UN Human Rights Treaties

United Nations Nations Unies UNRESTRICTED
ECONOMIC CONSEIL E/CN.4/21 1 July 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
COMMISSION ON HUMAN EIGHTS
DRAFTING COMMITTEE ON AN HJTERHATIOML BILL OF HUMAN RIGHTS
FIRST SESSION
REPORT OF THE DRAFTING COMMITTEE TO THE COMMISSION ON HUMAN RIGHTS
CHAPTER I Introduction
1. The Drafting Committee of the Commission on Human Rights held its First
Session during the period 9 to 25 June 1947, with the following
Representatives in attendance:
Lf. Col, W. R. Hodgson Representative of Australia
Mr. H. Santa Cruz " " Chile
Dr. P. C Chang " " China
Prof- Rene Cassin " " France
Dr- Charles Malik " " Lebanon
Prof. V. Koretsky " " Union of Soviet
Socialist
Republics
Mr Geoffrey Wilson " " United Kingdom
Mrs, Franklin D, Roosevelt " " United States of
America
2. Mr. Ralph Harry represented Lt. Col. W, R. Hodgson (Australia) at
most meetings. Mr. H. Santa Cruz represented Mr. Felix Nieto Del Rio (Chile). Mr. Pierre Ordonneau represented Prof,' Rene Cassin (France) at the last four meetings. Prof. J. Koretsky represented Mr. V. F. Tepliakov (Union of Soviet Socialist Republics). Mr. Geoffrey Wilson represented Lord Dukes ton (United Kingdom). Mr, James p. Hendrick represented Mrs, Franklin D. Roosevelt (United States of America) at parts of two meetings.
3. The Specialized Agencies were, represented at the Drafting Committee as
follows:
United Nations Educational, Scientific
and Cultural Organization: Mr. J. Havet
4. Consultants

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4. Consultants in attendance were:
American Federation of Labor: Miss Toni Sender
International Co-operative Alliance: Mrs. H. Fuhrman
5. The Drafting Committee elected the Officers of the Commission on
Human Rights as its Officers:
Mrs. Franklin D. Roosevelt as Chairman; Dr. P. C. Chang as Vice-Chairman; and Dr. Charles Malik as Rapporteur.
6. Professor John P. Humphrey was Secretary of the Drafting Committee.
7. The drafting Committee adopted the Provisional Rules of Procedure of the Commission on Human Rights as its Rules of Procedure.
8. The drafting Committee authorized the Chairman, or in the absence
of the Chairman, the Rapporteur, to present this Report to the Commission on Human Sights.
9. The expression of the views of the Members of the Drafting Committee
is embodied in the verbatim and summary records of the meetings.
CHAPTER II Preliminary Draft of an International Bill of Human Rights
10. The Drafting Committee reviewed its terms of reference as contained
in the letter of the Chairman of the Commission on Human Rights of
24 March 1947 (document E/383) to the President of the Economic and Social Council, and approved by decision of the Council of 28 March 1947 (document E/325) It noted in particular that its function in this session was to prepare on the basis of documentation supplied by the Secretariat, a preliminary draft of an International Bill of Human Rights.
11. In addition to the Draft Outline of an International Bill of Human Rights
prepared by the Secretariat (document E/CN.AC.1/3, constituting Annex A
of this Report and document E/CN.4/AC.1/3/Add.1, issued as a separate volume), the Drafting Committee had before it the text of a letter from Lord Dukeston, the United Kingdom Representative on the Commission on Human Rights, transmitting (a) a draft International Bill of Human Rights and (b) a draft resolution which might be passed by the General Assembly
/when adopting

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when adopting an International Bill of Human Bights (document E/CN.4/AC.1/4), constituting Annex B of this Report. These two documents were considered and compared, together with certain United States proposals for the rewording of some items appearing in the Secretariat Draft Outline (documents S/CN.4/AC.1/8 and Revs. 1 and 2); constituting Annex C of this Report.
12. Concerning the form which the Preliminary Draft might take, two
views were put forward. In the opinion of some Representatives it was
necessary that the Preliminary Draft, in the first instance, should take
the form of; a Declaration or Manifesto; others felt that it should be
in the form of a Convention. It was agreed, however, by those who favoured the Declaration form that the Declaration should be accompanied or followed by a Convention or Conventions on specific groups of rights. It was also agreed by those who favoured the Convention form that the General Assembly in recommending a Convention to Member Nations might make a Declaration wider in content and more general in expression. The Drafting Committee, therefore, while recognizing that the decision as to the form of the Bill was a matter for the Commission, decided to attempt to prepare two documents, one a working paper in the form of a Preliminary Draft of a Declaration or Manifesto setting forth general principles, and the second a working paper outlining a Draft Convention on those matters which the Committee felt might lend themselves to formulation as binding obligations.
13. The Committee established a temporary working group, composed of the.
Representatives of France, Lebanon, and the United Kingdom, with the
Chairman of the Committee as an ex officio member. It requested, this
working group:
(a) to suggest a logical re-arrangement of the articles of the Draft Outline supplied by the Secretariat;
(b) to suggest a redraft of the various articles in the light of the discussions of the Drafting Committee: and
/(c) to suggest

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(c) to suggest to the Drafting Committee how the substance .
of the articles might foe divided between a Declaration and a Convention.
14. The temporary working group had three meetings, and after a general, discussion decided to request Professor Cassin to undertake the writing of a draft Declaration based on those Articles in the Secretariat Online which he considered should go into such a Declaration It was the consensus of opinion that such a' document would have greater unity if drawn up by one person." The Representatives of the United Kingdom and Lebanon, together with the Chairman, were asked independently to go over the Secretariat Outline and the United Kingdom draft with a view to determining which Articles could readily lend/themselves to a Convention.
Professor Cassin produced a draft containing a Preamble and forty-four suggested Articles. The working group revised the Preamble and the first six Articles before submitting them to the Drafting Committee (document E/CN.4/AC.1/W.1) The remaining Articles were submitted to the Drafting Committee in the form proposed by Professor Cassin (document E/CN.4/AC.1/W.2/Rev.1)constituting part of Annex D of this Report.
The Chairman, the Representative of Lebanon and the Representative of the United Kingdom agreed that the Articles contained in Part XI of the Draft Convention (Annex I of document E/CN.4/AC.1/4) in the United Kingdom , document could be submitted to the Commission on Human Rights as possibly forming the basis of a draft Convention and that the following three subjects might be added to this draft:
(a) physical integrity, torture and cruel punishments;
(b) the right to a legal personality; and
(c) the right of asylum.
15. The Drafting Committee read the draft Preamble, but recognized that its final wording could not be determined until later. The various suggestions for a Preamble of the Manifesto or Declarationarefoundsin Annex E of this Report.
/16. The Drafting Committee

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16. The drafting Committee considered In detail each of the six draft
Articles submitted by the working group, then considered in like' detail
the remaining draft Articles submitted by Professor Cassin. Members made
comments on the form and substance of the various articles. These comments
are found in the varbatim and summary records. All Members of the Drafting
Committee understood that nothing said by any of them during, the session
was to be considered binding upon their Governments, and reserved the right
to make further suggestions at a later stage. Professor Koretsky's remarks
were confined in the main to procedural matters, and for all issues he
specifically reserved the right to present the observations and proposals of his Government at a later stage. The United States reserved the right
to urge before the Commission on Human Rights the inclusion of its rewording
of certain Secretariat Articles in the Draft Declaration (Annex C of this Report)
17. The Drafting Committee accepted Professor Cassin's offer to prepare,
on the basis of the discussion of his draft, a revised Draft Declaration.
This Draft (document E/CN.4/AC.1/W.2/Rev.2) was examined by the Drafting
Committee and further revised. It was agreed that where more than one
view was expressed, all alternatives would on request be included The
result of this examination is embodied in Annex F of this Report, which
is submitted to the Commission on Human Rights as a working paper for a
preliminary draft of an International Manifesto or Declaration on Human
Rights.
18. The Drafting Committee used Annex I, part 2 of the United Kingdom
proposal (document E/CN.4/AC.1/4) as the basis for a general examination of
the possible, substantive contents of a Draft Convention. The result of
this examination is embodied in Annex G of this Report, which is submitted
to the Commission on Human Rights as a working paper for a preliminary
draft of an International Convention on Human Rights which the Commission
may wish to consider and elaborate.
/CHAPTER III

