Women Rights

Anasayfa

United Nations

Women Rights

INTERNATIONAL CONVENTION ON CIVIL AND POLITICAL RIGHTS

 

It was adopted by the General Assembly Resolution 2200A (XXI) dated 16 December 1966 and opened for signature, approval and accession.

 

Entered into force on 23 March 1976 pursuant to Article 9

Entrance

The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and 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 one's birthright,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of a free human being with personal and political freedom and freedom from fear and poverty can only be achieved through the creation of conditions in which everyone can enjoy their economic, social and cultural rights as well as their civil and political rights,

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

Considering that the individual, who has duties to other individuals and to the community to which he belongs, has a responsibility to endeavor to respect and promote the rights set forth in this Convention,

They have agreed on the following provisions:

 

PART I

 

ARTICLE 1

 

1. All peoples have the right to self-determination. In accordance with this right, peoples freely decide their political status and freely ensure their economic, social and cultural development.

2. All peoples may freely enjoy their natural wealth and resources for their own purposes, without prejudice to their obligations under international law and international economic cooperation based on the principle of mutual benefit. Under no circumstances can a people be deprived of the means necessary for its own survival.

3. The States Parties to the present Covenant, including those responsible for the administration of non-autonomous and Trustee States, shall facilitate and respect the realization of the right of peoples to self-determination in accordance with the provisions of the Charter of the United Nations.

 

CHAPTER II

 

ARTICLE 2

 

1. Each State Party to the present Covenant shall make no distinction whatsoever as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to all individuals residing in its territory and under its jurisdiction. It is responsible for ensuring and respecting the rights recognized in this Convention without discrimination.

2. In cases where current legislation and other legal measures are not yet regulated, each State Party to this Convention is obliged to take legislative and other measures necessary to ensure the implementation of the rights recognized in this Convention, in accordance with its constitutional rules and the provisions of this Convention. .

3. Each State Party to this Convention:

(a) Ensuring that any person whose rights and freedoms as set forth in this Convention have been violated are effectively remedied, even if that violation has been committed by persons in an official capacity;

(b) Ensuring that the rights of all those who seek such redress are adjudicated by the competent judicial, executive or legislative body or any other competent body provided for by the legal system of the State, and that judicial redress is provided;

(c) It is obliged to ensure that the decisions obtained through these legal means are implemented by the authorized bodies.

 

ARTICLE 3

 

States Parties to this Covenant are obliged to ensure that men and women enjoy all the civil and political rights set forth in this Covenant on an equal basis.

 

ARTICLE 4

 

1. In the event of a declared state of emergency threatening the life of the nation, States Parties to this Convention shall not be in breach of their other obligations under international law and shall not discriminate on the basis of race, colour, sex, language, religion or social origin. may take measures deviating from their obligations under this Convention to the extent required by the situation.

2. Based on this provision, Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 of the Convention cannot be violated.

3. States Parties to this Convention wishing to enjoy the right of derogation shall promptly notify, through the Secretary-General of the United Nations, to other States Parties to this Convention what provisions they have refrained from and the reasons for their conduct. They will also make a notification through the same channel on the date on which they terminate such a violation.

 

ARTICLE 5

 

1. Nothing in this Convention shall allow any State, group or person to engage in any activity or to engage in any activity aimed at the suppression of any of the rights and freedoms set forth in this Convention or the limitation of any of the rights and freedoms set forth in this Convention. It cannot be interpreted in a way that provides the right to take action in that direction.

2. None of the fundamental human rights recognized or existing by law, convention, regulation or custom in any State party to this Convention may be limited or removed on the ground that this Convention does not recognize such rights or to a more limited extent.

 

CHAPTER III

 

ARTICLE 6

 

1. Every human being has the innate right to life. This right will be protected by law. No one's life can be arbitrarily taken away.

2. In countries that have not abolished the death penalty, the death penalty may be imposed only for the most serious crimes, in accordance with the laws in force at the time the crime was committed and provided that it does not contradict the provisions of this Convention and the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be enforced upon a final decision by a competent court.

3. Where the act of deprivation of life constitutes the crime of genocide, it is clear that nothing in this article will allow any State Party to the Convention to in any way violate any of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Everyone sentenced to death has the right to seek pardon or commutation to a lighter sentence. The decision to amnesty, pardon or change the death penalty can be given in any case.

5. The death penalty cannot be imposed for crimes committed by persons under the age of eighteen, and the death penalty of pregnant women cannot be carried out.

6. Nothing in this article may be used by any State Party to the Convention to delay or prevent the abolition of the death penalty.

 

ARTICLE 7

 

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one may be subjected to medical or scientific experimentation without his own free consent.

 

ARTICLE 8

 

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

2. No one can be held in servitude.

3. (a) No one shall be required to work by force or by force.

(b) Subparagraph (a) of paragraph 3 cannot be seen as precluding hard labor under such a decision by a competent court in countries punishable by hard labor as a result of an offence.

(c) For the purposes of this paragraph, the term "forced or compulsory labor":

(i) Any work or service not specified in subparagraph (b) that is normally required from a person detained by a legal order of a court or released on probation after being detained,

(ii) Any service of a military nature and any national service legally required from those exercising this right, also in countries where the right to conscientiously refuse to participate in such service is recognized,

(iii) Any service requested in the event of a state of emergency or disaster that threatens the existence or welfare of the community,

(iv) Any work or service that forms part of ordinary personal obligations.

 

ARTICLE 9

 

1. Everyone has the right to liberty and security of person. No one shall be arbitrarily arrested or detained. No one shall be deprived of his liberty for reasons and in accordance with the procedure prescribed by law.

2. Everyone arrested shall be immediately informed of the reasons for his arrest and the allegations made against him, at the time of his arrest.

3. Anyone arrested or detained for allegedly committing a crime shall be brought promptly before a judge or other official authorized by law to exercise judicial power and shall be entitled to trial or release within an appropriate time. The detention of persons awaiting trial will not be the general rule; however, release may be subject to guarantees for the accused to be present at the hearings, at other stages of the proceedings and, where necessary, for the execution of the sentence.

4. Everyone deprived of his liberty by arrest or detention has the right to apply to the court for a decision without delay as to the lawfulness of the detention and to order his release if the arrest is unlawful.

5. Anyone who has been the victim of an illegal arrest or detention shall be entitled to enforceable compensatory damages.

 

ARTICLE 10

 

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the person.

2.(a) Persons in the status of accused shall, except in exceptional circumstances, be segregated from persons convicted and treated separately in accordance with the status of persons not convicted.

(b) Minor defendants shall be kept separate from adults and brought before a court as soon as possible for their case to be decided.

3. The prison system will be considered as a system whose main purpose is the rehabilitation of prisoners and their reintegration into society. Minor offenders will be kept separate from adults and will be treated in accordance with their age and legal status.

 

ARTICLE 11

 

No one can be imprisoned for the mere reason of failing to fulfill a contractual obligation.

 

ARTICLE 12

 

1. Everyone who is legally within the territory of a State has the right to move freely within that territory and the freedom to choose his domicile.

2. Everyone is free to leave any country, including his own.

3. No restrictions may be placed on the above-mentioned rights other than those established by law to protect national security, public order, public health or morals, or the rights and freedoms of others, and are compatible with other rights recognized in this Convention.

4. No one shall be arbitrarily deprived of the right to enter his own country.

 

ARTICLE 13

 

An alien lawfully present in the territory of a State Party to the present Covenant may be expelled from that territory only pursuant to a decision lawfully taken and, unless compelling reasons of national security require otherwise, shall be permitted to raise grounds against his expulsion and to have his case reviewed by the competent authorities or by a person or persons specially appointed by the competent authorities and to be represented for that purpose before the competent authorities.

 

ARTICLE 14

 

1. Everyone is equal before courts and judicial bodies. Everyone has the right to a fair and public hearing before a competent, independent and impartial tribunal established under the law, when charged with a crime or when deciding on his rights and obligations in a civil action. In a democratic society, the press and audience are excluded from all or part of the hearings, to the extent that the court deems it necessary for reasons of morality, public order, or national security, or when the private lives of the parties so require, or, in special cases, if the court considers that disclosure would prejudice justice. they can be held. However, any decision in criminal or civil cases must be public, unless the interests of minors so require, or the hearings are about marital disputes over custody of children.

2. Everyone charged with a crime has the right to be presumed innocent until proven guilty according to law.

3. Everyone shall have the following minimum guarantees, in full equality, with respect to the offense of which he is charged:

(a) Provide him with detailed information, promptly and in a language he understands, of the nature and causes of the claim against him;

(b) Allow sufficient time and facilities to prepare his defense and to contact the lawyer of his choice;

(c) Prosecuted without undue delay;

(d) Being present at the trial and defending himself either directly or with the assistance of a lawyer of his choice; if he does not have a lawyer, to be informed that this right exists; to appoint a lawyer whenever justice requires, and to provide this assistance free of charge if it is not possible to pay in such cases;

(e) To be able to question or have witnesses against him question, ensuring that witnesses in his favor can be questioned in the same way as witnesses against him;

(f) The free assistance of an interpreter if he or she cannot understand or speak the language used in court;

(g) Not being compelled to testify against himself or to confess to guilt.

4. Judgment for minors will be conducted taking into account their age and the consideration of their reintegration into society.

5. Everyone convicted of a crime shall have the right to have his conviction and sentence reviewed by a higher judicial body in accordance with the law.

6. A person who has been convicted of a crime by a final decision and whose judgment has been overturned or amnesty for this reason due to a new or newly emerged material evidence that definitively reveals that justice has been wrongly served, If it is not proven that he is partially or completely at fault in his failure, he is entitled to compensation in accordance with the law in return for being punished as a result of such a judgment.

7. No one may be re-tried or punished for the same offense if he has been convicted or acquitted before, according to the laws and criminal procedure of a country.

 

ARTICLE 15

 

1. No one shall be deemed guilty of an act or omission which at the time it was committed was not considered a crime under national or international law. An act considered a crime cannot be punished more severely than the penalty in force at the time it was committed. If a lighter penalty is stipulated in the law for this action after the crime has been committed, this second penalty is applied to the perpetrator.

2. Nothing in this article shall prevent a person from being tried or punished for an act or omission which, at the time it was committed, was criminal according to the general principles of law accepted by the Commonwealth of Nations.

 

ARTICLE 16

 

Everyone shall have the right, everywhere, to be recognized 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; No unlawful infringement can be made on the honor and reputation of anyone.

2. Everyone has the right to the protection of the law against such interference or encroachment.

 

ARTICLE 18

 

1. Everyone shall have the freedom of thought, conscience and religion. This right includes the freedom of everyone to have or to profess the religion or belief of his choice, and to manifest his religion or belief in worship, practice, practice or teaching, either individually or in community with others, publicly or privately. includes freedom.

2. No one shall be subjected to pressure to impair his freedom to have or to adopt a religion or belief of his choice.

3. Restrictions on a person's freedom to manifest his religion or beliefs may only be limited by law and necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

4. States Parties to this Convention are obliged to respect the freedom of parents and, where applicable, legal guardians, to provide their children with a religious and moral education consistent with their own convictions.

 

ARTICLE 19

 

1. Everyone has the right to have the opinion they want, without interference from anyone.

2. Everyone has the right to express their opinions; This right includes the freedom of everyone to seek, receive and impart information and ideas of all kinds, regardless of frontiers, orally, in writing or in print, in the form of works of art or any other form of his own choosing.

3. The exercise of the rights envisaged in paragraph 2 of this article entails some special duties and responsibilities. Therefore, some limitations may also be placed on them; however, these limitations are prescribed by law and;

(a) Respect for the rights and reputation of others; and

(b) Necessary for the protection of national security, public order or public health and morals.

 

ARTICLE 20

 

1. All kinds of war propaganda are prohibited by law.

2. The advocacy of national, racial or religious hatred in the form of incitement to discrimination, hostility or violence is prohibited by law.

 

ARTICLE 21

 

The right to peaceful assembly will be recognized. No restrictions may be imposed on the exercise of this right other than those imposed in accordance with the law and which are necessary in a democratic society in terms of national security or public safety, public order, the protection of public health, morals, or the protection of the rights and freedoms of others.

 

ARTICLE 22

 

1. Everyone has the right to form associations with others, including the right to form or join trade unions for the protection of their interests.

2. No restrictions may be imposed on the exercise of this right other than those imposed in accordance with the law and which are necessary in a democratic society in terms of national security or public security, public order, the protection of public health, morals, or the protection of the rights and freedoms of others. This article shall not prevent the imposition of legal restrictions on the exercise of this right by members of the armed forces or the police.

3. Nothing in this article authorizes States Parties to the International Labor Organization Convention of 1948 on Freedom of Association and Protection of the Right to Trade Unions to take legislative measures or to take legal action which would prejudice the guarantees provided for in this Convention.

