DATA ANALYSIS

DATA ANALYSIS

When the domain from which data are harvested is a science or engineering field, the terms data processing and information systems are considered too broad, and the more specialized term data analysis is typically used. Data analysis, arguably a special kind of data processing, focusses on highly-specialized and highly-accurate algorithmic derivations and statistical calculations that are less often observed in the typical general business environment.

A divergence of culture between data processing in general and data analysis is exhibited in the numerical representations generally used; In data processing, measurements are typically stored as integers,  fixed –point or binary-coded decimal representations of numbers, whereas the majority of measurements in data analysis are stored as floating-point representations of rational numbers.

For data analysis, packages like DAP, gretl or PSPP are often used.

Data Processing

Basically, data are nothing but facts (organized or unorganized) which can be converted into other forms to make it useful, clear and practically used. This process of converting facts to information is Processing. Practically all naturally occurring processes can be viewed as examples of data processing systems where "observable" information in the form of pressure, light, etc. are converted by human observers into electrical signals in the nervous system as the senses we recognize as touch, sound, and vision. Even the interaction of non-living systems may be viewed in this way as rudimentary information processing systems. Conventional usage of the terms data processing and information systems restricts their use to refer to the algorithmic derivations, logical deductions, and statistical calculations that recur perennially in general business environments, rather than in the more expansive sense of all conversions of real-world measurements into real-world information in, say, an organic biological system or even a scientific or engineering system.

Editing

Data have to be edited, especially when they relate to responses to open-ended questions of interviews and questionnaires, or unstructured observations. In other words, information that may have been noted down by the interviewer, observer, or researcher in a hurry must be clearly deciphered so that it may be coded systematically in its entirety. Lack of clarity at this stage will result later in confusion. The edited data should be identifiable through the use of a different color pencil or ink so that original information is still available in case of further doubts.

Incoming mailed questionnaire data have to be checked for incompleteness and inconsistencies, if any, by designated members of research staff. Inconsistencies that can be logically corrected should be rectified and edited at this stage.Much of the editing is automatically taken care of in the case of computer-assisted telephone interviews and electronically administered questionnaires, even as the respondent is answering the question.

Handling Blank Responses

Not all respondents answer every item in the questionnaire. Answers may have been left blank because the respondent did not understand the question, did not know the answer, was not willing to answer, or was simply indifferent to the need to respond the entire questionnaire. If a substantial number of questions – say 25% of the items in the questionnaire – have been left unanswered, it may be a good idea to throw out the questionnaire and not include it in the data set for analysis. In this event, it is important to mention the number of returned but unused responses due to excessive missing data in the final report submitted to the sponsor of the study. If, however, only two or three items are left blank in a questionnaire with, say, 30 or more items, we need to decide how these blank responses are to be handled.One way to handle a blank response to an interval-scaled item with a midpoint would be assign the midpoint in the scale as the response to the particular item. An alternative way is to allow the computer to ignore the blank responses when the analyses are done. There are several ways to handling blank responses; a common approach, however, is either to give the midpoint in the scale as the value or to ignore the particular item during the analysis.

Coding

The next step is to code the responses. Scanner sheets can be used for collecting questionnaire data; such sheets facilitate the entry of the responses directly into the computer without manual keying in of the data. However, if for whatever reason this cannot be done, then it is perhaps better to use a coding sheet first to transcribe the data from the questionnaire and then key in the data. This method, in contrast to flipping through each questionnaire for each item, avoids confusions, especially when there are many questions and a large number of questionnaires as well.

It is possible to key in the data directly from the questionnaires, but that would need flipping through several questionnaires, page by page, resulting in possible errors and omissions of items. Transfer of the data first onto a code sheet would thus help.

Human errors can occur while coding. At least 10% of the coded questionnaires should therefore be checked for coding accuracy.

Their selection may follow a systematic sampling procedure. That is, every nth form coded could be verified for accuracy. If many errors are found in the sample, all items may have to be checked.

Categorizing

At this point it is useful to set up a scheme for categorizing the variables such that the several items measuring a concept are all grouped together.

Responses to some of the negatively worded questions have also to be reversed so that all answers are in the same direction.

If the questions measuring a concept are not contiguous but scattered over various parts of the questionnaire, care has to be taken to include all the items without any omission or wrong inclusion.