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CHAPTER III
The Question of Implementation of an International Bill of Human Sights
19. The Drafting Committee found it necessary from time to time to take
into account possible methods of enforcement, particularly when considering
the problem of a Draft Convention and the United Kingdom proposals. It
devoted one meeting specifically to the question of implementation, taking
as a basis for discussion a paper prepared by the Secretariat (Paragraphs 1-13
of Annex H of this Report).
The Crafting Committee acted on the assumption that the international community must ensure the observance of the rights to he included in the International Bill of Human Bights. However, a vide range of views was expressed as to the precise manner in which this objective could he achieved.
The following is a summary of the principal observations made by one or more individual members of the Drafting Committee during the discussion:
(a) that a Declaration of Human Bights and Fundamental Freedoms
in a resolution of the General Assembly would in itself have
considerable moral weight; but
(b) that a more effective method for establishing human rights
would be to embody them in a Convention in which the signatories
would recognize them as international law;
(c) that the signatories of such a Convention should also accept the obligation. to ensure that these rights be enforceable by domestic laws in domestic courts; (it was clear from the discussion that in this connection the position of federal States, of States without written constitutions and of States where law has not beer, codified would require special study),.
(d) that among possible deterrents against violation of a Convention are publicity and international censure which might be achieved by
(i) petitions by individuals and groups to the United flattens, (ii) extension of the powers; of the Human Rights Commission
/or creation

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or creation of new machinery within the framework of the United Nations to receive, sift, examine and deal with communications alleging the violation of human rights, (ill) requests by the Secretary-General to Member Nations for reports on their observance of human rights, (iv) discussion in the General Assembly;
(e) that an International Court of Human Rights, along the lines of the Australian proposal, be established for the adjudication of cases of alleged violation of human rights;
(f) that any State persistently violating human rights should be expelled from the United Nations.
None of the above suggestions was approved by the Drafting Committee as such; Indeed strong objections were voiced against many of them. The Drafting Committee merely transmits them to the Commission on Human Bights for its information.
20. The Drafting Committee considered that In addition to enforcement measures the United Nations should promote through education the widest possible respect for human rights. It was suggested by individual Members of the Drafting Committee that a special International organ might be required for this purpose. The Committee also recognized that observance of human rights could not be completely ensured unless conditions of social progress and better standards of life were established in larger freedom.
/ANNEX A

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ANNEX A COMMISSION ON HUMAN BIGHTS REPORT OF. THE CRAFTING COMMITTEE ON AN INTERNATIONAL BILL OF HUMAN EIGHTS DRAFT OUTLINE OF AN INTERNATIONAL BILL OF HUMAN RIGHTS (PREPARED BY THE DIVISION OF HUMAN EIGHTS OF THE SECRETARIAT)

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The Preamble shall refer to the four freedoms and to the provisions of the Charter relating to human rights and shall enunciate the following principles:
1. that there can be no peace unless human rights and freedoms are respected;
2. that man does not have rights only; he owes duties to the society of which he forms part;
3. that man is a citizen both of his State and of the world;
4. that there can bo no human freedom or dignity unless war and the threat of war is abolished.
ARTICLE 1 Every one owes a duty of loyalty to his State and to the (international society) United Nations. He must accept his Just share of responsibility for the performance of such social duties and his share of such common sacrifices as may contribute to the common good,
ARTICLE 2 In the exercise of his rights every one is limited by the rights of others and by the Just requirements of the State and of the United nations.
ARTICLE 3 Every. one has the right to life. This right can be denied only to persons who have been convicted under general law of some crime to which the death penalty is attached.
ARTICLE 4 No one shall be subjected to torture, or to any unusual punishment or indignity.
ARTICLE 5 Every one has the right to personal liberty.

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Le Pre"aiabule se referera aux quatre libertes et aux dispositions de la Charte concernant les droits de I'homme et formulera lea principes suivants 1, II ne peut y avoir de paix si les droits de l'homme et lea libertes fondsmentales ne sont pas respecters;
2. L'homme n'a pas seulement dee droits; il a aussi des devoirs
envers la societe dont il fait partie;
3. Tout homme est a la fois citoyen de son pays et citoyen du monde;
II ne peut y avoir de liberte et de dignite pour I'homme si
la guerre et la menace de guerre ne sont pas supprimees.
ARTICLE 1 Tout individu a un devoir de loyaute envers 1'Etat dont il releve et envers (la societe internatioale) les Nations Uriies. II doit prendre sa Juste part de responsabilite dans I'accompllssement de ses devoirs envers la societe et sa part des sacrifices conmuns necessaires au Men general.
ARTICLE 2 Les droits de chacun sont limited par ceux d'autrui et par les justes exigences de l'Etat et des Nations Unies.
ARTICLE 3 Tout individu a droit a la vie, Ce droit ne peutetre refuse gu'aux personnes qui ont ete condarane'es conformement a la loi pour un crime passible de la peine de mort.
ARTICLE 4 Nul ne peut etre soumis a la torture ou a des peines ou Indignites inaccoutumees..
ARTICLE 5 Tout individu a droit a la liberte personnelle..
/ARTICLE 6

Page 11
ARTICL3 6 Ho one shall be deprived of his personal liberty save by a Judgment of a court of lav, in conformity with the law and after a fair public trial at which he has had an opportunity for a full hearing, or pending his trial which must take place within a reasonable time after his arrest. Detention by purely executive order shall he unlawful except in time of national emergency,
ARTICLe 7 Every one shall be protected against arbitrary and unauthorized arrest. He shall have the right to immediate Judicial determination of the legality of any detention to which he may he subject.
ARTICLE 8
Slavery and compulsory labour are inconsistent with the dignity of man
and therefore prohibited by this Bill of Rights. But a man may he required
to perform his just share of any public service that is equally incumbent
upon all, and his right to a livelihood is conditioned by his duty to work.
Involuntary servitude may also be imposed as part of a punishment pronounced
by a court of law.
ARTICLE 9
Subject to any general law adopted in the interest of national welfare
or security, there shall be liberty of movement and free choice of residence
within the borders of each State.
ARTICLE 10
The right of emigration and expatriation shall not be denied.
ARTICLE 11
Wo one shall be subjected to arbitrary searches or seizures, or to
unreasonable interference with his person, home, family relations, reputation,
privacy, activities, or personal property. The secrecy of correspondence
shall be respected.
/ARTICLE 12

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ARTICLE 6 Nul ne peut etre prive de ea librrte sans un jugement rendu par un tribunal, conforcement a, la loi et apres un procea regulier et public, au cours duquel il aura eu toute faculte de se faire entendre, ou dans 1'attented d'un procea qui devra Intervener dans un delai raisonnable apres son arrestation. La detention sur simple ordre administratif est illegale, sauf en cas de peril national.
ARTICLE 7 Tout individu doit etre garanti centre les arrestations arbitraires et non autorisees. II a un droit a ce qu'une decision de Justice intervienne immediatement concernant la legalite des mesures do detention dont il serait l'objet.
ARTICLE 8 L'esclavage et le travail force sont incompatibles avec la dignite humaine et sont interdits par la presente Declaration des droits, Toutefois, un individu peut etre requis d'assumer une part equitable d'un service public incombant egalement a tous, et son droit a des meyens d'existence est subordonne a son devoir de travailler. Le travail force peut egalement etre impose a titre de peine prononcee par un tribunal.
ARTICLE 9 SAUS reserve dea mesures legislatives d'une portee generale prise en vue de la securite et de l'interet national, tout individu peut librement circuler et choisir sa residence a 1'interieur des frontieres de l'Etat.
ARTICLE 10 Le droit d'emigrer et de s'expatrier ne peut etre refuse.
AETICLE 11 Nul ne peut etre BOUNIS a des fouilles, perquisitions ou saisies arbi-traire.s, a dee interventions abusives concernant sa personne, son domicile, sa famille, sa reputation, sa vie privee, sea occupations, ou sa propriete personnelle. Le secret de la correspondence est garanti.
/ARTICLE 12

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ARTICLE 12 Every one baa the right to a legal personality, No one shall be restricted in the exercise of Ms civil rights except for reasons based on age or mental condition or as a punishment for a criminal offense.
ARTICLE 13 Every one has the right to contract marriage in accordanee with the laws of the State,
ARTICLE 14
There shall "be freedom of conscience and belief and of private and
public religious worship.
ARTICLE 15
Every one has the right to form, to hold, to receive, and to impart
opinions.
ARTICLE 16
There' shall he free and equal access to all sources of information
both within and "beyond the borders of the State.
ARTICLE 17
Subject only to the laws governing slander and libel, there shall he
freedom of speech and of expression by any means whatsoever, and there shall
be reasonable access to all channels of communication. Censorship shall not
bo permitted.
ARTICLE 18
There exists a duty, towards society to present information and news
in a fair and impartial manner.
/ARTICLE 19

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ARTICLE 12 Tout individu a drait a la persoanalita juridigue. L'exercice des droits civila ne peut etre limits qu'en raisom de 1'age, de letat mental ou en suite d'une condanmaticn penale;
ARTICLE 13 Tout individu a le droit de contracter mariage conformement aux lois.
ARTICLE 14 La liberte de conscience, de eroyance et de culte public et prive est garantie.
ARTICLE 15 Tout individu a le droit ds se Former do a opinions, de les affirmer su de les communiguer,at d' entendre les opinions d'autrui.
ARTICLE 16 L'acces aux sources d'information tant nationales qu'etrangeres eat libre et ouvert egalemont a toua,
ARTICLE 17 La parole et les moyens d'expression, quels qu'ils soient, sont libres, sous reserve des lois reprimant la diffamation orale ou ecrite. Tout individu aura, dans des Limited raisonnables, acces en fait a toutes les formes d'expression. La censure est interdite.
ARTICLE 18 C'ast un devoir envers la socidt6 de presenter lea informations et les nouvelles avec-loyauts et impartiality.
/ARTICLE 19

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ARTICLE 19 There shall be freedom of peaceful assembly,
ARTICLE 20 There shall be freedom to form associations for purposes not inconsistent with this Bill of Rights.
ARTICLE 21 Every one has the right to establish educational institutions in' conformity with conditions laid down by the law.
ARTICLE 22 Every one has a right to own personal property,
Sis right to share in the ownership of industrial, commercial and other profit-making enterprises is governed by the law of the State within which such enterprises are situated.
The State may regulate the acquisition and use of private property, and determine those things that are susceptible of private appropriation.
No one shall be deprived of his property without just compensation,
ARTICLE 23 Ho one shall be required to pay any tax or be subjected to any public charge that has not been imposed by the law.
ARTICIE 24 There shall be equal opportunity of access to all vocations and professions nothaving a public character.
/ARTICLE 25

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ARTICLE 19 La liberte da reunion existe sous reserve de ne pas troubler l'ordre public.
ARTICLE 20 La liberte d'association existe pourvu que le but de 1'association.ne soit pas incompatible avec la presents Declaration des Droits.
ARTICLE 21 Tout individu paut fonder des etablissements d'enseignement, conforcement aux condition etablies par la loi.
Tout individu a droit a la propriety personnelle.
Le droit d'etre en tout ou partie proprietaire d'entreprises industrielles, commerciales ou autres entreprises a but lucratif est regi par la loi du pays ou l'entreprise est situee.
L'Etat pout reglementer 1'acquisition et l'usage de la propriete prive et determiner les biens susceptibles d'appropriation privee.
Nul ne peut etre prive de sa propriete sans une Juste indemnite.
ARTICLE 23
Nul Re peut etre assujetti a un impot ou a une charge publique si la loi no l'a pas prevu.
ARTICLE 24
Les conditions d'acces a toutes les occupations et professions de caractere prive seront les memes pour tous.
/ARTICLE 25

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ARTICLE 25 Everything that is not prohibited by lav Is permitted.
ARTICLE 26
No one shall be convicted of crimo except by judgment of a court of law, in conformity with the law, and after a fair trial at which he has had an opportunity for a full public hearing.
Nor shall anyone be convicted of crime unless he has violated some law , in effect at the time of the act charged as an offense, nor be subjected to a penalty greater than that applicable at the time of the commission of the offense.
ARTICLE 27
There shall be access to independent and impartial tribunals for the
determination of rights and duties under the law,
Every one has the right to consult with and to be represented by counsel.
ARTICLE 28
Every one has the right, either individually or in association with others, to petition the government of his State or the United Nations for redress of grievances.
ARTICLE 29 Every one has the right, cither individually or with others, to resist oppression and tyranny.
ARTICLE 30 Every one has the right to take an effective part in the government of the State of which he is a citizen. The State has a duty to conform to the wishes of the people as manifested by democratic elections. Elections shall be periodic, free and fair.
ARTICLE 31 Every one shall have equal opportunity of access to all public functions in the State of which he is a citizen.
/Appointments .

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ARTICLE 25 Fout ce qui n'est pas interdit par la loi est permis.
ARTICLE 26 Nul he peut etre condamne penalement que par Jugement d'un tribunal rendu en application de la loi et apres un procee regulier et public au cours duquel il aura eu toute faculte de se faire entendre.
Nul ne peut etre condamne penalement a moins qu 'il n'ait viole une loi en vigueur au moment ou i1 a commis 1 'acte qui lui est reproche, ni etre condamne a une peine plus grave que celle applicable au dit moment.
ARTICLE 27 Tout individu peut acceder a des tribunaux independents et impartiaux qui diront quels sont ses droits at ses devoirs au regard de la loi
II a le droit de consultar un conseil et d'etre represente par lui.
ARTICLE 28
Tout individu a le droit, soit a titre individuel, soit conjointement avec d'autres, d'adresser des petitions au gouvernement de son pays ou a 1 'Organisation des Nations Unies, pour obtenir le redressement d'abus,
ARTICLE 29 Tout Individu a le droit de resister a 1'oppression et a la tyranni'e, soit soul, soit conjointement avec d'autres,
ARTICLE 30 Tout Individu a le droit de prendre une part effective au gouvernement de 1 'Etat dont il est ressortissant, L'etat doit se conformer a la volonte du peuple, manifestee par des. elections democratiques. Les elections seront periodiques, libres et sinceres,
ARTICLE 31 Toutes les fonctions publiques seront egalement accessibles a'tousles citoyens.
/Les fonctions

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Appointments to the civil service shall he by competitive examination..
ARTICLE 32
Every one has the right to a nationality,
Every one is entitled to the nationality of the State where he is born
unless and until on attaining majority he declares for the nationality open
to him by virtue, of descent.
Ho one shall be deprived of his nationality by way of punishment or he deemed to have lost his nationality in any other way unless he concurrently acquires a new nationality.
Every one has the right to renounce the nationality of hie birth, or a
previously acquired nationality, upon acquiring the nationality of another
State.
ARTICLE 33
Wo alien who has been legally admitted to the territory of a State may be expelled herefrom except in pursuance of a judicial decision or recommendation as a punishment for offenses laid down by law as warranting expulsion.
ARTICLE 34
Every State shall have the right to grant asylum to political refugees.
ARTICLE 35
Every one has the right to medical care The State shall promote public health and safety,
ARTICLE 36
Every one has the right to education.
Each State has the duty to require that every child within its territory receive a primary education. The State shall maintain adequate and free facilities for such education. It shall also promote facilities for higher education without distinction as to the race, sex, language, religion, class or wealth of the persons entitled to benefit therefrom.
/ARTICLE 37