 

ARTICLE 23

 

1. The family is the natural and fundamental unit of society and is entitled to protection by society and the state.

2. Men and women of marriageable age shall have the right to marry and to found a family.

3. No marriage bond can be established without the full and free consent of the spouses who intend to marry.

4. States Parties to this Covenant shall take the necessary measures to ensure that spouses enjoy equal rights and responsibilities at marriage, during marriage and at its dissolution. When the marriage is dissolved, it will be ensured that the necessary protective provisions for the children are provided.

 

ARTICLE 24

 

1. Every child, without distinction of any kind as to race, colour, sex, language, religion, national or social origin, property or birth, has the right to be taken by his family, community or state to the protection measures required by his or her status as a minor.

2. Every child shall be registered in the civil registry immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

 

ARTICLE 25

 

Every citizen, regardless of the distinctions and unreasonable restrictions set forth in Article 2, shall:

(a) Participate in public administration, directly or through freely chosen representatives;

(b) Voting and being elected in real elections held periodically by universal, equal and secret ballot, ensuring the free expression of the will of the electorate;

(c) He has the right and opportunity to enter the public service of his country on an equal basis in general terms.

 

ARTICLE 26

 

All are equal before the law and are equally protected by the law without any discrimination. In this regard, the law shall prohibit any discrimination and shall ensure equal and effective protection against discrimination in all contexts, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

 

ARTICLE 27

 

In States where ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, together with other members of their group, to enjoy their own culture, profess and practice their own religion, or use their own language.

 

CHAPTER IV

 

ARTICLE 28

 

1. A Human Rights Committee will be established. (hereinafter referred to as the Committee in this Agreement). This Committee will consist of eighteen members and will carry out the following tasks.

2. Consideration shall also be given to the benefit of certain persons with legal experience in the Committee, which shall consist of nationals of the States Parties to the present Covenant who are of high moral character and recognized for their competence in the field of human rights.

3. Committee members will come by way of election and will serve in their personal capacity.

 

ARTICLE 29

 

1. Members of the Committee shall be elected by secret ballot from a list of persons who have the qualifications set forth in article 28 and who have been nominated by the States Parties to the Convention.

2. Each State Party to this Convention may nominate more than two persons. These persons must be nationals of the nominating State.

3. A person may be nominated again.

 

ARTICLE 30

 

1. The first election shall be held no later than six months after the date of entry into force of this Convention.

2. Except for elections for memberships vacant in accordance with Article 34, at least four months before the date of the election, the Secretary-General of the United Nations shall make a written call to States Parties to this Convention to nominate candidates for Committee membership within three months.

3. The Secretary-General of the United Nations shall draw up an alphabetical list of those so nominated, indicating the nominating States, and shall transmit this list to the States Parties to this Convention at least one month before each election.

4. The election of the members of the Committee shall be made at a meeting of the States Parties to the Convention to be held by the Secretary-General of the United Nations at the United Nations Headquarters. At this meeting, at which two-thirds of the States Parties to this Convention will constitute the quorum, candidates who receive the largest and absolute majority of the votes of the representatives of the States Parties present and voting will be elected to the Committee.

 

ARTICLE 31

 

1. The Committee may not have more than one member from the same State.

2. In the selection of the Committee, the principle of fair geographical distribution of membership and the representation of different forms of civilization and major legal systems are taken into account.

 

ARTICLE 32

 

1. Committee members are elected for a period of four years. If they are nominated again, they have the right to be re-elected. However, nine of the members elected in the first election expire after two years; Immediately after the first election, the names of these nine members are determined by drawing lots to be drawn by the Chairman of the meeting specified in paragraph 4 of Article 30.

2. Upon the expiration of the mandate, elections shall be held in accordance with the above articles in this part of this Convention.

 

ARTICLE 33

 

1. If, according to the unanimous opinion of the other members, a member of the Committee is unable to perform his duties for any reason other than a temporary absence, the Chairman of the Committee notifies the situation to the Secretary-General of the United Nations; he declares that membership is vacant.

2. In the event of the death or withdrawal of a member of the Committee, the President shall immediately notify the Secretary-General of the United Nations, who shall declare that membership vacant as of the date of death or withdrawal.

 

ARTICLE 34

 

1. If a membership is declared vacant pursuant to Article 33 and the term of office of the vacant member does not expire within six months from the date of its proclamation, the Secretary-General of the United Nations shall notify the States Parties to this Convention, who in turn shall seek to fill the void in Article 29. They can nominate candidates within two months.