Entering Data

If questionnaire data are not collected on scanner answer sheets, which can be directly entered into the computer as a data file, the raw data will have to be manually keyed into the computer. Raw data can be entered through and software program. For instance, the SPSS Data Editor, which looks like a spread-editor represents a case, and each column represents a variable. All missing values will appear with a period (dot) in the cell. It is possible to add, change, or delete values after the data have been entered.

It is also easy to compute the new variables that have been categorized earlier, using the Compute dialog box, which opens when the Transform icon is chosen. Once the missing values, the recodes, and the computing of new variables are taken care of, the data are ready for analysis.

Interpretation of Data Analyzed

After the data has been completely analyzed, its results have to be properly interpreted. That interpretation of results is the most meaningful to the organization.

Classification and Tabulation of Data in Research

Classification is the way of arranging the data in different classes in order to give a definite form and a coherent structure to the data collected, facilitating their use in the most systematic and effective manner.

 It is the process of grouping the statistical data under various understandable homogeneous groups for the purpose of convenient interpretation. A uniformity of attributes is the basis criterion for classification;

 and the grouping of data is made according to similarity. Classification becomes necessary when there is diversity in the data collected for meaningful presentation and analysis. However, in respect of homogeneous presentation of data, classification may be unnecessary.

Objectives of classification of data:

• To group heterogeneous data under the homogeneous group of common characteristics;
• To facility similarity of various group;
• To facilitate effective comparison;
• To present complex, haphazard and scattered dates in a concise, logical, homogeneous, and intelligible form;
• To maintain clarity and simplicity of complex data;
• To identify independent and dependent variables and establish their relationship;
• To establish a cohesive nature for the diverse data for effective and logical analysis;
• To make logical and effective quantification

A good classification should have the characteristics of clarity, homogeneity, and equality of scale, purposefulness, accuracy, stability, flexibility, and unambiguity.

Classification is of two types, viz., quantitative classification, which is on the basis of variables or quantity; and qualitative classification (classification according to attributes). The former is the way of grouping the variables, say quantifying the variables in cohesive groups, while the latter group the data on the basis of attributes or qualities. Again, it may be multiple classification or dichotomous classification. The former is the way of making many (more than two) groups on the basis of some quality or attributes, while the latter is the classification into two groups on the basis of the presence or absence of a certain quality. Grouping the workers of a factory under various income (class intervals) groups comes under multiple classifications; and making two groups into skilled workers and unskilled workers is dichotomous classification. The tabular form of such classification is known as statistical series, which may be inclusive or exclusive. The classified data may be arranged in tabular forms (tables) in columns and rows. Tabulation is the simplest way of arranging the data, so that anybody can understand it in the easiest way. It is the most systematic way of presenting numerical data in an easily understandable form. It facilitates a clear and simple presentation of the data, a clear expression of the implication, and an easier and more convenient comparison. There can be simple or complex tables, and general purpose or summary tables. Classification and tabulation are interdependent events in a research.

FREQUENCY DISTRIBUTIONS

INTRODUCTION

The next step after the completion of data collection is to organize the data into a meaningful form so that a trend, if any, emerging out of the data can be seen easily. One of the common methods for organizing data is to construct frequency distribution. Frequency distribution is an organized tabulation/graphical representation of the number of individuals in each category on the scale of measurement.[1] It allows the researcher to have a glance at the entire data conveniently.

It shows whether the observations are high or low and also whether they are concentrated in one area or spread out across the entire scale.

Thus, frequency distribution presents a picture of how the individual observations are distributed in the measurement scale.

DISPLAYING FREQUENCY DISTRIBUTIONS

Frequency tables

A frequency (distribution) table shows the different measurement categories and the number of observations in each category.

Before constructing a frequency table, one should have an idea about the range (minimum and maximum values). The range is divided into arbitrary intervals called “class interval.”

 If the class intervals are too many, then there will be no reduction in the bulkiness of data and minor deviations also become noticeable.

On the other hand, if they are very few, then the shape of the distribution itself cannot be determined. Generally, 6–14 intervals are adequate.

The width of the class can be determined by dividing the range of observations by the number of classes. The following are some guidelines regarding class widths:[1]

• It is advisable to have equal class widths. Unequal class widths should be used only when large gaps exist in data.
• The class intervals should be mutually exclusive and nonoverlapping.
• Open-ended classes at the lower and upper side (e.g., <10, >100) should be avoided.

The frequency distribution table of the resting pulse rate in healthy individuals is given in Table 1. It also gives the cumulative and relative frequency that helps to interpret the data more easily.

