A/RES/40/114 GA

VI. Resolutions adopted on the reports of the Third Committee 229 tions 20 (XXXIV) of 8 March 1978, 112 19 (XXXV) of 14 March 1979,113 36 (XXXVI) of 12 March 1980,25 26 (XXXVII) of 10 March 1981,26 1982/39 of 11 March 1982, 27 1983/52 of 10 March 1983, 28 1984/24 of 8 March 198429 and 1985/50 of 14 March 1985,30 as well as Econo- mic and Social Council resolutions 1978/18 of 5 May 1978, 1978/40 of 1 August 1978, 1982/37 of7 May 1982, 1983/39 of 27 May 1983, 1984/25 of 24 May 1984 and I 985/42 of 30 May 1985 and Council decisions 1980/ 138 of2 May 1980 and 1981/144 of8 May 1981, Reaffirming, on the fortieth anniversary of the United Nations, that children's rights require special protection and call for continuous improvement of the situation of children all over the world, as well as their development and education in conditions of peace and security, Profoundly concerned that the situation of children in many parts of the world remains critical as a result of unsatisfactory social conditions, natural disasters, armed conflicts, exploitation, hunger and disability, and convin- ced that urgent and effective national and international action is called for, Mindful of the important role of the United Nations Children's Fund and the United Nations in promoting the well-being of children and their development, Convinced that an international convention on the rights of the child would make a positive contribution to ensuring the protection of children's rights and their well- being, Welcoming the growing interest in the elaboration of an international convention on the rights of the child dis- played by a great number of Member States representing all geographical regions and socio-political systems, as well as by governmental and non-governmental international organizations, Noting with appreciation that further progress was made during the forty-first session of the Commission on Human Rights in the elaboration ofa draft convention on the rights of the child, 114 Noting the document entitled "Status of elaboration of a draft convention on the rights of the child", submitted by Poland, 115 1. Welcomes Economic and Social Council resolution 1985/42, in which the Council authorized a meeting of an open-ended working group of the Commission on Human Rights for a period of one week prior to the forty-second session of the Commission with a view to completing the work on a draft convention on the rights of the child; 2. Requests the Commission on Human Rights to give the highest priority to, and to make every effort at its forty- second session to complete, the draft convention and to submit it, through the Economic and Social Council, to the General Assembly at its forty-first session; 3. Invites all Member States to offer their active contri- bution to the completion of the draft convention on the rights of the child at the forty-second session of the Com- mission on Human Rights; 4. Requests the Secretary-General to provide all neces- sary assistance to the working group in order to ensure its smooth and efficient work in the fulfilment of its impor- tant task; 5. Decides to include in the provisional agenda of its forty-first session the item entitled "Question of a conven- tion on the rights of the child". 116th plenary meeting 13 December 1985 11 2 See Official Records o{the Economic arui Social Counc,I, /978. Supple men/ No. 4(E/1978/34), chap. XXVI, sect. A. ll3 /bid., 1979, Supplement No. 6 (E/1979/36), chap. XXIV. sect. A. 40/114. Indivisibility and interdependence of econo- mic, social, cultural, civil and political rights The General Assembly. Mindful of the obligations of States under the Charter of the United Nations to promote social progress and better standards of life in larger freedom and universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, lan- guage or religion, Recalling the Universal Declaration of Human Rights,6 as well as the International Covenant on Economic, Social and Cultural Rights7 and the International Covenant on Civil and Political Rights, 7 Acknowledging that the International Covenant on Eco- nomic, Social and Cultural Rights and the International Covenant on Civil and Political Rights have created new standards and obligations to which States should conform, Recalling that 1986 marks the twentieth anniversary of the adoption of the International Covenants on Human Rights, 24 Also recalling the Declaration on Social Progress and Development, based on the Charter of the United Nations and solemnly proclaimed on 11 December 1969,85 Taking note of the 1985 Report on the World Social Sit- uation,81 Reaffirming the provisions of its resolution 32/ l 30 of 16 December 1977 that all human rights and fundamental freedoms are indivisible and interdependent and that the promotion and protection of one category of rights can never exempt or excuse States from the promotion and protection of the other rights, Convinced that the full realization of civil and political rights is inseparably linked with the enjoyment of econo- mic, social and cultural rights, Convinced also that the achievement of lasting progress in the implementation of human rights is dependent upon sound and effective national and international policies of economic, social and political development, Desirous of removing all obstacles to the full realization of human rights, in particular colonialism, neo-colonial- ism, racism, racial discrimination in all its forms, apart- heid, foreign intervention, occupation, aggression, discrim- ination and domination, Recognizing the fundamental rights of every people to exercise full sovereignty over its natural wealth and resources, Recognizing also that the realization of the right to development could help to promote the enjoyment of eco- nomic, social and cultural rights, Reaffirming that there is a close relationship between disarmament and development, that progress in the field of disarmament could considerably promote progress in the field of development and that resources released through disarmament measures would contribute to the economic and social development and well-being of all peoples, in particular those of the developing countries, Recalling Commission on Human Rights resolution 1985/42 of 14 March 1985, in which the Commission stated that the promotion and implementation of econo- mic, social and cultural rights and the obstacles to their realization have not received sufficient attention within the framework of United Nations organs, 30 Requesting the Secretary-General to enhance his efforts under the programme of advisory services to States in the 11 4 /hid., /985, Supplemefll So 2 (f, 1985122), chap. XIII. I I 5 .