Background

The Human Rights Committee, in accordance with article 40, paragraph 4, of the International Covenant on Civil and Political Rights, and Rule 76 of its Rules of Procedure, is mandated to prepare general comments on the various articles and provisions of the Covenant with a view to assisting States parties in fulfilling their obligations under the Covenant.

The Human Rights Committee decided at its 144th session (13 June to 17 July 2025) to develop a General Comment on article 22 of the International Covenant on Civil and Political Rights, in the light of experience obtained in the review of State reports and communications on this right.

Article 22 of the ICCPR provides as follows:

“1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.”

To start the process, the Committee decided to call for input from unions, national human rights institutions, civil society, academia and international organizations to provide relevant information to be taken into consideration by the Committee during the preparation of the first draft.

The Committee designated Hélène Tigroudja as the Rapporteur for the drafting of the General Comment.

The concept note on the upcoming General Comment No. 38 is available in English, Francais, and Español, the working languages of the Committee.

The deadline for submissions is 19 December 2025. Input can be submitted in English, French and Spanish. There is no word limit for the submissions. Input must be submitted by email to the Secretariat at cherry.balmaceda@un.org (please copy ohchr-ccpr@un.org). Further queries can be sent to the Secretariat of the Committee at ohchr-ccpr@un.org.