Table 1

Frequency distribution of the resting pulse rate in healthy volunteers (N = 63)

Frequency distribution graphs

A frequency distribution graph is a diagrammatic illustration of the information in the frequency table.

Histogram

A histogram is a graphical representation of the variable of interest in the X axis and the number of observations (frequency) in the Y axis. Percentages can be used if the objective is to compare two histograms having different number of subjects. A histogram is used to depict the frequency when data are measured on an interval or a ratio scale. Figure 1 depicts a histogram constructed for the data given in Table 1.

Histogram of the resting pulse rate in healthy volunteers (N = 63)

A bar diagram and a histogram may look the same but there are three important differences between them:

In a histogram, there is no gap between the bars as the variable is continuous. A bar diagram will have space between the bars.

All the bars need not be of equal width in a histogram (depends on the class interval), whereas they are equal in a bar diagram.

The area of each bar corresponds to the frequency in a histogram whereas in a bar diagram, it is the height [Figure 1].

Frequency polygon

A frequency polygon is constructed by connecting all midpoints of the top of the bars in a histogram by a straight line without displaying the bars. A frequency polygon aids in the easy comparison of two frequency distributions. When the total frequency is large and the class intervals are narrow, the frequency polygon becomes a smooth curve known as the frequency curve. A frequency polygon illustrating the data in Table 1 is shown in Figure 2.

Frequency polygon of the resting pulse rate in healthy volunteers (N = 63)

Box and whisker plot

This graph, first described by Tukey in 1977, can also be used to illustrate the distribution of data. There is a vertical or horizontal rectangle (box), the ends of which correspond to the upper and lower quartiles (75^th and 25^th percentile, respectively). Hence the middle 50% of observations are represented by the box.

The length of the box indicates the variability of the data. The line inside the box denotes the median (sometimes marked as a plus sign). The position of the median indicates whether the data are skewed or not.

If the median is closer to the upper quartile, then they are negatively skewed and if it is near the lower quartile, then positively skewed.

The lines outside the box on either side are known as whiskers [Figure 3]. These whiskers are 1.5 times the length of the box, i.e., the interquartile range (IQR). The end of whiskers is called the inner fence and any value outside it is an outlier. If the distribution is symmetrical, then the whiskers are of equal length.

 If the data are sparse on one side, the corresponding side whisker will be short. The outer fence (usually not marked) is at a distance of three times the IQR on either side of the box.

 The reason behind having the inner and outer fence at 1.5 and 3 times the IQR, respectively, is the fact that 95% of observations fall within 1.5 times the IQR, and it is 99% for 3 times the IQR.

Figure 3

Schematic diagram of a “box and whisker plot”

CHARACTERISTICS OF FREQUENCY DISTRIBUTION

There are four important characteristics of frequency distribution.

 They are as follows:

• Measures of central tendency and location (mean, median, mode)
• Measures of dispersion (range, variance, standard deviation)
• The extent of symmetry/asymmetry (skewness)
• The flatness or peakedness (kurtosis).

Diagrammatic Presentation of Data

 Introduction

Although tabulation is very good technique to present the data, but diagrams are an advanced technique to represent data.

As a layman, one cannot understand the tabulated data easily but with only a single glance at the diagram, one gets complete picture of the data presented.

According to M.J. Moroney, "diagrams register a meaningful impression almost before we think.

Importance or utility of Diagrams

• Diagrams give a very clear picture of data. Even a layman can understand it very easily and in a short time.
• We can make comparison between different samples very easily. We don't have to use any statistical technique further to compare.
• This technique can be used universally at any place and at any time. This technique is used almost in all the subjects and other various fields.
• Diagrams have impressive value also. Tabulated data has not much impression as compared to Diagrams. A common man is impressed easily by good diagrams.
• This technique can be used for numerical type of statistical analysis, e.g. to locate Mean, Mode, Median or other statistical values.
• It does not save only time and energy but also is economical. Not much money is needed to prepare even good diagrams.
• These give us much more information as compared to tabulation. Technique of tabulation has its own limits.
• This data is easily remembered. Diagrams which we see leave their lasting impression much more than other data techniques.
• Data can be condensed with diagrams. A simple diagram can present what even cannot be presented by 10000 words.