\'C.3/40/3 and Corr. I 230 General Assembly-Fortieth Session implementation of the International Covenants on Human Rights, I. Recognizes that equal attention should be given to the implementation, promotion and protection of econo- mic, social and cultural rights and civil and political rights; 2. Appeals to all States, on the occasion of the twenti- eth anniversary of the adoption of the International Cove- nants on Human Rights, to pursue policies directed to the full implementation of the rights contained therein; 3. Requests the Commission on Human Rights to con- tinue its consideration of the realization of economic, social and cultural rights and to submit to the General Assembly at its forty-second session, through the Econo- mic and Social Council, its views and recommendations on these human rights; 4. Welcomes the decision of the Economic and Social Council, in its resolution 1985/17 of 28 May 1985, to establish the Committee on Economic, Social and Cultural Rights, which will be entrusted from 1987 on with the important task of overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights; 5. Encourages Governments to give careful considera- tion to nominations for membership of the Committee on Economic, Social and Cultural Rights in due recognition of the status of Committee members as experts with recog- nized competence in the field of human rights, serving in their personal capacity; 6. Urges the Secretary-General to take determined steps, within existing resources, to give publicity to the Committee on Economic, Social and Cultural Rights and to ensure that it receives full administrative support in order to enable it to commence its functions effectively; 7. Decides to convene, on 16 December 1986, during its forty-first session, a commemorative plenary meeting of the General Assembly devoted to the twentieth anniver- sary of the adoption of the International Covenants on Human Rights; 8. Decides also to discuss at its forty-first session, under the item entitled "International Covenants on Human Rights", the question of the indivisibility and interdependence of economic, social, cultural, civil and political rights. 116th plenary meeting 13 December I 98 5 40/115. International Covenants on Human Rights The General Assembly, Recalling its resolutions 33/51 of 14 December 1978, 34/45 of 23 November 1979, 35/132 of 11 December 1980, 36/58 of 25 November 1981, 37 /191 of 18 Decem- ber 1982, 38/116 and 38/117 of 16 December 1983, and 39/136 and 39/138 of 14 December 1984, Taking note of the report of the Secretary-General 116 on the status of the International Covenant on Economic, Social and Cultural Rights, 7 the International Covenant on Civil and Political Rights7 and the Optional Protocol to the International Covenant on Civil and Political Rights,7 Noting with appreciation that, following its appeal, more Member States have acceded to the International Cove- nants on Human Rights, 24 Recognizing the important role of the Human Rights Committee in the implementation of the International 116 A/40/605. 11 7 Official Records of the General Assembly. f'onieth Session. Supplemem No. 40 (A/40/40). Covenant on Civil and Political Rights and the Optional Protocol thereto, Taking into account the useful work of the Sessional Working Group of Governmental Experts on the Imple- mentation of the International Covenant on Economic, Social and Cultural Rights, Bearing in mind the important responsibilities of the Economic and Social Council in relation to the Interna- tional Covenants on Human Rights, Calling attention to the twentieth anniversary, in 1986, of the adoption of the International Covenant on Econo- mic, Social and Cultural Rights and the International Cov- enant on Civil and Political Rights, I. Takes note with appreciation of the report of the Human Rights Committee on its twenty-third, twenty- fourth and twenty-fifth sessions, 117 and expresses its satis- faction with the serious and constructive manner in which the Committee is continuing to perform its functions; 2. Expresses its appreciation to those States parties to the International Covenant on Civil and Political Rights that have submitted their reports to the Human Rights Committee under article 40 of the Covenant and urges States parties that have not yet done so to submit their reports as speedily as possible; 3. Urges those States parties to the International Cove- nant on Civil and Political Rights that have been requested by the Human Rights Committee to provide additional information to comply with that request; 4. Commends those States parties to the International Covenant on Economic, Social and Cultural Rights that have submitted their reports under article 16 of the Cove- nant and urges States that have not yet done so to submit their reports as soon as possible; 5. Notes with satisfaction that the majority of States parties to the International Covenant on Civil and Politi- cal Rights, and an increasing number of States parties to the International Covenant on Economic, Social and Cul- tural Rights, have been represented by experts for the pres- entation of their reports, thereby assisting the Human Rights Committee and the Economic and Social Council in their work, and hopes that all States parties to both Covenants will arrange such representation in the future; 6. Again urges all States that have not yet done so to become parties to the International Covenant on Econo- mic, Social and Cultural Rights and the International Cov- enant on Civil and Political Rights, as well as to consider acceding to the Optional Protocol to the International Covenant on Civil and Political Rights; 7. Invites the States parties to the International Cove- nant on Civil and Political Rights to consider making the declaration provided for in article 41 of the Covenant; 8. Emphasizes the importance of the strictest compli- ance by States parties with their obligations under the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Politi- cal Rights and, where applicable, the Optional Protor,ol to the International Covenant on Civil and Political Rights; 9. Stresses the importance of avoiding the erosion of human rights by derogation and underlines the necessity of strict observance of the agreed conditions and procedures for derogation; I 0. Recommends to States parties that they continually review whether any reservation made in respect of the pro- visions of the International Covenants on Human Rights should be upheld:

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