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Les fonctions publiques seront pourvues par vole de concours.
ARTICLE 32 Tout Individu a droit a une nationalite.
Tout Individu a droit a la nationalito du pays sur le territoire duquel 11 est no, a moins qu'a sa majorite, 11 n'opte pour la nationalite a laquello sa filiation lui donnerait droit.
Nul ne peut etre dechu de sa nationalite a titre de peine ou etre considere comme ayant perdu sa nationalito de quelque autre, maniere, a moins qu'il n'en ait acquis simultanement une autre.
Tout individu a le droit de renoncer a sa nationalite d'origine ou a
une nationalite acqulse posterieurement a sa naissance en acquerant la
nationalite d'un autre Etat.
ARTICLE 33 Aucun etranger legalement admis sur le territoire d'un Etat ne peut en etre expulse sauf en execution d'une decision ou recommandation judicialre et a titre de peine pour les infractions auxquelles la loi attache cette sanction.
ARTICLE 34 Tout Etat a le droit d'accorder asile aux refugies politiques.
ARTICLE 35 Tout individu a droit aux soins medicaux. L Etat doit proteger la sante et la securite, publiques.
ARTICLE 36 Tout individu'a droit a 1'instruction.
L Etat a le droit de prescrire que tout enfant residant sur son -territoire recevra 1'instruction primaire. L'Etat en fournira gratuitement lee moyens appropries, II favorisera egalement 1 'Instruction superieure, sans distination de race, de sexe, de langue, de religion, de classe ou de fortune dee individue appeles a en beneficier.
/ARTICLE 37

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ARTICLE 37 Every one has the right and the duty to perform socially useful work, ARTICLE 38
Every one has the right to good working conditions.
ARTICLE 39 "Every"ono has the right to such equitable shore of the national income as the need for his work and the increment it makes to the common welfare may Justify.
ARTICLE 40 Every one has the right to such public help as may be necessary to make It possible for him to support his family,
ARTICIE 41 Every one has the right to social security. The State shall maintain effective arrangements for the prevention of unemployment and for insurance. against the risks of unemployment, accident, disability, sickness, old age and other involuntary or undeserved loss of livelihood.
Every one has the right to' good food and housing and to live in surroundings that are pleasant and healthy,
ARTICLE 43 Every one has the right to a fair share of rest and leisure.
ARTICLE 44 Every one has the right to participate in the cultural life of the community, to enjoy the arts and to share in the benefits of science.
ARTICLE 45 No one shall suffor any discrimination whatsoever because of raco, sex, language, religion, or political creed, There shall be full equality before the law in the enjoyment of the rights enunciated in this Bill of Rights.
/ARTICLE 46

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ARTICLE 37 Tout individu a le droit at le devoir d'accomplir un travail sociale-ment utile.
ARTICLE 38 Tout individu a droit a de bonnes conditions de travail.
ARTICLE 39 Tout individu a droit a une part equitable du revenu national, dans la mesure ou son travail est necessaire et augmente le bion commun,
ARTICLE 40 Tout individu a droit a recevoir de la Societe 1 'aide necessaire pour lui permettre d 'assurer 1 'entretien de Da famille.
ARTICLE 41
Tout individu a droit a la securite sociale. L Etat doit prendre lea dispositions necessaires pour empecher le ehamage et doit organiser 1'assurance pour le chomage, les accidents, 1'invalidity la maladie, la vieillesse et pour le cas de toute autre perte involontaire ou immeritee des moyens d'existence,
ARTICLE 42 Tout individu a droit a une bonne alimentation et a, un bon logement et a vivre dans des conditions agreables et saines.
ARTICLE 43 Tout individu a droit a, une Juste part de repos et de loisir.
ARTICLE 44 Tout individu a le droit de prendre part a la vie culturelle de la societe, de jguir des arts et de participer aux avantages de la science.
ARTICLE 45 Nul ne sera sounds a un regime discriminatoire en raison de sa race, de son sexe, de sa langue, de sa religion, ou de ses opinions politiques, Tous les individus sont egaux devant la loi quant a, la jouissance des droits enonrces dans la presente Declaration.
/ARTICLE 46

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ARTICLE 46
In States inhabited by a substantial number of persons of a race, language or religion other than those of the majority of the population, persons belonging to such ethnic- linguistic or religious minorities shall have the right to establish and maintain, out of an equitable' proportion of any public funds available for the purpose, their schools and cultural and religious institutions, and to use their own language before the courts and other authorities and organs of the State and in the press and in public assembly.
ARTICLE 47
It is the duty, of each member State to respect and protect the rights enunciated in this Bill of Bights. The State shall, when necessary, co-operate with other States to that end.
ARTICLE 48
The provisions of this International Bill of Rights shall be deemed fundamental principles of international law and of the national law of each of the member States of the United Nations. Their observance is therefore a matter of international concern and it shall be within the Jurisdiction of the United Nations to discuss any violation thereof.
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ARTICLE 46
Dane les pays habites par on nombre appreciable d'individue de race, de langue ou de religion autres que celles de la majorite des habitants-, les individus appertonant a cos minorites ethniques, inguistiqucs, ou religiouses auront le droit d 'instituer et d 'entretenir leurs ecoles' et leurs institutions religieuses et culture lies au moyen d'uno part, equitable des- Fonds publics affectes a cet effot et d 'user de lour langue dovant les tribunaux et autros autorites ou organos de 1 Etat, dans la presse et dans lea reunions publiques.
ARTICLE 47
Les Etats Membres do l'Organisation dee Nations Unies ont le devoir de respecter et de protoger les droite proclames dans la presente Declaration, si besoin est, les Etats collaborerony a cette fin„
ARTICLE 48
Les dispositions de la presente Declaration Internationale des Droits constitueront des principes fondamentaus du droit international et du droit national des Etats Membres des Nations Unies. Leur application interesse l'ordre public international etles Nations Unies seront competentes pour connaitre des violations des dites dispositions.
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ANNEX B
COMMISSION ON HUMAN RIGHTS
REPORT OF THE DRAFTING COMMITTEE ON AN INTERNATIONAL Bill, OF HUMAN RIGHTS
Text of Letter from Lord,Dukeston, the United Kingdom Representative on the Human Sights Commission, to the Secretary-General of the United Nations
I have the pleasure of transmitting to you herewith, to he laid before the Drafting Committes. of the Commission on Human Rights the following documents:
(a) A draft International Bill of Human Rights.
(t) A draft resolution which might he passed by the General Assembly
when adopting an International Bill of Rights. 2. It is suggested that the International Bill of Rights should be prepared in the form of an instrument which would he approved by the Assembly and submitted to Governments for accession by members of the United Nations, by states parties to the Statute of the International Court of Justice, and by any other state whom the General Assembly of the United Nations shall, by resolution, declare to be eligible. The draft Bill itself requires little explanation. It is intended to contain an enumeration of the human rights and fundamental freedoms, provisions as regards execution and enforcement, and certain formal provisions which necessarily accompany the bringing of the Bill into force. The draft Assembly Resolution deals with a number of secondary matters which will assist in the execution of the Bill, but which should be approved in a form which will allow for relatively simple amendment and adaptation. The proposals in the resolution regarding the furnishing of information by signatory States are of considerable importance in this respect. 3- It is understood that the purpose of the Drafting Committee is to produce tests for the consideration of the Human Rights Commission, and that the texts submitted by the Drafting Committee, being th6 result of the combined efforts of its members working for this purpose will not bind
/any delegation