General Guidelines for Diagrammatic presentation

• The diagram should be properly drawn at the outset. The pith and substance of the subject matter must be made clear under a broad heading which properly conveys the purpose of a diagram.
• The size of the scale should neither be too big nor too small. If it is too big, it may look ugly. If it is too small, it may not convey the meaning. In each diagram, the size of the paper must be taken note-of. It will help to determine the size of the diagram.
• For clarifying certain ambiguities some notes should be added at the foot of the diagram. This shall provide the visual insight of the diagram.
• Diagrams should be absolutely neat and clean. There should be no vagueness or overwriting on the diagram.
• Simplicity refers to love at first sight. It means that the diagram should convey the meaning clearly and easily.
• Scale must be presented along with the diagram.
• It must be Self-Explanatory. It must indicate nature, place and source of data presented.
• Different shades, colors can be used to make diagrams more easily understandable.
• Vertical diagram should be preferred to Horizontal diagrams.
• It must be accurate. Accuracy must not be done away with to make it attractive or impressive.

Limitations of Diagrammatic Presentation

• Diagrams do not present the small differences properly.
• These can easily be misused.
• Only artist can draw multi-dimensional diagrams.
• In statistical analysis, diagrams are of no use.
• Diagrams are just supplement to tabulation.
• Only a limited set of data can be presented in the form of diagram.
• Diagrammatic presentation of data is a more time consuming process.
• Diagrams present preliminary conclusions.
• Diagrammatic presentation of data shows only on estimate of the actual behavior of the variables.

Types of Diagrams

(a) Line Diagrams

In these diagrams only line is drawn to represent one variable. These lines may be vertical or horizontal. The lines are drawn such that their length is the proportion to value of the terms or items so that comparison may be done easily.

(b) Simple Bar Diagram

Like line diagrams these figures are also used where only single dimension i.e. length can present the data.

Procedure is almost the same, only one thickness of lines is measured. These can also be drawn either vertically or horizontally.

Breadth of these lines or bars should be equal. Similarly distance between these bars should be equal. The breadth and distance between them should be taken according to space available on the paper.

(c) Multiple Bar Diagrams

The diagram is used, when we have to make comparison between more than two variables. The number of variables may be 2, 3 or 4 or more. In case of 2 variables, pair of bars is drawn. Similarly, in case of 3 variables, we draw triple bars.

The bars are drawn on the same proportionate basis as in case of simple bars. The same shade is given to the same item. Distance between pairs is kept constant.

(d) Sub-divided Bar Diagram

The data which is presented by multiple bar diagram can be presented by this diagram. In this case we add different variables for a period and draw it on a single bar as shown in the following examples.

 The components must be kept in same order in each bar. This diagram is more efficient if number of components is less i.e. 3 to 5.

(e) Percentage Bar Diagram

Like sub-divide bar diagram, in this case also data of one particular period or variable is put on single bar, but in terms of percentages. Components are kept in the same order in each bar for easy comparison.

(f) Duo-directional Bar Diagram

In this case the diagram is on both the sides of base line i.e. to left and right or to above or below sides.

(g) Broken Bar Diagram

This diagram is used when value of some variable is very high or low as compared to others. In this case the bars with bigger terms or items may be shown broken.

Graphic Presentation of Data

 Introduction

A graph refers to the plotting of different valves of the variables on a graph paper which gives the movement or a change in the variable over a period of time.

Diagrams can present the data in an attractive style but still there is a method more reliable than this.

 Diagrams are often used for publicity purposes but are not of much use in statistical analysis. Hence graphic presentation is more effective and result oriented.

Diagrams can present the data in an attractive style but still there is a method more reliable than this.

 Diagrams are often used for publicity purposes but are not of much use in statistical analysis. Hence graphic presentation is more effective and meaningful.

According to A. L. Boddington, "The wandering of a line is more powerful in its effect on the mind than a tabulated statement;

 it shows what is happening and what is likely to take place, just as quickly as the eye is capable of working."

