Page 31 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ
P. 31

2




               2. Where not already provided for by existing legislative or other measures, each State Party to the
               present Covenant undertakes to take the necessary steps, in accordance with its constitutional
               processes and with the provisions of the present Covenant, to adopt such laws or other measures as
               may be necessary to give effect to the rights recognized in the present Covenant.

               3. Each State Party to the present Covenant undertakes:

               (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have
               an effective remedy, notwithstanding that the violation has been committed by persons acting in an
               official capacity;

               (b) To ensure that any person claiming such a remedy shall have his right thereto determined by
               competent judicial, administrative or legislative authorities, or by any other competent authority
               provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

               (c) To ensure that the competent authorities shall enforce such remedies when granted.

               Article 3

               The States Parties to the present Covenant undertake to ensure the equal right of men and women to
               the enjoyment of all civil and political rights set forth in the present Covenant.

               Article 4

               1 . In time of public emergency which threatens the life of the nation and the existence of which is
               officially proclaimed, the States Parties to the present Covenant may take measures derogating from
               their obligations under the present Covenant to the extent strictly required by the exigencies of the
               situation, provided that such measures are not inconsistent with their other obligations under
               international law and do not involve discrimination solely on the ground of race, colour, sex, language,
               religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18
               may be made under this provision.

               3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately
               inform the other States Parties to the present Covenant, through the intermediary of the Secretary-
               General of the United Nations, of the provisions from which it has derogated and of the reasons by
               which it was actuated. A further communication shall be made, through the same intermediary, on the
               date on which it terminates such derogation.

               Article 5

               1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any
               right to engage in any activity or perform any act aimed at the destruction of any of the rights and
               freedoms recognized herein or at their limitation to a greater extent than is provided for in the present
               Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human
               rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions,
               regulations or custom on the pretext that the present Covenant does not recognize such rights or that
               it recognizes them to a lesser extent.

                                                          PART III

               Article 6


               1. Every human being has the inherent right to life. This right shall be protected by law. No one shall
               be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence
               of death may be imposed only for the most serious crimes in accordance with the law in force at the
               time of the commission of the crime and not contrary to the provisions of the present Covenant and to
   26   27   28   29   30   31   32   33   34   35   36