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any delegation which has taken part in the work of the Drafting Committee. In submitting the attached draft Bill and Assembly Resolution the United Kingdom representative is making suggestions for the assistance of the Drafting Committee, and the draft must not be taken as representing the final views of His Majesty's Government in the United Kingdom either as regards the provisions which are contained in the United Kingdom drafts or as regards any matters which are not contained in these drafts.
DRAFT OF RESOLUTION OF GENERAL ASSEMBLY When ADOFTING THE INTERNATIONAL BILL OF RIGHTS.
1. Whereas it is a purpose of the United nations to achieve international co-operation as a means of encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion; and
2. Article 13 of the Charter provides that the General Assembly shall initiate studies and make recommendations for the purpose of assisting in the realisation of the said human rights and fundamental freedoms:
1. Whereas, in conformity with Article 68 of the Charter, the Economic and Social Council set up a Commission to study and recommend measures for the promotion of human rights; and
2. The said Human Rights Commission has reported and recommended the acceptance by all members of an International Bill of Human Rights:
III. 1. Whereas it is also an aim of the United nations as defined in its Charter to achieve international co-operation in solving international problems of an economic, social, cultural and humanitarian character and to achieve social progress and better standards of life in larger freedom; and
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2, It is through measured taken through the Instrumentality of the Economic and Social Council and its organs and through specialized agenciea in relationship with the United nations that the United Nations is seeking to establish international co-operation for the achievement of this aim; and
3. It is through the international co-operation so established that the United Nations can most effectively assist the realization of the right of all persons to work, to education, to social security and similar social and economic rights, which cannot by their nature he defined in the form of legal obligations for states in an instrument such as the International Bill of Rights: .
IV. THE GENERAL ASSEMBLY EXPENSES the opinion that human rights and fundamental freedoms can only be completely assured by the application of the rule of law and by the maintenance In every land of a judiciary, fully independent and safeguarded against all pressure, and that the provisions of an International Bill of Rights cannot be fulfilled unless the sanctity of the home and the privacy of correspondence are generally respected and unless at all trials the rights of the defense are scrupulously respected, including the principle that trials shall be held in public and that every

man is presumed innocent until he is proved guilty.
V.
Considering also that the promotion of human rights and fundamental freedoms will be assisted by full and accurate information on the position in every land with regard to these matters, and that such information should be published by the United Nations under conditions which will best guarantee its objectivity.
THE GENERAL ASSEMBLY ENTRUSTS this function to the Commission for Human Rights and requests the Economic and Social Council to reconsider the terms of reference of the said Commission, having regard to the principles and directives set forth in Annex 2.
/VI.

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VI.
I
Considering further 'that it is by deflning human rights and fundamental freedoms and placing them under the protection of international law and the guarantee of the United Nations that the dignity and worth of the human person will be best secured.
THE GENERAL ASSEMBLY APPROES the International Bill of Rights which forms Annex 1 to the present Resolution and recommends that all members should accept the obligations thereof.

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. ANNEX 1 INTERNATIONAL BILL OF HUMAN RIGHTS Preamble
1. Whereas the peoples of the United Nations have reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person;
2. Whereas it is one of the purposes of the United Nations to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sea, language or religion;
3. Whereas all men are members of communities and as such have the duty to respect the rights of their fellow men equally with their own;
4. Whereas the just claims of the state, which all men are under a duty to accept, must not prejudice the respect of man's right to freedom and equality before the law and the safeguard of human rights, which are primary and abiding conditions of all just government;
5. Whereas the denial of human rights and fundamental freedoms endangers the general welfare and friendly relations among nations and the enjoyment of such rights and freedoms by all persons must be secured by international law and protected by the organized community of states;
6. Whereas it is expedient to define more exactly the aforesaid human rights and fundamental freedoms and to make provision for their universal observance and protection:
How therefore the States parties to this International Bill of Rights have accepted the following provisions:
PART I Article 1 The States parties hereto declare that they recognize the principles set forth in Part II of this Bill as human rights and fundamental freedoms founded on the general principles of law recognized by civilized nations.
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Comment to Article 1
The phrase at the end of this Article comes from Article 38 (l) (,c) of the Statute of the International Court of Justice. This phrase in the Statute of the Court is with Justification considered by many commentators to represent the same principle as the phrases "law of nature" and "jus gentium" which play sO great a part in the early development of international law. The conception both of the "law of nature" and "Jus gentium" have elso played a considerable part in the conception of the fundamental rights of man.
Article 2
Every state is, by international law, under an obligation to ensure:
(a) that its laws secure to all persons under its jurisdiction, whether citizens, persons of foreign nationality or stateless, the enjoyment of these human rights and fundamental freedoms;
(b) that any person whose rights or freedoms are violated should have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(c) that such remedies shall he enforceable "by a judiciary whose independence is secured; and
(d) that its police and executive officers should act in support

of the enjoyment of these rights and freedoms. Comment to Article 2
Proposals that the provisions of the Bill of Sights should be embodied in the constitutions of states parties to the Bill, or otherwise consecrated by special constitutional guarantees, are not practicable for all countries. Some countries, like the United Kingdom, have no rigid constitution and, as a matter of internal law, it is not possible to surround any provision with any special constitutional guarantee. Wo enactment can be given a greater authority than an Act of Parliament, and one Act of Parliament can repeal any other Act of Parliament. Therefore, the legal provisions which safeguard human rights can only have as their special
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safeguard the solemn international obligations undertaken in this Bill, together with the firm foundation which these principles have in the deepest convictions of Parliament and the people.
Article 3
On receipt of a request to this effect from the Secretary-General of the United Nations, made under the authority of a' resolution of the General Assembly, the government of any party to this Bill will supply an explanation, certified by the highest legal authorities of the state concerned, as to the manner in which the law of that state gives effect to any of the said, provisions of this Blll of Rights. Comment to Article 2 (a) and Article 3 The expression "law" is used in this draft as equivalent to the word "droit" that is, anything a court will enforce including statute lav, regulations and common or customary law.
Article 4
1. In time of war or other national emergency, a state may take measures derogating from its obligations under Article 2 above to the extent strictly limited by the exigencies of the situation.
2. Any state party hereto availing itself of this right of derogation shall inform the Secretary-General of the United Nations fully of the measures which it has thus enacted and the reasons therefor. It shall also inform him as and when the measures cease to operate and the provisions of Article 2 are being fully executed.
Article 5
A failure by any state party hereto to fulfil the obligations under
Article 2 is an injury to the community of states and a matter of concern to the United Nations as the community of states organized under the rule of law. Comment to Article 5
This Article is meant to apply to failures of a substantial
* COMMENT: Section V of the draft resolution to which this Bill is Annex 1 is intended to provide this authority.
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character. It is not intended to apply to failures of a trivial or technical character.
Article 6
1. While declaring their readiness to consider the adoption of further procedures designed to strengthen the international protection of fundamental human rights end freedoms, the states parties hereto accept the right of any of them, acting in the interests of the community of states, to bring to the attention of the General Assembly of the. United Nations any violation by any of them of the provisions of this Bill of Rights as constituting a situation likely to impair the general welfare or friendly relations amongst nations and as a violation of the purposes and principles of the United Nations within the meaning of Article 14 of the Charter.
2. Any party hereto which is thus alleged to have violated the provisions of this Bill of Sights shall have the right to request the General Assembly to obtain the advisory opinion of the International Court of Justice thereon and to refrain from taking any further action
on the matter until this opinion has been obtained, and if such a request is made the parties hereto agree that they are hound to support the request. Comment to Article 6
It would be possible to insert here an additional provision under which all parties to this Bill would agree that' in the event of any alleged violation of the Bill being brought before the General Assembly they would support a proposal that the matter should first be considered by a committee composed only of members of the United, Nations who are parties to the Bill.
Article 7 The parties hereto agree that any one of them which is found by a . Resolution of the General Assembly adopted by a two-thirds majority
/persistently

