Decree of the Ministry of Foreign Affairs No. 120 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights
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Effective from 23.03.1976
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120
DECLARATION
Minister for Foreign Affairs
of 10 May 1976
on the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights
On 19 December 1966, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights was opened in New York.
On behalf of the Czechoslovak Socialist Republic, both pacts were signed in New York on 7 October 1968.
On 11 November 1975, the Federal Assembly of the Czechoslovak Socialist Republic agreed to both pacts. The President of the Republic has ratified the International Covenant on Civil and Political Rights with a Declaration on Article 48 (1) and the International Covenant on Economic, Social and Cultural Rights with a Declaration on Article 26 (1). The instruments of ratification of the Czechoslovak Socialist Republic were deposited with the Secretary-General of the United Nations, depositary of the two packets, on 23 December 1975.
The International Covenant on Civil and Political Rights entered into force on 23 March 1976 on the basis of Article 49 and entered into force on that date for the Czechoslovak Socialist Republic. The International Covenant on Economic, Social and Cultural Rights entered into force on 3 January 1976 on the basis of Article 27 and entered into force on 23 March 1976 for the Czechoslovak Socialist Republic.
Czech translations of both packets are announced simultaneously.
Minister:
Ing. Chupek v. r.
INTERNATIONAL PACT
on civil and political rights
States, Contracting Parties to this Pact,
bearing in mind that according to the principles set out in the United Nations Charter, the recognition of natural dignity and equal and inalienable rights of all human family members is the basis of freedom, justice and peace in the world,
recognising that these rights derive from the natural dignity of a human being,
recognising that according to the Universal Declaration of Human Rights, the ideal of a free human being enjoying civil and political freedom and freedom from fear and lack can only be achieved if conditions are created in which everyone can enjoy their civil and political rights, as well as their economic, social and cultural rights,
Observing the commitment of States under the United Nations Charter to promote universal respect for and respect for human rights and freedoms,
Recognising that an individual with obligations to others and to the community to which it belongs is obliged to seek to develop and respect the rights recognised in this Pact,
they shall act as follows, as set out below:
1. All nations have the right to self-determination. Under this right, they freely determine their political status and freely pursue their economic, social and cultural development.
2. For their own purposes, all nations can freely dispose of their natural wealth and resources without prejudice to any obligations arising from international economic cooperation, based on mutual benefit and international law. In no way must a nation be deprived of its own means of living.
3. The States, Contracting Parties to the Pact, including those States responsible for the administration of non-governmental and penal territories, shall promote the exercise of the right of self-determination and shall respect that right in accordance with the provisions of the United Nations Charter.
1. Each State which is a Contracting Party to the Pact undertakes to respect the rights recognised in the Pact and to ensure those rights to all individuals within its territory and subject to its jurisdiction, without any distinction by race, colour, sex, religion, political or other sentiments, national or social origin, property, genus or other status.
2. Any State Party to the Pact undertakes, unless already provided for in existing legislative or other measures, to take the necessary steps in accordance with its constitutional procedures and provisions of the Pact to approve such legislative or other measures necessary to exercise the rights recognised in the Pact.
3. Each State Party to the Pact undertakes:
(a) ensure that any person whose rights or freedoms recognised by this Pact have been infringed receives effective protection, whether or not persons acting in official capacity have committed an infringement of his or her right or freedom;
(b) ensure that any person seeking such protection has the right to it provided for by the competent legal, administrative or legislative authorities or any other authority provided for by the legal system of the State and that it has the possibility of legal protection;
(c) ensure that the competent authorities promote such protection as soon as it is granted.
The States Parties to the Covenant undertake to ensure the same rights of men and women to enjoy all civil and political rights provided for in this Covenant.
1. If the life of a nation is at risk in an emergency which is officially declared, the States Parties to the Pact may take measures to mitigate their obligations under the Pact to the extent that they require the needs of such a situation, provided that such measures do not conflict with their other obligations under international law and do not constitute discrimination by race, colour, sex, language, religion or social origin.
