the Convention.
Petitions or communications are not admissible unless domestic law
remedies have been exhausted. The Commission's powers are limited
to requesting information from the State whose compliance with the
Convention is in question, requesting assistance for the carrying out
of any necessary investigation, and making recommendations and
releasing to the public reports on unresolved cases.
Should the Senate give its advice and consent to ratification of the
Convention, it is contemplated that the United States will make a
declaration pursuant to Article 45, which permits, but does not 're-
quire, a declaration recognizing the competence of the Commission
"to receive and examine communications in which a State Party
alleges that another State Party has committed a violation of a
human right set forth in this Convention." As with the United
Nations Covenant on Civil and Political Rights, it is in the interest
of the United States to participate in and influence the State-to-State
complaint procedure.
The enforcement machinery of the Convention includes as well an
Inter-American Court of Human Rights which gains jurisdiction
over cases by the voluntary declaration of States. Cases may also be
submitted by special agreement between the parties to a dispute. Ac-
ceptance by the United States of the Court's jurisdiction, whether
by means of a voluntary declaration or by a special agreement, would
of course require separate Senate advice and consent. The Court,









which votes by majority, has power to require that the injured party
be ensured the enjoyment of the freedom violated, and, if appropriate,
it may require the payment of compensation. It may issue temporary
or permanent injunctions in all cases concerning the interpretation
and application of the provisions of the Convention. States Parties to
the Convention undertake to obey judgments of the Court in cases to
which they are parties.
The American Convention on Human Rights is a significant ad-
vance in the development of the international law of human rights
and in the development of human rights law among the American
States. United States ratification of the Convention is likely to spur
interest in this important document among other American States.
United States adherence is in the national interest and in that of
the world community. It is our hope that the Senate, after full con-
sideration, will give prompt approval to the Convention, and that the
United States will become a party to it.
Respectfully submitted.
WARREN CHRISTOPHER.




















DEPARTMENT OF STATE PUBLICATION 8961

General Foreign Policy Series 310

Released November 1978

Office of Public Communication
Bureau of Public Affairs


*U.S. GOVERNMENT PRINTING OFFICE :1978 0-281-552 (93)


For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402
Stock No. 044-000-01713-0











DEPARTMENT OF STATE, U.S.A.
WASHINGTON, D.C. 20520


POSTAGE AND FEES PAID
DEPARTMENT OF STATE
STA-501


Third Class




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs