Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation v the undertaking to develop detailed plans of action where compulsory primary education is not yet secured – art. 14;36 v the right to take part in cultural life, to enjoy the benefits of scientific progress and to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which one is the author – art. 15. 2.2.3 Permissible limitations on rights The International Covenant on Economic, Social and Cultural Rights contains a general limitation in article 4, whereby the State may subject the enjoyment of the rights guaranteed by the Covenant “only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society”. Furthermore, limitations relating to the exercise of specific rights are also contained in article 8(1)(a) and (c), where the exercise of the right to form and join trade unions, as well as the right of trade unions to function freely, may be subjected to no restrictions other than “those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others”. From the travaux préparatoires relating to article 4 it is clear that it was considered important to include the condition that limitations had to be compatible with a democratic society, that is to say, “a society based on respect for the rights and freedoms of others”;37 otherwise, it was suggested, the text might instead “very well serve the ends of dictatorship”.38 Unlike the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights does not contain any provision permitting derogations from the legal obligations incurred thereunder. It is therefore logical that none of the rights contained in this Covenant has been made specifically non-derogable. However, as noted by a member of the Committee on Economic, Social and Cultural Rights, “the specific requirements that must be met in order to justify the imposition of limitations in accordance with article 4 will be difficult to satisfy in most cases”.39 In particular, for a limitation to be compatible with article 4, it would have to be “determined by law”, “compatible with the nature of these rights”, and solely designed to promote “the general welfare in a democratic society”.40 36 General Comment No. 11 (Plans of action for primary education – art. 14), ibid., pp. 63-66. 37 See UN doc. E/CN.4/SR.235, p. 9, statement by Mr. Ciasullo of Uruguay. 38 See ibid., p. 20 and also p. 11, statement by Mr. Eustathiades of Greece. 39 See Philip Alston, “The International Covenant on Economic, Social and Cultural Rights”, in Manual on Human Rights Reporting, p. 74. 40 Ibid., loc. cit. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 41