2. Under that provision, Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 cannot be derogated from.
3. Each State which is a Contracting Party to the Pact, exercising rights within the meaning of paragraph 1 of this Article, shall immediately inform, through the Secretary-General of the United Nations, the other States, Contracting Parties to the Pact, of the provisions from which it has deviated and of the reasons therefor. Further communication shall be made by the same route on the date on which the measure is terminated.
1. Nothing in this Pact may be interpreted as giving any State, group or person any right to engage or commit acts aimed at suppressing one of the rights or freedoms recognised by this Pact or at limiting it to a greater extent than that provided for in this Pact.
2. Any fundamental human rights recognised in any State participating in this Pact by virtue of laws, conventions, regulations or practices shall not be restricted or revoked under the pretext that the Pact does not recognise or recognise such rights to a lesser extent.
1. Every human being has a right to life. This right is protected by the law. No one will be arbitrarily deprived of their lives.
2. In countries where the death penalty has not been abolished, the death penalty sentence may only be declared the most severe offences in accordance with the law in force at the time the offence was committed and not contrary to the provisions of this Pact and the Convention on the Prevention and Punishment of the Crime of Genocidium. This sentence may be enforced only on the basis of a final judgment delivered by the competent court.
3. If the release of life is a crime of genocide, it is understood that nothing in this article is justified by any State Party to the Pact to derogate from any obligation which has been taken over under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocidium.
4. Anyone who has been sentenced to the death penalty has the right to ask for mercy or to reduce the sentence. Amnesty, pardon or mitigation of the death penalty can be granted in all cases.
5. The death sentence shall not be imposed on persons under 18 years of age for crimes committed and shall not be applied to pregnant women.
6. This article cannot be invoked in order to prevent the abolition of the death penalty or to delay the abolition of the death penalty by any State participating in this Pact.
No one shall be tortured or subjected to cruel, inhuman or degrading treatment or punishment. In particular, no one will be subjected to medical or scientific experiments without their free consent.
1. No one shall be held in slavery; all forms of slavery and slave trade are prohibited.
2. No one must be held in serenity.
3. (a) No one shall be required to carry out forced or compulsory work;
(b) Article 3 (a) shall not prevent the execution of hard work in countries where a prison sentence may be imposed for a criminal offence, if such judgment has been delivered by the competent court;
(c) for the purposes of this paragraph, the term "forced or compulsory work" shall not include:
(i) any work or service not mentioned in subparagraph (b) which is normally required of a person who is in custody as a result of a final decision of the court or of a person who is suspended from such detention;
(ii) any service of a military nature and in countries where the refusal of military service is recognised on the basis of conviction, any national service required by law from persons who refuse military service for reasons of their belief;
(iii) any service imposed in exceptional cases or in a disaster affecting the life or well-being of the community;
(iv) any work or service forming part of ordinary civil obligations.
1. Everyone has the right to freedom and personal security. No one shall be arbitrarily arrested or detained. No one shall be deprived of liberty except where this is done on the basis of the law and in accordance with the procedure laid down in the law.
2. Anyone who is arrested must be informed of the grounds for his arrest at the time of his arrest and be immediately informed of the charges against him.
3. Any person arrested or detained on the basis of criminal charges shall be brought before a judge or any other official legally empowered to exercise judicial authority and shall be entitled to criminal proceedings within a reasonable period of time or release. It is not a general rule for persons awaiting criminal proceedings to be held in custody; the release may, however, be subject to guarantees that it will be brought to criminal proceedings at any other stage of the trial and to a judgment.
4. Anyone who is arrested or found in custody shall be entitled to legal proceedings before a court in such a way that the court can decide without delay on the validity of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of illegal arrest or detention has an enforceable right to compensation.
1. All persons deprived of personal freedom are treated humanly and with respect for the natural dignity of the human being.
2. (a) The accused persons shall, except in exceptional circumstances, be separated from and treated in proportion to the fact that their guilt has not yet been decided;
(b) the accused minors are separated from the adults and are brought to justice as quickly as possible.
3. The Code of Prisons shall ensure the treatment of prisoners whose primary objective is their reeducation and rehabilitation. Young criminals will be separated from adults and will receive treatment appropriate to their age and legal status.