Advantages of Graphs

The presentation of statistics in the form of graphs facilitates many processes in economics. the main uses of graphs are as under:

• Attractive and Effective presentation of Data: The statistics can be presented in attractive and effective way by graphs. A fact that an ordinary man can not understand easily, could understand in a better way by graphs. Therefore, it is said that a picture is worth of a thousand words.
• Simple and Understandable Presentation of Data: Graphs help to present complex data in a simple and understandable way. Therefore, graphs help to remove the complex nature of statistics.
• Useful in Comparison: Graphs also help to compare the statistics. IF investment made in two different ventures is presented through graphs, then it becomes easy to understand the difference between the two.
• Useful for Interpretation: Graphs also help to interpret the conclusion. It saves time as well as labour.
• Remembrance for long period: Graphs help to remember the facts for a long time and they cannot be forgotten.
• Helpful in Predictions: Through graphs, tendencies that could occur in near future can be predicted in a better way.
• Universal utility: In modern era, graphs can be used in all spheres such as trade, economics, government departments, advertisement, etc.
• Information as well as Entertainment: Graphs help us in entertainment as well as for providing information. By graphs there occurs no hindrance in the deep analysis of every information.
• Helpful in Transmission of Information: Graphs help in the process of transmission as well as information of facts.
• No Need for training: When facts are presented through graphs there is no need for special training for these interpretations.

Rules for the construction of Graph

The following are the main rules to construct a graph:

• Every graph must have a suitable title which should clearly convey the main idea, the graph intends to portray.
• The graph must suit to the size of the paper.
• The scale of the graph should be in even numbers or in multiples.
• Footnotes should be given at the bottom to illustrate the main points about the graph.
• Graph should be as simple as possible.
• In order to show many items in a graph, index for identification should be given.
• A graph should be neat and clean. It should be appealing to the eyes.
• Every graph should be given with a table to ensure whether the data has been presented accurately or not.
• The test of a good graph depends on the case with which the observer can interpret it. Thus economy in cost and energy should be exercised in drawing the graph.
•  

Limitations

Following are the main drawbacks/ limitations of graphs.

Limited Application: Graphic representation is useful for a common man but for an expert, its utility is limited.

Lack of Accuracy: Graphs do not measure the magnitude of the data. They only depict the fluctuations in them.

Subjective: Graphs are subjective in character. Their interpretation varies from person to person.

Misleading Conclusions: The person who has no knowledge can draw misleading conclusions from graphs.

Simplicity: Graph should be as simple as possible.

Index: In order to show many items in a graph, index for identification should be given.

How to choose a scale for a graph?

The scale indicates the unit of a variable that a fixed length of axis would represent. Scale may be different for both the axes.

 It should be taken in such a way so as to accommodate whole of the data on a given graph paper in a lucid and attractive style.

Sometimes data to be presented does not have low values but with large terms. We have to use the graph so as it may present the given data for comparison even.

Define various types of graphs.

Types of Graphs

There are two types of graphs.

• Time series Graphs or Historigrams.
• Frequency Distribution Graphs.

Time series graphs may be of one variable, two variables or more variables graph. Frequency distribution graphs present (a) histograms (b) Frequency Polygons (c) Frequency Curves and (d) Ogives.

International human rights: Prescription and enforcement

International human rights: Prescription and enforcement

Developments before World War II

Ever since ancient times, but especially since the emergence of the modern state system, the Age of Discovery, and the accompanying spread of industrialization and European culture throughout the world, there has developed, for economic and other reasons, a unique set of customs and conventions regarding the humane treatment of foreigners. This evolving International Law of State Responsibility for Injuries to Aliens, as these customs and conventions came to be called, represents the beginning of active concern—however much they served the interests of colonial expansion—for human rights on the international plane. The founding fathers of  international law—particularly Francisco de Vitoria, Grotius, and Emmerich de Vattel—were quick to observe that all persons, outlander as well as other, were entitled to certain natural rights, and they emphasized, consequently, the importance of according aliens fair treatment.

With the exception of occasional treaties to secure the protection of Christian denominations, it was not until the start of the 19th century, however, that active international concern for the rights of nationals began to make itself felt. Then, in the century and a half before World War II, several noteworthy efforts to encourage respect for nationals by international means began to shape what today is called the International Law of Human Rights (which for historical but no theoretically convincing reasons was treated separately from the International Law of State Responsibility for Injuries to Aliens).

Throughout the 19th and early 20th centuries, numerous military operations and diplomatic representations, not all of them with the purest of motives but performed nonetheless in the name of “humanitarian intervention” (a customary international law doctrine), undertook to protect oppressed and persecuted minorities in the Ottoman Empire, Syria, Crete, various Balkan countries, Romania, and Russia. Paralleling these actions, first at the Congress of Vienna (1814–15) and later between the two World Wars, a series of treaties and international declarations sought the protection of certain racial, religious, and linguistic minorities in central and eastern Europe and the Middle East. During the same period, the movement to combat and suppress slavery and the slave trade found expression in treaties sooner or later involving the major commercial powers, beginning with the Treaty of Paris (1814) and culminating in the International Slavery Convention (1926).