2. The Secretary-General of the United Nations shall draw up an alphabetical list of persons so nominated and transmit it to the States Parties to this Convention. The selection for the vacant membership is made in accordance with the relevant provisions of this part of the Agreement.

3. The Committee member elected to fill the vacancy announced in accordance with the provisions of Article 33 shall serve until the end of the remaining term of the member whose position is vacated pursuant to the provisions of this article.

 

ARTICLE 35

 

The members of the Committee, with the approval of the United Nations General Assembly, receive salaries from the resources of the United Nations in accordance with the conditions to be determined by the General Assembly, taking into account the importance of the Committee's responsibilities.

 

ARTICLE 36

 

The Secretary-General of the United Nations shall provide the necessary personnel and facilities for the effective performance of the Committee's functions pursuant to this Convention.

 

ARTICLE 37

 

1. The Secretary-General of the United Nations convenes the first session of the Committee at United Nations Headquarters.

2. After its first session, the Committee shall meet at times prescribed in its working procedures.

3. The Committee normally meets at United Nations Headquarters or at the United Nations Office in Geneva.

 

ARTICLE 38

 

Before taking office, each member of the Committee takes an oath before the Committee that he will carry out his duties impartially and with conscience.

 

ARTICLE 39

 

1. The Committee elects its officers for a term of two years. Officers can be re-elected.

2. The Committee determines its own working procedures; but these rules, among other things:

(a) That the meeting quorum shall consist of twelve members;

(b) It should include that the decisions of the Committee shall be taken by a majority of the members present.

 

ARTICLE 40

 

1. The States Parties to this Convention, regarding the measures they have taken to ensure the realization of the rights recognized in this Convention and the progress made in the exercise of these rights:

(a) Within one year after the entry into force of this Convention for the States Parties concerned;

(b) Thereafter, they are required to submit reports whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations. The Secretary-General submits these reports to the Committee for consideration. The reports shall identify the factors and difficulties, if any, affecting the implementation of this Convention.

3. The Secretary-General of the United Nations, after consulting the Committee, may transmit parts of these reports falling under the jurisdiction of the relevant specialized agencies.

4. The Committee shall examine the reports submitted to it by the States Parties to this Convention. It transmits its own reports and any comments it deems appropriate to the States Parties. The Committee may also transmit its views to the Economic and Social Council, together with a copy of the reports sent to it by the States Parties to this Convention.

5. States Parties to this Convention may submit to the Committee their views and comments on the views expressed in accordance with paragraph 4 of this article.

 

ARTICLE 41

 

1. A State Party to this Convention may at any time declare that it recognizes in accordance with this article the Committee's authority to accept and examine any application that contains an allegation that another State has failed to comply with its obligations under this Convention. Applications referred to in this article can be accepted and examined by the Committee only if they are made by a State Party which has declared that the Committee has jurisdiction in respect of it. Applications involving a State Party that has not made such a notification cannot be accepted by the Committee. Applications accepted pursuant to this article are handled in accordance with the following procedure:

(a) If any State Party to this Convention considers that another State Party is failing to comply with the provisions of this Convention, it may bring the matter to the attention of that State Party through a written application. The receiving State shall, within three months of receipt of the application, provide the State with a written statement clarifying the problem or any written statement. To the extent possible and appropriate, this explanation should also include information on the domestic legal procedures and remedies applied, to be applied and to be enforceable.

(b) If, within six months of receipt of the first application, this problem has not been rectified to the satisfaction of both States Parties concerned, any State Party concerned has the right, by notifying the State concerned and the Committee, to refer the matter to the Committee.

(c) The Committee may address any question referred to it only if it considers that all domestic remedies have been used and exhausted in accordance with generally accepted principles of international law. This rule will not apply if the remedies applied are unreasonably prolonged.

(d) The Committee holds closed session while examining the applications provided for in this article.

(e) Without prejudice to subparagraph (c) of this article, the Committee shall make goodwill attempts with the States Parties concerned to settle the question amicably on the basis of respect for human rights and fundamental freedoms recognized in this Convention.

(f) The Committee may, on any question referred to it, call upon the States Parties referred to in subparagraph (b) to provide the Committee with the necessary information.