No one will be imprisoned solely for failure to honour the contractual obligation.
1. Anyone legally located in the territory of a State shall have the right to choose his place of residence in that territory.
2. Everyone is free to leave any country, even their own.
3. The above rights shall not be subject to any restrictions other than those laid down by law which are necessary for the protection of national security, public order, public health or morality or the rights and freedoms of others and which comply with other rights recognised in this Pact.
4. No one shall be arbitrarily deprived of the right to enter their own country.
An alien legally located in the territory of a State which is a Contracting Party to the Pact may be expelled from it only on the basis of a decision taken in accordance with the law and has the possibility, except where urgent reasons of national security require another procedure, to submit objections to his expulsion and to have his case examined by the competent authority or person or persons specifically designated by the competent authority and to be represented for that purpose.
1. All persons are equal in court. Everyone has exactly the same right to be heard in a fair and public manner by an independent and impartial court which decides either on his rights and obligations or on any criminal charges brought against him. The press and the public may be excluded from all or part of the proceedings for reasons of morality, public policy or national security in a democratic society or where the private interest of the parties so requires, or may be excluded to the extent that, in the Court's view, it is necessary in particular circumstances in which disclosure would prejudicate the interests of justice; However, any judgment given in a criminal or civil case shall be published except where the interest of young persons requires a different procedure or where the proceedings concern marital disputes or the custody of children.
2. Anyone accused of a crime shall be considered innocent until proven guilty by legal procedure.
3. Anyone charged with a crime shall have the following minimum guarantees:
(a) be informed immediately and in detail in the language to which he understands of the nature and the reason for the charge against him;
(b) it shall have sufficient time and opportunity to prepare its defence and be able to contact the lawyer at his own choice;
(c) be tried without undue delay;
(d) be tried in his presence and defend himself personally or through a lawyer of his choice; be informed of its rights and receive legal assistance in any case where the interests of justice so require and without, in such a case, paying the costs itself if it does not have sufficient resources to pay;
(e) he is to be given the opportunity to conduct an interview or to conduct an interview of witnesses against himself and to be able to attend and interview witnesses for his benefit under the same conditions as witnesses against him;
(f) to be assisted by an interpreter if he does not understand the language or speak the language used in court;
(g) he must not be forced to testify against himself or to plead guilty.
4. In criminal proceedings against minors, their age and the fact that it is desirable to seek redress shall be taken into account.
5. Anyone who has been proven to have committed a crime has the right to have evidence and judgment reviewed by a higher court.
6. If a person has been proven guilty of a criminal offence and if later that evidence has been refuted or the prosecution has been acquitted on the grounds that a new fact shows convincingly that the law has been infringed by the judgment, compensation shall be granted to those who have been punished on the basis of such evidence in accordance with the law, unless it is proved that early disclosure of previously unknown facts does not go entirely or partly to the detriment of that person.
7. The prosecution may not be brought against the one against which the previous prosecution for the same offence ended with a final judgment of the court by which the defendant was found guilty or was acquitted.
1. No one must be punished for an act that was not punishable by the law at the time of the crime. The perpetrator cannot be penalized more than allows the law to be imposed effective at the time the offence was committed. The new law only has retroactive effect if it is more favourable to the perpetrators.
2. Nothing in this article prejudicates punishment for any act which, at the time it was committed, was punishable under the general legal principles recognised by the community of nations.
Everyone has the right to have his legal personality recognised everywhere.
1. No one must be subjected to arbitrary interference in private life, family, home or correspondence, or to attacks on their honor and reputation.
2. Everyone has the right to legal protection against such interference or attacks.
1. Everyone has the right to freedom of thought, conscience and religion. This right includes the freedom to profess or accept religion or faith at your choice and the freedom to express your religion or faith alone or together with others, whether publicly or privately, by performing religious acts, worship, the preservation of ceremonies and teaching.
2. No one shall be subjected to coercion which would undermine his or her freedom to confess or accept religion or faith at his or her choice.
3. Freedom to express religion or belief can only be subject to such restrictions as the law prescribes and necessary to protect public security, order, health or morality or fundamental rights and freedoms of others.