In addition, beginning in the late 19th century and continuing well beyond World War II, the community of nations, inspired largely by persons associated with what is now the International Committee of the Red Cross, concluded a series of multilateral declarations and agreements designed to temper the conduct of hostilities, protect the victims of war, and otherwise elaborate the humanitarian law of war (now commonly referred to as International Humanitarian Law). At about the same time, first with two multilateral labour conventions concluded in 1906 and subsequently at the initiative of the International Labour Organisation (ILO; established in 1919), a reformist-minded international community embarked upon a variety of collaborative measures directed at the promotion of human rights. These measures addressed not only concerns traditionally associated with labour law and labour relations (e.g., industrial health and safety, hours of work, and annual paid holidays), but also—mainly after World War II—such core human rights concerns as forced labour, discrimination in employment and occupation, freedom of association for collective bargaining, and equal pay for equal work.

Finally, during the interwar period, the covenant establishing the League of Nations (1919)—though not formally recognizing “the rights of Man” and failing to lay down a principle of racial nondiscrimination as requested by Japan (owing mainly to the resistance of Great Britain and the United States)—nevertheless committed its members to several human rights goals: fair and humane working conditions, the execution of agreements regarding trafficking in women and children, the prevention and control of disease in matters of international concern, and the just treatment of indigenous colonial peoples. Also, the victorious powers—who as “mandatories” were entrusted by the League with the tutelage of colonies formerly governed by Germany and Turkey—accepted responsibility for the well-being and development of the inhabitants of those territories as “a sacred trust of civilization.” This arrangement was later carried over into the trusteeship system of the United Nations.

As important as these efforts were, however, it was not until after the war—and the Nazi atrocities accompanying it—that active concern for human rights truly came of age internationally. In the proceedings of the International Military Tribunal at Nürnberg in 1945–46 (the Nürnberg trials), German high officials were tried not only for “crimes against peace” and “war crimes” but also for “crimes against humanity” committed against civilian populations, even if the crimes were in accordance with the laws of the country in which they were perpetrated. Although the tribunal, whose establishment and rulings subsequently were endorsed by the UN General Assembly, applied a cautious approach to allegations of crimes against humanity, it nonetheless made the treatment by a state of its own citizens the subject of international criminal process. The ad hoc international criminal tribunals established in 1993–94 for the prosecution of serious violations of International Humanitarian Law in the former Yugoslavia and in Rwanda were its first heirs on the international plane. Both courts were empowered to impose sentences of life imprisonment (though not the death penalty), and both focused their efforts, with some success, on political leaders who had authorized human rights abuses. Most conspicuous was the arrest and detention in June 2001 of former Yugoslav president Slobodan Milošević by the International Criminal Tribunal for Yugoslavia, representing the first time a former head of state has been placed in the physical custody of an international judicial authority. The tribunal charged him with war crimes and crimes against humanity allegedly committed by Serbian forces in Kosovo in 1999 and subsequently with the crime of genocide allegedly committed by Serbian forces during the war in Bosnia and Herzegovina in 1992–95.

Also heir to the Nürnberg tribunal is the International Criminal Court, authorized by the adoption by 160 countries of the Rome Statute of the International Criminal Court in July 1998. The statute creates a permanent international criminal court whose jurisdiction includes crimes against humanity, crimes of genocide, war crimes, and crimes of “aggression” (pending the adoption of an acceptable definition of that term). However, the creation of the court, which depends on the ratification of the statute by at least 60 signatory states, was resisted by some countries, notably the United States, on the ground that it would unduly infringe upon their national sovereignty. The long-term future of the court is therefore uncertain.

Human rights in the context of the United Nations

One of the most important objectives of the United Nations (UN) is to promote respect for human rights and the basic freedoms of all human beings and peoples. Under the UN umbrella, the bodies responsible for the protection and development of human rights are theOffice of the High Commissioner for Human Rights and the Human Rights Council, both of which are based in Geneva, as well as the 3rd Committee of the UN General Assembly in New York.

Within the framework of the United Nations, Switzerland is actively committed to ensuring that every human being can live in dignity, safety, and peace. Switzerland has been uniquely committed to the creation of the Human Rights Council and strengthening the instruments at its disposal. After sitting as a member of the Council in the period from 2006-2009, Switzerland was elected in May 2010 for a further three-year mandate (2010-2013).