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persistently, to have violated the provisions'of this Bill of Rights' should be deemed to have violated the principles of the Charter of the United
Nations and therefore be liable to expulsion from the organization under
Article 6 of the Charter.
PART II
Definition of Human Rights 3 and
Fundamental Freedoms
Article 8
It shall be unlawful to deprive any person of his life save in the execution of the sentence of a court following on his Conviction of a crime for which this penalty is provided by lav.
Article 9 .
1. No form of slavery shall be permitted, [A text on the subject of compulsory labour will be inserted
here later. ]
Article 10
1. Ho person shall be deprived of his liberty save by an arrest which Is effected for the purpose of bringing him before a court on a reasonable suspicion of having committed a crime or which is reasonably considered to be immediately necessary to prevent his committing a crime or breach of the peace.
2. Every person arrested and detained shall be brought without delay before a Judge, who shall either try the case or decide, after hearing evidence, whether there is sufficient case to Justify that person's trial and if so whether his liberty shall be restored to him on bail.
3. The period of detention pending trial shall not be unreasonably prolonged.
4. The preceding provisions of this Article do not apply to (i) the lawful detention of a person sentenced after conviction to deprivation of liberty or (ii) lawful detention of persons of unsound mind or (iii) the lawful custody of minors or (iv) the lawful arrest and detention of /a person

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a person to prevent Ms effecting an unauthorized entry into the country.
5. Every person who is deprived of his liberty shall have an effective; remedy in the nature of "habeas corpus" bywhich the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not Justified.
6. Every person shall have an enforceable right to compensation in respect of any unlawful arrest or deprivation of liberty.
Article 11 Every person who is not subject to any lawful deprivation of liberty or to any outstanding obligations with regard to national service shall be free to leave any country including hie own. Comment to Article 11
There may also be other outstanding obligations such as those relating to taxation or the maintenance of dependents, of which account should be taken here.
Article 12 Ho person shall be held guilty of any offence on account of acts or omissions which did not constitute such an offence at the time when they were committed,'
Article 13
1. Every person shall be free to hold any religious or other belief dictated by his conscience and to change his belief.
2. Every person shall be free to practice, either alone or in community with other persons of like mind, any form of religious worship and observance, subject only to such restrictions, penalties or liabilities as are strictly necessary to prevent the commission of acts which offend laws passed in the interests of humanity and morale, to preserve public order and to ensure the rights and freedoms of other persons.
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3. Subject only to the same restrictions, every person of full age and Bound mind shall be free to give and receive any form of religious teaching and to endeavour to persuade other persons of full age and sound mind of the truth of Ms beliefs, and in the case of a minor the parent or guardian shall be free to determine what religious teaching he shall receive.
Article 14
1. Every person shall he free to express and publish his ideas orally, in writing, in the form of art, or otherwise.
2. Every person shall be free to receive and disseminate Information of all kinds, including both facts, critical comment and' ideas by hooks, newspapers, or oral instruction, and by the medium of all lawfully operated devices.
3. The freedoms of speech and information referred to in the preceding paragraphs of this Article may be subject only to necessary restrictions, penalties or liabilities with regard to: matters which must remain secret in the interests of national safety; publications Intended or likely to incite persons to alter by violence the system of Government, or to promote disorder or crime; obscene publications; /publications aimed at the suppression of human rights and fundamental freedoms]: publications injurious to the independence of the Judiciary or the fair conduct of legal proceedings; and expressions or publications which libel or slander the reputations of other persons.
Comment to Article 14
The fundamental provisions of the Bill of Bights relating to freedom of speech and information will be completed by other agreements, resulting from the work of the sub-committee on Freedom of Information and the international conference on the subject. Comments to Article 14 (3)
(a) The provision In paragraph 3 above, recognizing the right of Governments to impose the necessary restrictions, penalties
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or liabilities on publications likely or intended to incite persons to alter by violence the system of Government, is to be interpreted as strictly confined to such publications as advocate the use of violence, and does not apply to publications advocating a change of government or of the system of Government by constitutional means.
(b) Some doubt is felt as to the suitability of the words "publications aimed at the suppression of human rights and fundamental freedoms" from the point of view of drafting. It may be that these words afford a wider power for the limitation of freedom of publication than is accessary or desirable. On the other hand it may be said that it would be inconsistent for a Bill of Rights whose whole of fact is to establish human rights and fundamental freedoms to prevent any Government, if it wished to do so, from taking steps against publications whose whole object was to destroy the rights and freedoms which it is the purpose of the Bill to establish. In the last analysis, perhaps, the best definition of a Nazi or Fascist regime is that it is a regime which does not recognize the dignity and worth of the human person and permit individuals to enjoy human rights and fundamental freedoms.
(c) In any case it will be observed that no Government is obliged by the Bill to make use of the powers of limitation which are provided in paragraph 3.
Article 15
All persons shall have the right to assemble peaceably for any playful purpose including the discussion of any matter, on which under Article 14 any person has the right to express and publish hie ideas. NO restrictions shall be placed on the exercise of this right other than those necessary for the protection of life and property and to prevent disorders, the obstruction of traffic and of the free movement of others.
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Article 16
All persons shall be free to constitute associations, in whatever form may be appropriate under the law of the state, for the promotion and protection of their legitimate interests and of any other lawful object, including the dissemination of all Information of which under Article 14 the dissemination is unrestricted. The rights and freedoms set forth in Articles 13 and 14 shall be enjoyed by such associations. Comment to Article 16
The word "associations" is here used as the widest possible term and is intended to include the creation of entities, having Juridical personality. Comment to Part II
This part of this Bill will be completed by provisions prohibiting distinctions based on race, sex, language and religion, No attempt is made to draft these provisions in advance of the reports of the sub-committee on Discrimination and Minorities and also of the Commission on the Status of Women. In any case, Part II as drafted above in fact provides for absence of discrimination seeing that it uses the words "all persons". (See also Article 2 (a) of Part I: "all persons- under its jurisdiction, whether citizens, persons of foreign nationality or stateless")
PART III
Article 17
1. This Bill of Rights is submitted, for the purpose of accession thereto, to eery member of the United Nations, to every state party to the Statute of the International Court of Justice and to every other state whom the General Assembly of the United Nations shall, by resolution, declare to be eligible,
2. Accession shall be effected by the deposit of. an instrument with the Secretary-General of the United Nations and the Bill of Rights shall' come ' /into force

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into force as soon as states members,of the United Nations have deposited such instruments as regards those states and thereafter as regards each party on the date of the deposit of its instrument, of accession.
3. Every deposit of an instrument of accession shall be accompanied " by a statement that this Bill had been approved in accordance with the constitutional processes of the state concerned for the acceptance of the obligations of a treaty and by a solemn declaration made by the government of the state concerned that full and complete effect to the provisions of Part II is given by the law of that state..
4. The Secretary-General shall inform all members of the United Nations and the other states referred to in paragraph 1 above of the deposit of each instrument of accession.
Article 18
1. Amendments to this Bill of Bights shall come into force when they have been adopted by a vote of two-thirds of the members of the General Assembly of the United Nations and ratified in accordance with their respeptive constitutional processes by two-thirds of the parties to this Bill.
2. When such amendments come into force they shall be binding on. those parties which have ratified them, leaving other parties ..still hound by the. provisions of the Bill which they have accepted by accession including earlier amendments which they have ratified.
* COMMENT: The number to be given here should not be less than two-thirds of the members of the United Nations.
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ANNEX 2
1. All Information published by the United Nations relating to human rights should be approved by the Commission for Human Rights-before publication. The Commission should be guided in this matter toy the principle that accuracy and objectivity in information published is the first essential.
2. Before any information relating to the position in any particular -state is published, it should be transmitted to the government of that state which should be given a reasonable time in which to make any . comments thereon which it desires. If. the government makes any comments and the Commission,decides that publication of this information is nevertheless desirable, these comments should be published, together with the information to which they relate.
3. By careful study and selection, the Commission should endeavour to reduce the frequency of the occasions when it transmits information to governments for comments and also the volume thereof,
4. Any explanations transmitted to the Secretary-Generalunder part I, Article. 3 of the Bill of Rights and information given to the, Secretary-General under Article 4 (2) will be published automatically. Requests to governments for explanations under Article 3 of Part I shall be made on a decision of the Commission approved by the Economic and Social Council. 5. The Commission should consider the desirability of appointing an expert committee to assist it in the performance of these functions. Comment on Annex 2
As Section V in the draft Resolution shows, it is proposed to leave to the Economic and Social Council the task of reviewing the terms of reference of the Commission on Human Rights in the light of the provisions of the Bill. Since the first task of the Commission under its existing terms of reference was the preparation of the draft Bill, it is obvious
/that when