4. States Parties to the Pact undertake to respect the freedom of parents and, where appropriate, guardians to ensure the religious and moral upbringing of their children according to their own beliefs of parents or guardians.
1. Everyone has the right to hold their opinion without obstacles.
2. Everyone has the right to freedom of expression; that right includes the freedom to seek, receive and disseminate information and ideas of any kind, regardless of borders, whether orally, in writing or in print, through art or by any other means of their choice.
3. The use of the rights referred to in paragraph 2 of this Article shall entail specific obligations and responsibilities. It may therefore be subject to certain restrictions, but these restrictions will only be as laid down by law and which are necessary:
(a) to respect the rights or reputation of others;
(b) to protect national security or public order or public health or morality.
1. Any war propaganda is forbidden by law.
2. Any national, racial or religious hatred which constitutes incitement to discrimination, hostility or violence must be prohibited by law.
The right to peaceful assembly is recognised. The exercise of this right shall not in any way be restricted with the exceptions provided for in the law which are necessary in a democratic society in the interests of national security or public security, public order, protection of public health or morality or protection of the rights and freedoms of others.
1. Everyone has the right to the freedom to associate with others, and the right to establish and accede to trade unions' interests.
2. The exercise of that right shall not in any way be restricted; the exception is the restrictions laid down by law which are necessary in a democratic society in the interests of national or public security, public order, protection of public health or morality or protection of the rights and freedoms of others. Nothing in this article shall prevent the exercise by law of this right by members of the armed forces and police.
3. Nothing in this Article authorises the Contracting Parties to the 1948 International Labour Organisation Convention on Freedom of Association and Protection of the Right to Organise to adopt legislative measures that prejudicate the guarantees provided for in this Pact or apply the law in such a way as to prejudicate those guarantees.
1. Family is a natural and fundamental unit of society and has the right to the protection of society and the state.
2. The right of men and women to marry at an appropriate age and to establish a family is recognised.
3. Marriage will not be concluded without the free and full consent of the fiancé.
4. The States, Contracting Parties to the Pact, shall take appropriate steps to ensure the same rights and obligations of spouses in marriage, marriage and divorce. In the divorce, the necessary child protection is decided.
1. Any child shall, without any discrimination by race, colour, sex, language, religion, national or social origin, property or family, have the right to such protection as is incumbent upon him, having regard to his or her status as a minor, by his or her family, company and state.
2. Every child is registered immediately after birth and gets a name.
3. Every child shall have the right to nationality.
Every citizen shall have the right and the possibility, without any differences referred to in Article 2 and without unjustified restrictions:
(a) participate in the conduct of public affairs directly or through freely elected representatives;
(b) vote and be elected in regular elections to be held on the basis of universal and equal voting rights by secret ballot ensuring freedom of vote;
(c) enter the public services of their country on equal terms.
All are equal before the law and have the right to equal protection of the law without discrimination. The law prohibits any discrimination and guarantees equal and effective protection against discrimination for any reason, such as race, colour, sex, language, religion, political or other beliefs, national or social origin, property and genus.
In countries where ethnic, religious or linguistic minorities exist, its members will not be denied the right to use their own culture, to confess and to express their own religion or to use their own language with other minority members.
1. A Committee on Human Rights (hereinafter referred to as the Committee) is hereby established. It shall consist of eighteen members and shall perform the functions set out below.
2. The Committee shall consist of nationals of the Parties to the Pact who shall be persons of a high moral character and recognised human rights competence, taking into account the fact that the participation of certain persons having legal experience will be useful.
The members of the Committee shall be elected and act as private persons.
1. The members of the Committee shall be elected by secret ballot from the list of persons having the characteristics prescribed in Article 28 and proposed for that purpose by the States Parties to the Pact.
2. Any State Party to the Pact may propose a maximum of two persons. These persons shall be nationals of the State which has proposed them.
3. Any person may be reproposed as a member of the Committee.
1. The first elections shall take place no later than six months after the date on which this Pact enters into force.
2. At least four months before the date of each election to the Committee, with the exception of those where the vacancy is to be filled in accordance with Article 34, the Secretary-General of the United Nations shall invite in writing the States Parties to the Pact to submit their proposals for membership of the Committee within three months.
