their liberty are to be treated with humanity (art. 10); and that no one is to be imprisoned merely on the
ground of inability to fulfil a contractual obligation (art. 11).
The Covenant provides for freedom of movement and freedom to choose a residence (art. 12) and for
limitations to be placed on the expulsion of aliens lawfully in the territory of a State party (art. 13). It makes
provision for the equality of all persons before the courts and tribunals and for guarantees in criminal and
civil proceedings (art. 14). It prohibits retroactive criminal legislation (art. 15); lays down the right of
everyone to recognition everywhere as a person before the law (art. 16); and calls for the prohibition of
arbitrary or unlawful interference with an individual's privacy, family, home or correspondence, and of
unlawful attacks on his honour and reputation (art. 17).
The Covenant provides for protection of the rights to freedom of thought, conscience and religion (art. 18)
and to freedom of opinion and expression (art. 19). It calls for the prohibition by law of any propaganda for
war and of any advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence (art. 20). It recognizes the right of peaceful assembly (art. 21) and the right to freedom
of association (art. 22). It also recognizes the right of men and women of marriageable age to marry and to
found a family, and the principle of equality of rights and responsibilities of spouses as to marriage, during
marriage and at its dissolution (art. 23). It lays down measures to protect the rights of children (art. 24),
and recognizes the right of every citizen to take part in the conduct of public affairs, to vote and to be
elected, and to have access, on general terms of equality, to public service in his country (art. 25). It
provides that all persons are equal before the law and are entitled to equal protection of the law (art. 26). It
also calls for protection of the rights of ethnic, religious and linguistic minorities in the territories of States
parties (art. 27).
Finally, article 28 provides for the establishment of a Human Rights Committee responsible for supervising
implementation of the rights set out in the Covenant.
Conditions
The Universal Declaration of Human Rights affirms that the exercise of a person's rights and freedoms may
be subject to certain limitations, which must be determined by law, solely for the purpose of securing due
recognition of the rights and freedoms of others and of meeting the just requirements of morality, public
order and the general welfare in a democratic society. Rights may not be exercised contrary to the purposes
and principles of the United Nations, or if they are aimed at destroying any of the rights set forth in the
Declaration (arts. 29 and 30).
The International Covenant on Economic, Social and Cultural Rights states that the rights provided for
therein may be limited by law, but only in so far as it is compatible with the nature of the rights and solely
to promote the general welfare in a democratic society (art. 4).
Unlike the Universal Declaration and the Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civil and Political Rights contains no general provision applicable to all the rights provided for in
the Covenant authorizing restrictions on their exercise. However, several articles in the Covenant provide
that the rights being dealt with shall not be subject to any restrictions except those which are prescribed by
law and are necessary to protect national security, public order, or the rights and freedoms of others.
Certain rights, therefore, may never be suspended or limited, even in emergency situations. These are the
rights to life, to freedom from torture, to freedom from enslavement or servitude, to protection from
imprisonment for debt, to freedom from retroactive penal laws, to recognition as a person before the law,
and to freedom of thought, conscience and religion.
The Covenant on Civil and Political Rights allows a State to limit or suspend the enjoyment of certain rights
in cases of officially proclaimed public emergencies which threaten the life of the nation. Such limitations or
suspensions are permitted only "to the extent strictly required by the exigencies of the situation" and may
never involve discrimination solely on the ground of race, colour, sex, language, religion or social origin (art.
4). The limitations or suspensions must also be reported to the United Nations.
First Optional Protocol