In recent decades Switzerland has ratified all of the most important Conventions with regard to the protection of human rights.

United Nations Human Rights Council

The Geneva-based Human Rights Council of the United Nations, which replaced the Commission on Human Rights, opened its doors in June 2006. The Commission on Human Rights had been strongly criticized for the excessive selectivity and polarization of its activities. As a result, it lost much credibility, and its ability to act was increasingly called into question.

The creation of the Human Rights Council was an important milestone in the history of the UN. As a member of the new Council from 2006 to 2009 Switzerland was instrumental in laying down the rules by which it functions and has been a close collaborator in its efforts to perform the duties required of it. The fact that the Human Rights Council is based in Genevafurther strengthens the international character of the city and its role as an international reference point in questions of human rights.

The Council’s mandate is to promote and protect human rights. It acts as a forum in which confrontation is expected to yield to mutual respect and understanding as well as dialoguebetween all concerned. Its main characteristics are as follows:

• The Council reports directly to the UN General Assembly.
• It holds at least 3 sessions a year for a minimum of 10 weeks total duration. Extraordinary sessions may be convened at the request of at least a third of its members.
• Its 47 member states are elected by an absolute majority of the General Assembly for a 3-year period, which is non-renewable after 2 consecutive terms.
• Candidates for a seat on the Council are required to make voluntary commitments concerning human rights.
• A new mechanism, the Universal Periodic Review (UPR), enables the Council to monitor the extent to which UN member states are meeting their human rights obligations.
• On the basis of a two-thirds majority the General Assembly can suspend a member of the Council which has committed flagrant and systematic human rights violations.

PREAMBLE

Whereas 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,

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 proclaimed 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 development 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 determined 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 universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance 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 constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

UNIVERSAL DECLARATION OF HUMAN RIGHTS 

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, 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. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory 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 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 entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement 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 persecution.

·         (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 dissolution.

·         (2) Marriage shall be entered into only with the free and full consent of the intending spouses.

·         (3) The family is the natural and fundamental 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 includes 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 interference and to seek, receive and impart information and ideas through any media and regardless 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 equivalent 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 international 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 necessary, by other means of social protection.

·         (4) Everyone 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 security in the event of unemployment, sickness, 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 enjoy the same social protection.

Article 26.

·         (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be 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 freedoms. 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 participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

·         (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

·         Everyone is entitled to a social and international 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 recognition and respect for the rights and freedoms of others and of meeting the just requirements 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 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 and freedoms set forth herein.

International Covenant on Civil and Political Rights

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI)
of 16 December 1966

entry into force 23 March 1976, in accordance with Article 49

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying 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 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

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

2. No one shall be held in servitude.

3.

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

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

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

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

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

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

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

Article 9

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

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

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

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

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

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 appropriate 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 treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile 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 12

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 residence.

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 competent 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 requires, 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 juvenile persons 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 following 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 examination 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 juvenile persons, the procedure shall be such as will take account of their age and the desirability 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 subsequently 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 committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the 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 omission 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 everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful 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 private, 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 prescribed 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 parents 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 writing 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 paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) 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 recognized. 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 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.

Article 22

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 which are 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 Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that 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 recognized.

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, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24 

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, 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 nationality.

Article 25 

Every citizen shall have the right and the opportunity, 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 suffrage and shall be held by secret ballot, guaranteeing 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 entitled without any discrimination to the 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 linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community 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 28

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 recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

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 to 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 Covenant 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.

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 different forms of civilization and of the principal 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 members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

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 members, 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 immediately 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 persons 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 accordance 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

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may 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 Committee under the present 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 taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially 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 recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever 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 Covenant.

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 submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments 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 comments that may be made in accordance with paragraph 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 fulfilling 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 communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Covenant considers 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 communication 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 satisfaction 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 referred 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 subparagraph (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 freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented 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 subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (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 within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions 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 Covenant have made declarations under paragraph I 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 Secretary-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, unless the State Party concerned has made a new declaration.

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 Commission). 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 composition of the Commission, the members of the Commission concerning whom no agreement has been 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 appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.