3. The Secretary-General of the United Nations shall draw up a list of all persons so proposed in alphabetical order, indicating the States which have proposed them and submitting them to the States, no later than one month before the election date.
4. The elections of the members of the Committee shall be held at meetings of representatives of the States Parties to the Pact convened by the Secretary-General of the United Nations at the seat of the United Nations. At this meeting, at which two thirds of the States form the quorum, those nominated shall be elected to the Committee, who shall receive the largest number of votes and the absolute majority of votes of the States present and voting representatives.
1. No more than one national of one State may be represented in the Committee.
2. The choice of the Committee shall take into account the fair geographical representation and the representation of the various forms of civilization and the main legal systems.
The members of the Committee shall be elected for a period of four years. The performing member may be re-elected immediately if designed. However, the official term of nine of the members elected in the first elections shall expire at the end of the second year; immediately after the first election, the President shall draw the names of the nine members at the meeting referred to in Article 30, paragraph 4.
2. The elections will be held on expiry in accordance with the previous articles of this part of the Pact.
1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to perform his duties for any other reason than of a transitional nature, the President of the Committee shall inform the Secretary-General of the United Nations, who shall declare his seat vacant.
2. In the event of the death or resignation of a member of the Committee, the President shall immediately inform the Secretary-General of the United Nations, who shall declare the post vacant on the date of death or the date on which the resignation became effective.
1. If the vacancy is declared in accordance with Article 33 and if the term of office of the member to be replaced does not exceed six months from the date of such publication, the Secretary-General of the United Nations shall notify each State, a participant in this Pact, who may, within two months, submit a proposal pursuant to Article 29 to fill the vacancy.
2. The Secretary-General of the United Nations shall draw up a list of proposed persons in alphabetical order and submit it to the States Parties to the Pact. The vacancy elections will be held in accordance with the relevant provisions of this Part of the Pact.
3. A member of the Committee elected to a vacant post, which has been declared in accordance with Article 33, shall serve for the remainder of the term of office of the member who has vacated the seat in the Committee under the provisions of that Article.
The members of the Committee shall receive, with the consent of the United Nations General Assembly, a remuneration from the United Nations resources under the conditions decided upon by the General Assembly, bearing in mind the importance and responsibility of the Committee.
The Secretary-General of the United Nations shall provide the necessary apparatus and equipment for the effective performance of the functions of the Committee under the Pact.
1. The Secretary-General of the United Nations shall convene the first meeting of the Committee at the seat of the United Nations.
2. After this first meeting, the Committee shall meet as provided for in its Rules of Procedure.
3. The Committee will normally meet at the United Nations headquarters or at the United Nations Office in Geneva.
Before taking up his duties, each member of the Committee shall make a solemn declaration at the Committee's public meeting that he will perform his duties impartially and conscientiously.
1. The Committee shall elect its officials for a period of two years. These may be re-elected.
2. The Committee shall draw up its own rules of procedure, which shall, inter alia, determine that:
(a) 12 members of the Committee shall form a quorum;
(b) decisions of the Committee shall be taken by a majority of the members present.
(1) The States Parties to the Pact undertake to report on the measures taken to bring the rights recognised in the Pact into life and on the progress made in the exercise of those rights:
(a) within one year from the date on which they became parties to the Pact;
(b) whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United Nations, who shall submit them to the Committee for consideration. The reports shall refer to any facts and difficulties concerning the implementation of this Pact.
3. The Secretary-General of the United Nations may, in consultation with the Committee, transmit to the relevant UN expert organisations the fingerprints of those parts of the reports which relate to their responsibilities.
4. The Committee shall examine the reports submitted to it. The States Parties to the Pact shall submit their reports and general comments it deems appropriate. The Committee may also submit those observations together with copies of the reports it receives from the States Parties to the Pact to the Economic and Social Council.
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Regulation Information
| Citation | Decree No. 120 / 1976 Coll., on the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.10.1976 |
|---|---|
| Effective from | 23.03.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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