(g) When the matter is considered in the Committee, the States Parties referred to in subparagraph (b) have the right to be represented on the Committee and to make oral and/or written statements.

(h) The Committee prepares a report in the following ways within twelve months after receiving the notification referred to in subparagraph (b):

(i) If a conclusion has been reached as provided for in subparagraph (e), the Committee shall limit its report to a brief setting out of the facts and an indication of the conclusion reached;

(ii) If no conclusion has been reached as provided for in subparagraph (e), the Committee limits its report to a brief statement of facts; The written statements and the minutes of the oral statements of the States Parties concerned are also attached to this report.

In any case, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall enter into force when ten States Parties to the Convention make a notification pursuant to paragraph 1 of the article. States Parties shall transmit such notifications to the Secretary-General of the United Nations, who shall send a copy of them to the other States Parties. 

 

ARTICLE 42

 

1. (a) If a problem referred to the Committee in accordance with Article 41 has not been resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, establish an ad hoc Conciliation Commission (hereinafter the Commission). The Commission shall make goodwill attempts with the States Parties concerned to seek an amicable settlement of the question on the basis of respect for this Convention;

(b) The Commission shall consist of five persons to be accepted by the States Parties concerned. If the States Parties concerned are unable to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission who cannot reach an agreement shall be elected by secret ballot and by a two-thirds majority among themselves and by the members of the Committee.

2. The members of the commission shall serve in their personal capacity. They may not be nationals of the States Parties concerned, of a State that is not a Party to this Convention, or of a State Party that has not made a notification pursuant to Article 41.

3. elects the Chairman of the Commission himself; determines its own working methods.

4. Meetings of the Commission are normally held at United Nations Headquarters or at the United Nations Office in Geneva. However, meetings may also be held at other suitable places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat established in accordance with Article 36 shall also carry out the work of the Commissions to be established pursuant to this Article.

6. Information obtained and compiled by the Committee is also provided to the Commission, and the Commission may call on States Parties concerned to provide other necessary information.

7. After the Commission has fully examined the problem, but in any case no later than twelve months from its handling of the problem, it shall submit a report to the Chairman of the Committee for notification to the States Parties concerned.

(a) If the Commission has not completed its examination of the question within twelve months, it limits its report to a brief description of its work;

(b) If an amicable solution has been found on the basis of respect for human rights recognized in this Convention, the Commission limits its report to a brief description of the facts and conclusions;

(c) If the conclusion as provided for in subparagraph (b) has not been reached, the Commission's report shall contain the findings of all the facts concerning the problems between the States Parties concerned and the Commission's views on the possibilities for an amicable settlement of the problem. This report shall also include the minutes of written and oral submissions of the States Parties concerned.

(d) If the Commission's report has been submitted in the form provided for in subparagraph (c), the States Parties concerned shall notify the Chairman of the Committee, within three months of receiving the report, whether they agree with the points set out in the Commission's report.

8. The provisions of this article are without prejudice to the Committee's responsibilities under article 41.

9. The States Parties concerned shall equally share all the expenditures of the members of the Commission, according to estimates to be determined by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations is authorized, if necessary, to meet the expenses of the members of the Commission before the States Parties concerned make payments pursuant to paragraph 9 of this article.

 

ARTICLE 43

 

Members of the Committee and members of ad hoc conciliation commissions that may be appointed pursuant to Article 42 are entitled to enjoy the facilities, privileges and immunities provided for experts serving on behalf of the United Nations in the relevant parts of the United Nations Convention on the Privileges and Immunities.

 

ARTICLE 44

 

The provisions regarding the implementation of this Convention shall be without prejudice to the procedures to be followed in the field of human rights envisaged in the founding documents and conventions of the United Nations and its specialized agencies, and these provisions shall be applicable in accordance with the general or special international agreements in force among themselves. does not prevent them from resorting to other methods to solve it.

 

ARTICLE 45

 

The Committee submits annual working reports to the United Nations General Assembly through the Economic and Social Council.

 

CHAPTER V

 

ARTICLE 46

 

Nothing in this Convention shall be construed to prejudice the provisions of the United Nations Charter and the founding documents of specialized agencies, which set out the responsibilities of the United Nations and its various organs in the matters covered by this Convention.

 

ARTICLE 47

 

Nothing in this Convention shall be interpreted as impairing the inherent right of all peoples to enjoy and use their natural wealth and resources fully and freely.