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 concerned:

(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 tie 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 subparagraph (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, and its views on the possibilities of an 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 subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify 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 prejudice 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 Commission 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 members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance 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 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART 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 Nations to become a Party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument 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 accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 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 Covenant to all States referred to in article 48.

International Covenant on Economic, Social and Cultural Rights

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI)
of 16 December 1966

entry into force 3 January 1976, in accordance with article 27

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

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

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

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article 4

The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant.

2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

Article 8

1. The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14 

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Article 15

1. The States Parties to the present Covenant recognize the right of everyone:

(a) To take part in cultural life;

(b) To enjoy the benefits of scientific progress and its applications;

(c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

PART IV

Article 16

1. The States Parties to the present Covenant undertake to submit in conformity with this part of the Covenant reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized herein.

2.

(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit copies to the Economic and Social Council for consideration in accordance with the provisions of the present Covenant;

(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any matters which fall within the responsibilities of the said agencies in accordance with their constitutional instruments.

Article 17

1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a programme to be established by the Economic and Social Council within one year of the entry into force of the present Covenant after consultation with the States Parties and the specialized agencies concerned.

2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Covenant.

3. Where relevant information has previously been furnished to the United Nations or to any specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce that information, but a precise reference to the information so furnished will suffice.

Article 18

Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the provisions of the present Covenant falling within the scope of their activities. These reports may include particulars of decisions and recommendations on such implementation adopted by their competent organs.

Article 19

The Economic and Social Council may transmit to the Commission on Human Rights for study and general recommendation or, as appropriate, for information the reports concerning human rights submitted by States in accordance with articles 16 and 17, and those concerning human rights submitted by the specialized agencies in accordance with article 18.

Article 20

The States Parties to the present Covenant and the specialized agencies concerned may submit comments to the Economic and Social Council on any general recommendation under article 19 or reference to such general recommendation in any report of the Commission on Human Rights or any documentation referred to therein.

Article 21

The Economic and Social Council may submit from time to time to the General Assembly reports with recommendations of a general nature and a summary of the information received from the States Parties to the present Covenant and the specialized agencies on the measures taken and the progress made in achieving general observance of the rights recognized in the present Covenant.

Article 22

The Economic and Social Council may bring to the attention of other organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters arising out of the reports referred to in this part of the present Covenant which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the present Covenant.

Article 23

The States Parties to the present Covenant agree that international action for the achievement of the rights recognized in the present Covenant includes such methods as the conclusion of conventions, the adoption of recommendations, the furnishing of technical assistance and the holding of regional meetings and technical meetings for the purpose of consultation and study organized in conjunction with the Governments concerned.

Article 24

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 25

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART V

Article 26

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed the present Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 27

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 28

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 29

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes.

3. When amendments come into force they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 30

Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 26;

(b) The date of the entry into force of the present Covenant under article 27 and the date of the entry into force of any amendments under article 29.

Article 31

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 26.

What is an Optional Protocol?

Very often, human rights treaties are followed by "Optional Protocols" which may either provide for procedures with regard to the treaty or address a substantive area related to the treaty. Optional Protocols to human rights treaties are treaties in their own right, and are open to signature, accession or ratification by countries who are party to the main treaty.

The optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women includes:

• The Communications Procedure
  Gives individuals and groups of women the right to complain to the Committee on the Elimination of Discrimination against Women about violations of the Convention.  this procedure is known as "the communications procedure". United Nations communications procedures provide the right to petition or the right to complain about violations of rights. Under all procedures, the complaint must be in writing.
• The Inquiry Procedure
  It enables the Committee to conduct inquiries into grave or systematic abu06-Nov-2006 e party to the Optional Protocol.  Known as an inquiry procedure, this capacity is found in article 8 of the Optional Protocol.

The optional protocol includes an inquiry procedure, as well as a complaints procedure. An inquiry procedure enables the Committee to conduct inquiries into serious and systematic abuses of women's human rights in countries that become States parties to the Optional Protocol. It is modelled on an existing human rights inquiry procedure, article 20 of the International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The inquiry procedure:

• Allows investigation of substantial abuses of women's human rights by an international body of experts;
• Is useful where individual communications fail to reflect the systemic nature of widespread violations of women's rights;
• Allows widespread violations to be investigated where individuals or groups may be unable to make communications (for practical reasons or because of fear of reprisals);
• Gives the Committee an opportunity to make recommendations regarding the structural causes of violations;
• Allows the Committee to address a broad range of issues in a particular country.