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that when the Bill comes into operation, the Commission must act under new terms of reference which will be drawn up having particular regard to the provisions of the Bill. All that the draft Assembly Resolution does is to lay down certain provisions which must in any case he included in the future terms of reference. The Economic and Social Council would have to consider the manner in which petitions on Human Rights questions received by the Secretary-General should he dealt with and whether, and if so under what conditions, they should he passed to the Commission Experience of the minorities procedure of the League of Nations has shown that this is a question which requires very mature consideration and that inappropriate procedure may tend to damage, rather than further the advancement of Human Rights. In any case, it is suggested that provisions on these matters should not he included in the Bill itself, as such provisions should he capable of easy adaptation and amendment.

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ANNEX C
COMMISSION ON HUMAN RESTS'
REPORT OF THE DRAFTING COMMITTEE ON AN INTERNATIONAL BILL OF HUMAN RIGHTS
UNITED STATES SUGGESTIONS FOR ARTICLES TO BE INCORPORATED IN AN INTERNATIONAL BILL OF HUMAN RIGHTS
(Article numbers Correspond to those of the Declaration in Annex E)
Article 3
"The state is created by the people for the promotion of their welfare and the protection of their mutual rights. In the exercise of his rights everyone is limited by the rights of others." (E/CN.4/AC.1/8/Rev referring to Secretariat Article 2)
Articles 5, 6
"There shall he equal protection before the law is the enjoyment of the rights enumerated in this Bill of Rights, without distinction as to race, sex language or religion. (E/CN.4/AC.1/11 referring to Secretariat Article 45),
Article 8
"The right to life is fundamental and may not he denied to any person except upon conviction of the gravest of Crimes under general law providing for the penalty of death. "Ho one shall be deprived of life or personal liberty, or he convicted or punished for crime in any manner, save by judgment of a competent and impartial tribunal, in conformity with law, after a fair public trial at which he has had the opportunity for a full hearing, the right to be confronted with the witnesses against him, the right of compulsory process for obtaining witnesses in his favour, and the right to consult with and be represented by counsel." (E/CN.4/AC.1/11 referring to Secretariat Articles 3 and 6).
Articles 9, 10
"No person shall be subjected to arbitrary or unauthorized arrest or
detention. Every person who is arrested or detained shall be immediately
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informed of the charges on which he is held, and shall hare the right to prompt judicial determination of the legality of his, detention. Trial of the charges must be afforded within a reasonable time, or he shall he released from detention. Every person shall he entitled to secure his release pending trial upon furnishing reasonable security for his . appearance, except where such release would defeat the administering of justice." (E/CN.4/AC.1/8/Rev.1 referring to Secretariat Article 7).
"No one shall he subjected to torture, or to any unusual punishment or indignity." (Secretariat Article 4)
"Bo one shall he convicted of crime except by judgment of a competent and impartial tribunal for violation of a law in effect at the time of the commission of the act charged as an offense, nor be subjected to a penalty greater than that applicable at the time of the commission of the offense. No one acquitted or convicted of a crime shall thereafter be again put in jeopardy of life or liberty for the offense, of which he was acquitted or convicted." (E/CN.4/AC.1/8 referring to Secretariat Article 26).
"Every person has the right to have any civil claims or liabilities determined without undue delay by a competent and impartial tribunal, before which he has the opportunity for a fair hearing, and has the right to consult with, and to be represented by counsel." (E/CN.4/AC.1/8) referring to Secretariat Article 27).
Article 11
"No one shall be held in slavery, nor be required to perform compulsory .labour in any form other than as part of punishment pronounced by a competent judicial tribunal. No person shall be imprisoned or held in servitude in consequence of the mere breach of contractual obligations." (E/CN.4/AC.1/8/Rev.1 referring to Secretariat Article .8),
Article 12
"No one shall be subjected to arbitrary or unauthorised searches and seizures of Ms Person, home, papers and effects, or to unreasonable
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interference with his; person, home, family, relations with others, reputation, privacy, activities or property. The secrecy of correspondence shall be respected." (E/CN.4/AC.1/11 referring to Secretariat Article 11).
Article 13 / "All persons shall equally enjoy the right to freedom, of movement from one part of the territory of the state to another, and to free choice of residence in any part of the territory.
"Every person shall, subject to equitable immigration and deportation laws, be free to enter, travel through or over, and remain temporarily in the territory of another state, provided always that he observes local laws and police regulations.
"The right of emigration and expropriation shall not be denied." (E/CN.4/AC.1/8/Rev.1 referring to Secretariat Article 9; Secretariat Article 10).
Article 15 "Every one has the right to a legal personality. No person shall be restricted in the exercise of his civil rights except under general law-based on reasons of age or mental incompetence, or as punishment for a criminal offence, or as otherwise permitted in this bill. (E/CN.4/AC.1/11 referring to Secretariat Article 12)
Article 16 "There shall be equal opportunity to engage in any vocation or profession, not constituting public employment, subject to such reasonable qualifications as are inherent in the work to be performed." (E/CN.4/AC.1/11 referring to Secretariat Article 24).
Article 17 "Every one has the right to own and transfer property, subject to., reasonable regulation, under general laws, governing the acquisition and use thereof, and determining, in the interest of national welfare and security, those things not susceptible of private ownership, No one shall
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te deprived, of property except in accordance with due process of law, nor suffer his property to be taken other than for public use with Just compensation to him." (E/CN.4/AC.1/8/Rev.1 referring to Secretariat Article 22).
Article .18
"Every person shall have the right to a nationality". (E/CN.4/AC.1/11 referring to Secretariat Article 32).
Article 21
"Every one has the right to form and hold opinions and to receive them from, and impart them, Within or beyond the borders of the State." (E/CN.4/AC.1/11 referring to Secretariat Article 15).
Article 22
"Freedom of everyone to receive, read and listen to all matters of Information shall not be impaired, and there shall he free and equal access to all sources of information both within and beyond the "border of a State.
"There shall he freedom of speech, of the press and of expression by any means whatsoever, and there shall be reasonable access to all channels of communication."' (E/CN.4/AC.1/11 referring to Secretariat Articles 16, 17).
Article 23
"There shall be freedom of assembly.
"There shall be freedom to form associations," (E/CN.1/AC.1/11 referring to Secretariat Articles 19, 20).
Article 24
"No State shall abridge the right of everyone, either individually or in association with others, to petition the government of his State or the United Nations for redress of grievance." (E/CN.4/AC.1/11 referring to Secretariat Article 28).
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Articles 26, 27
"Government derives its just powers from the consent of the governed, Everyone has the right to take an effective part in the government of the state or territory of which he is a citizen. The citizens of the state or territory are accordingly entitled to exercise self-government through representatives freely and fairly chosen by them, in periodic democratic elections by secret "ballot." (E/CN.4/AC.1/8/Rev.1 referring to Secretariat Article 30).
Article 28
"Everyone shall, have equal opportunity to engage in public employment in the State of which he is a citizen.1' ' 9E/CN.4/AC.1/11 referring to Secretariat Article 31).
Articles 29-36
In lieu of these articles the United States suggests the following;
Article 29
"Everyone has the right to a fair and equal opportunity to advance his own physical, economic, spiritual and cultural well-being and to share in the benefits of civilization. "It is the duty of the State, in accordance with the maximum use of

