Section 60p. 60

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

State in conformity with the present Covenant, the State

may subject such rights only to such limitations as are

determined

by

law

only

in

so

far

as this may be

compatible with the nature of these rights and solely for

the purpose of promoting the general welfare in a

democratic society.

Article 5

1. Nothing in the present Covenant may be interpreted as

implying for any State, group or person any right to

engage in any activity or to perform any act aimed at the

destruction of any of the rights or freedoms recognized

herein, or at their limitation to a greater extent than is

provided for in the present Covenant.

2. No restriction upon or derogation from any of the

fundamental human rights recognized or existing in any

country in virtue of law, conventions, regulations or

custom shall be admitted on the pretext that the present

Covenant does not recognize such rights or that it

recognizes them to a lesser extent.

PART III

Article 6

1. The States Parties to the present Covenant recognize

the right to work, which includes the right of everyone to

the opportunity to gain his living by work which he freely

chooses or accepts, and will take appropriate steps to

safeguard this right.

2. The steps to be taken by a State Party to the present

Covenant to achieve the full realization of this right shall

include technical and vocational guidance and training

programmes, policies and techniques to achieve steady

economic, social and cultural development and full and

productive employment under conditions safeguarding

fundamental political and economic freedoms to the

individual.

Article 7

The States Parties to the present Covenant recognize the

right of everyone to the enjoyment of just and favourable

conditions of work which ensure, in particular:

(a)

Remuneration

which

provides

all

workers,

as

a

minimum, with:

(i) Fair wages and equal remuneration for work of equal

value without distinction of any kind, in particular women

being guaranteed conditions of work not inferior to those

enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in

accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his

employment to an appropriate higher level, subject to no

considerations

other

than

those

of

seniority

and

competence;

(d ) Rest, leisure and reasonable limitation of working

hours

and

periodic

holidays

with

pay,

as

well

as

remuneration for public holidays

Article 8

1. The States Parties to the present Covenant undertake to

ensure:

(a) The right of everyone to form trade unions and join the

trade union of his choice, subject only to the rules of the

organization

concerned,

for

the

promotion

and

protection

of

his

economic

and social interests. No

restrictions may be placed on the exercise of this right

other

than

those prescribed by law and which are

necessary in a democratic society in the interests of

national security or public order or for the protection of

the rights and freedoms of others;

(b)

The

right

of

trade

unions

to

establish national

federations or confederations and the right of the latter to

form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to

no limitations other than those prescribed by law and

which are necessary in a democratic society in the

interests of national security or public order or for the

protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in

conformity with the laws of the particular country.

2. This article shall not prevent the imposition of lawful

restrictions on the exercise of these rights by members of

the armed forces or of the police or of the administration

of the State.

3. Nothing in this article shall authorize States Parties to

the International Labour Organisation Convention of 1948

concerning Freedom of Association and Protection of the

Right to Organize to take legislative measures which

would prejudice, or apply the law in such a manner as

would prejudice, the guarantees provided for in that

Convention.

Article 9

The States Parties to the present Covenant recognize the

right

of

everyone to social security, including social

insurance.

Article 10

The States Parties to the present Covenant recognize

that:

1. The widest possible protection and assistance should be

accorded

to

the

family,

which

is

the

natural

and

fundamental group unit of society, particularly for its

establishment and while it is responsible for the care and

education of dependent children. Marriage must be

entered into with the free consent of the intending

spouses.

2. Special protection should be accorded to mothers

during a reasonable period before and after childbirth.

During such period working mothers should be accorded

paid leave or leave with adequate social security benefits.

3. Special measures of protection and assistance should

be taken on behalf of all children and young persons

without any discrimination for reasons of parentage or

other conditions. Children and young persons should be

protected from economic and social exploitation. Their

employment in work harmful to their morals or health or

dangerous

to

life

or

likely

to hamper their normal

development should be punishable by law. States should

also set age limits below which the paid employment of

child labour should be prohibited and punishable by law.

Article 11

1. The States Parties to the present Covenant recognize

the right of everyone to an adequate standard of living for

himself and his family, including adequate food, clothing

and housing, and to the continuous improvement of

living conditions. The States Parties will take appropriate

steps to ensure the realization of this right, recognizing to

this

effect

the

essential

importance of international

co-operation based on free consent.

2. The States Parties to the present Covenant, recognizing

the fundamental right of everyone to be free from

hunger, shall take, individually and through international

co-operation,

the

measures,

including

specific

programmes, which are needed:

(a) To improve methods of production, conservation and

distribution of food by making full use of technical and

scientific knowledge, by disseminating knowledge of the

principles of nutrition and by developing or reforming

agrarian systems in such a way as to achieve the most

efficient development and utilization of natural resources;

(b)

Taking

into

account

the

problems

of

both

food-importing and food-exporting countries, to ensure

© Compiled by RGL

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