 

SECTION VI

 

ARTICLE 48

 

1. This Convention is open for signature by all States which are members of the United Nations or of any of its specialized agencies or which are Parties to the Statute of the International Court of Justice, or by any other State called upon by the General Assembly of the United Nations to become a Party to this Convention.

2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Convention shall be open for accession by any State referred to in paragraph 1 of this Article.

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

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

 

ARTICLE 49

 

1. This Convention shall enter into force three months after the date of the transmission to the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. After the deposit of the thirty-fifth instrument of ratification or instrument of accession, this Convention shall enter into force with respect to each ratifying or acceding State three months after the deposit by that State of its instrument of ratification or instrument of accession.

 

ARTICLE 50

 

The provisions of this Convention shall apply without limitation or exception to all parts of the Federal States.

 

ARTICLE 51

 

1. Any State Party to the present Covenant may propose amendments and transmit them to the Secretary-General of the United Nations. The Secretary-General shall thereupon send all proposed amendments to the States Parties to the present Covenant, asking them to indicate whether they are in favor of convening a conference of States Parties for the purpose of considering and voting on such proposals. If at least one third of the States Parties support the convening of such a conference, the Secretary-General shall convene such a 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 ratification.

2. Amendments shall enter into force upon ratification by the General Assembly of the United Nations and acceptance by two-thirds of the States Parties to the present Covenant in accordance with their respective constitutional rules.

3. When the amendments enter into force, they shall be binding on the States Parties which have adopted them; the other States Parties shall remain bound by the provisions of the present Covenant and the amendments previously adopted by them.

 

ARTICLE 52

 

The Secretary-General of the United Nations shall be obliged to notify all States referred to in paragraph 1 of the same Article, except for the notifications referred to in paragraph 5 of Article 48, of

(a) the signatures, ratifications and accessions referred to in Article 48

(b) the date of entry into force of this Convention in accordance with Article 49 and the date of entry into force of an amendment in accordance with Article 51.

 

ARTICLE 53

 

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

2. The Secretary-General of the United Nations shall send certified copies of this Convention to all States referred to in Article 48.

 

FIRST DECLARATION

 

Text of the declaration made by the Republic of Turkey at the time of ratification of the International Covenant on Civil and Political Rights.

"The Republic of Turkey declares that it will fulfill its obligations under the present Covenant in accordance with its obligations under the UN Charter (in particular Articles 1 and 2)."

Text of the Declaration made by the Republic of Turkey upon ratification of the International Covenant on Civil and Political Rights.

"The Republic of Turkey declares that; it will implement its obligations under the Covenant in accordance with the obligations under the Charter of the United Nations (especially Article 1 and 2 thereof)."

 

SECOND DECLARATION

 

Text of the declaration made by the Republic of Turkey at the time of ratification of the International Covenant on Civil and Political Rights.

"The Republic of Turkey declares that the provisions of the present Covenant shall apply only to States Parties with which it has diplomatic relations."

Text of the declaration made by the Republic of Turkey upon ratification of the International Covenant on Civil and Political Rights.

"The Republic of Turkey declares that it will implement the provisions of this Covenant only to the States with which it has diplomatic relations."

 

THIRD DECLARATION

 

Text of the declaration made by the Republic of Turkey at the time of ratification of the International Covenant on Civil and Political Rights.

"The Republic of Turkey declares that the present Covenant has been ratified only to the extent of the territorial limits within which the Constitution and the legal and administrative order of the Republic of Turkey are in force."

Text of the Declaration made by the Republic of Turkey upon ratification of the International Covenant on Civil and Political Rights.

"The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied."

 

RESTRICTION

 

Text of the reservation made by the Republic of Turkey to article 27 of the International Covenant on Civil and Political Rights at the time of ratification.

"The Republic of Turkey reserves the right to apply Article 27 of the Covenant in accordance with the relevant provisions and procedures of the Constitution of the Republic of Turkey and the Treaty of Lausanne of 24 July 1923 and its Annexes."

Text of the Reservation of the Republic of Turkey upon ratification of the International Covenant on Civil and Political Rights.

"The Republic of Turkey reserves the right to interpret and apply the provisions of Article 27 of the International Covenant on Civil and Political Rights in accordance with the relevant provisions and rules of the Constitution of the Republic of Turkey and the Treaty of Lausanne of 24 July 1923 and its Appendixes."

 

Source: IHOP

 

http://www.ihop.org.tr