3.
Treaties: covenants and conventions
International Covenant on Economic, Social and Cultural Rights
22. The International Covenant on Economic, Social and Cultural Rights entered into force
in January 1976 and currently has 147 States parties.¹ Article 11, stating the right of
everyone to an adequate standard of living, is particularly important to the rights of
prisoners. This right, as stated in article 11, paragraph 1, includes the right to adequate
food, clothing and housing and to the continuous improvement of living conditions.
Moreover, article 11, paragraph 2, recognizes the fundamental right of everyone to
be free from hunger. In addition, in articles 6, 7, 8, 9, 10, 12, 13 and 15 the Covenant
details the rights to work; to reasonable conditions of employment; to organize trade
unions; to social security and social insurance; to protection of families and children;
to health; to education; and to take part in cultural life. The implementation of the
Covenant is monitored by the Committee on Economic, Social and Cultural Rights.
23. In May 1999, the Committee on Economic, Social and Cultural Rights adopted
General Comment No. 12 (1999) on the right to adequate food (art. 11 of the
Covenant). In November 2002, it adopted General Comment No. 15 (2002) on the
right to water (arts. 11 and 12 of the Covenant). Both the right to adequate food
and the right to drinking water are relevant to this Manual in relation to conditions
of imprisonment and detention. The General Comments have firmly placed the
rights to adequate food and drinking water into a rights-based approach to development, where countries have obligations to fulfil, respect and protect human rights.
International Covenant on Civil and Political Rights
24. The International Covenant on Civil and Political Rights entered into force in March
1976. It currently has 149 States parties. In articles 6, 7, 8, 9, 10, 11, 14 and 15,
the Covenant details the right to life; the prohibition of torture; the prohibition of
slavery, servitude and forced labour; the prohibition of arbitrary arrest or detention;
the rights of all persons deprived of their liberty; the prohibition of imprisonment
for failure to fulfil a contractual obligation; the right to a fair trial; and the prohibition
of retroactive penal measures. The Covenant is a legally binding instrument which
must be respected by Governments and their institutions, including prison authorities.
The implementation of the Covenant is monitored by the Human Rights
Committee, which was established under the terms of the Covenant itself.
Optional Protocol to the International Covenant on Civil and Political Rights
25. The first Optional Protocol to the International Covenant on Civil and Political
Rights entered into force simultaneously with the Covenant and currently has 104
States parties. This additional instrument enables the Human Rights Committee to
receive and consider communications from individuals under the jurisdiction of a
State party claiming to be victims of a violation of any of the rights set forth in the
Covenant. In considering such complaints, the Committee has developed a considerable body of practice, which provides useful guidance in interpreting the implications of the Covenant for the work of prison officials.
¹ For lists of States parties to the various treaties (updated to March 2003) and for excerpts from and full texts
of the instruments discussed in this Manual, see Addendum 1: A Compilation of International Human Rights
Instruments concerning the Administration of Justice.
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