Section 53p. 53

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Considering the obligation of States under the Charter of

the United Nations to promote universal respect for, and

observance of, human rights and freedoms,

Realizing that the individual, having duties to other

individuals and to the community to which he belongs, is

under a responsibility to strive for the promotion and

observance

of

the

rights recognized in the present

Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By

virtue of that right they freely determine their political

status and freely pursue their economic, social and

cultural development.

2. All peoples may, for their own ends, freely dispose of

their natural wealth and resources without prejudice to

any obligations arising out of international economic

co-operation, based upon the principle of mutual benefit,

and international law. In no case may a people be

deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including

those

having responsibility for the administration of

Non-Self-Governing and Trust Territories, shall promote

the realization of the right of self-determination, and shall

respect that right, in conformity with the provisions of the

Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to

respect and to ensure to all individuals within its territory

and subject to its jurisdiction the rights recognized in the

present Covenant, without distinction of any kind, such as

race, colour, sex, language, religion, political or other

opinion, national or social origin, property, birth or other

status.

2. Where not already provided for by existing legislative or

other measures, each State Party to the present Covenant

undertakes to take the necessary steps, in accordance

with its constitutional processes and with the provisions

of the present Covenant, to adopt such laws or other

measures as may be necessary to give effect to the rights

recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as

herein recognized are violated shall have an effective

remedy, notwithstanding that the violation has been

committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy

shall have his right thereto determined by competent

judicial, administrative or legislative authorities, or by any

other competent authority provided for by the legal

system of the State, and to develop the possibilities of

judicial remedy;

(c) To ensure that the competent authorities shall enforce

such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to

ensure the equal right of men and women to the

enjoyment of all civil and political rights set forth in the

present Covenant.

Article 4

1 . In time of public emergency which threatens the life of

the

nation

and

the

existence

of

which

is

officially

proclaimed, the States Parties to the present Covenant

may take measures derogating from their obligations

under the present Covenant to the extent strictly required

by the exigencies of the situation, provided that such

measures

are

not

inconsistent

with

their

other

obligations under international law and do not involve

discrimination solely on the ground of race, colour, sex,

language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2),

11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself

of the right of derogation shall immediately inform the

other States Parties to the present Covenant, through the

intermediary

of

the Secretary-General of the United

Nations, of the provisions from which it has derogated

and of the reasons by which it was actuated. A further

communication

shall

be

made,

through

the

same

intermediary, on the date on which it terminates such

derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as

implying for any State, group or person any right to

engage in any activity or perform any act aimed at the

destruction of any of the rights and freedoms recognized

herein or at their limitation to a greater extent than is

provided for in the present Covenant.

2. There shall be no restriction upon or derogation from

any of the fundamental human rights recognized or

existing in any State Party to the present Covenant

pursuant to law, conventions, regulations or custom on

the pretext that the present Covenant does not recognize

such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This

right shall be protected by law. No one shall be arbitrarily

deprived of his life.

2. In countries which have not abolished the death

penalty, sentence of death may be imposed only for the

most serious crimes in accordance with the law in force at

the time of the commission of the crime and not contrary

to the provisions of the present Covenant and to the

Convention on the Prevention and Punishment of the

Crime of Genocide. This penalty can only be carried out

pursuant to a final judgement rendered by a competent

court.

3. When deprivation of life constitutes the crime of

genocide, it is understood that nothing in this article shall

authorize any State Party to the present Covenant to

derogate in any way from any obligation assumed under

the provisions of the Convention on the Prevention and

Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek

pardon

or

commutation

of

the

sentence.

Amnesty,

pardon or commutation of the sentence of death may be

granted in all cases.

5. Sentence of death shall not be imposed for crimes

committed by persons below eighteen years of age and

shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to

prevent the abolition of capital punishment by any State

Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman

or degrading treatment or punishment. In particular, no

one shall be subjected without his free consent to

medical or scientific experimentation.

Article 8

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