its resources and with due regard for the liberties of individuals, to promote this purpose by legislation or by other appropriate means. Among the social rights thus to be achieved progressively by joint effort of the individual and the State are those defined in the following Articles” (E/CH.4/AC.1/8/Rev.1, page 3 - no corresponding Secretariat article).
Article 30 "Everyone, without distinction as to economic or social condition, has a right to the highest attainable standard of health.
"The responsibility of the State for the health and safety of its people can be fulfilled only by provision of adequate health and social measures," (E/CN.4/AC.1/8/Rev.1 referring to Secretariat Article 35; Identical with Article 33 of Committee's Declaration).
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Article 31
"Everyone has the right to education.
"Each State has the duty to require that each child within territories under Its Jurisdiction receive a fundamental education. The State shall maintain adequate and free facilities for such education which, however, shall not be exclusive of private educational facilities or institutions. It shall also assure development of facilities for further, including higher education, which are adequate and effectively available to all the people within such territories. (E/CN.4/AC.1/8/Rev.1 referring to Secretariat Article 36).
Article 32
"Everyone has a right to a decant standard of living, to a fair and equal opportunity to earn a livelihoods to wages and hours and conditions of work calculated to insure a just share of the benefits of progress to all; and to protection against loss of income on account of disability, unemployment or old age. "It is the duty of the State to undertake measures that will promote full employment and good working conditions; provide protection for wage- earners and dependents against lack of Income for reasons beyond their control; and assure adequate food, housing, and community services necessary to the well-being of the people." (E/CN.4/AC.1/11 referring to Secretariat Article 38).
Articles 33, 34 No articles suggested.
Article 35
"Everyone has the right to participate in the cultural life of the
community, to enjoy the arts and to share in the benefits of science."
(Secretariat Article 44).
Article 36
Ho article suggested.
/ARTICLES ON IMPLEMERTATION

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ARTICLE ON IMPLEMENTATION
1. The Articles in this Bill of Rights shall be referred to the appropriate organs or agencies of the United Nations with a view to the formulation of a series of international conventions to he submitted individually to the member states for ratification or other appropriate action in accordance with their respective constitutional processes.
2. The Conventions thus concluded shall he deposited with the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter.
3. The Conventions shall provide for submission to the Secretary-General of copies of the laws or regulations by which the member state gives effect to the provisions of the Convention together with the name' of the competent authority responsible for compliance, and of periodic reports concerning the enforcement and revisions of such laws.
4. The Secretary-General shall inform the General Assembly each year of the Conventions embodying the provisions of this Bill of Rights which have been proposed to the member states, and the number of states which have ratified or have failed to ratify them (s/CN.4/AC.1/13).

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ANNEX D
COMMISSION ON HUMAN RIGHTS *
REPORT OF THE DRAFTING COMMITTEE ON AN INTERNATIONAL BILL OF HUMAN RIGHTS
SUGGESTIONS SUBMITTED BY THE REPRESENTATIVE OF FRANCE FOR ARTICLES OF THE INTERNATIONAL DECLARATION OF HUMAN RIGHTS
(The English text is an official translation of the Articles suggested by Professor Cassin The Drafting Committee did not work from this text but from a rough translation.)
/PREAMBLE

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ANNEX D
PREAMBLE WHEREAS:
1. Ignorance and contempt of human rights have been among the principal causes of the sufferings of humanity and particularly of the wassacres. which have polluted the earth In two world wars;
2. there can he no peace unless human rights and freedoms are respected and, conversely, human freedom and dignity cannot be respected as long as war and the threat of war ere not abolished;
3. it was proclaimed as the supreme aim of the recent conflict that human beings should enjoy freedom of speech and worship and he free from fear and want;
4. in the Charter of 26 June 1945 we reaffirmed our faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women;
5. it is one of the purposes of the United Nations to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion;
6. the enjoyment of such rights and freedoms by all persons must be protected by the community of nations and guaranteed by international as well as municipal law,
/NOW, THEREFORE,

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ANNEXE D PREAMBULE
Nous, Peuples des Nations Unies,
1. Considerant que 1' ignorance et le me'pris des Droits de 1 'Homme ont ete une des causes les plus importantes des souffrances de 1 'humanite et, en particulier, des massacres qui ont souiile la terre an cours de deux guerres mondiales;
2. qu'il ne pent y avoir de paix si les droits et les libertes de l'omme sont-respectes et que, correlativement, ces droits et llbertes ne peuvent etre pleinement respectes, tant que la guerre et les menaces de guerre ne seront pas abolies;
3. que 1'etablissement d'un regime ou les etres humains, libres
de parler et de croire, seront mis a l'abri de la terreur et de la misere, a ete proclame comme l'enjeu supreme de la plus recente lutte;
4. que, dans la Charte du 26 juin 1945, nous avons reaffirme notre foi dans les droits fondamentaux de l'homme, dans la dignite et la valeur de la personne huraalne et dans l'egalite de droit de tout bourne et de toute femme;
5. qu'un des buts des Nations Unies est de realiser la cooperation internationale en developpant et en encourageant le respect des droits de l'homme et des libertes fondamentales pour tous, sans distinction de race, de sexe, de langue ou de religion;
6. qu'il importe que ceux-ci soient proteges par la communaute des Nations et garantis tant par la loi Internationale que par les lois nationales,
/Avons resolu

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NOW, THEREFORE, we the Peoples of the United Nations have resolved to define In a solemn Declaration the essential rights and fundamental freedoms of man, so that this Bill, being constantly present in the minds of all men, may unceasingly remind them of their rights and duties, I and so that the United Nations and its Members may constantly apply the principles hereby formulated AND WE HAVE THEREFORE adopted the following Bill: CHAPTER 1, (General Principles)
Article- 1
All men, being members of one family are free, possess) equal dignity and rights, and shall regard each other as brothers.
Article 2
The object of society is to enable all men to develop, fully and in security, their, physical, mental and moral personality, without some being sacrificed for the make of others.
Article 3
As human beings cannot live and achieve their objects without the help and support of society, each man owes to society fundamental duties which are: obedience to law, exercise of a useful activity, acceptance of the burdens and' sacrifices demanded for the common good.
Article 4
The rights of all persons are limited by the 'rights of others.
Article 5
The law is the same for all. It applies to public authorities and fudges In the same way as to private, persons. Anything not prohibited by law is permissible,
Article 6
The rights and freedoms hereinafter declared shall apply to all persons. No person shall suffer discrimination by reason of his race, sex, language, religion, or opinions.
/CHAPTER 2

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Avons resolu de definir dans une declaration solennelle, les droits essentiels et les liberies fondamentales de l'etre humain, afin que cette declaration constamment presente a tous les membres de la societe humaine, leur rappelle sans cease leurs droits et leurs devoirs et afin que l'Organisation-dee Nations Uhies et ses Membres puissent constamment appliquer les principes ainsi formules.
En consequence, nous avons adopte la declaration suivante : CHAPITRE 1 (Prinoipes generaux)
Article 1 les etres humains, tous membres de la meme famille, sont libres, egaux en dignite et en droits et doivent se regarder comme des freres.
Article 2 La mission de la societe est de permettre a, tous les hommes de developper pleineiaent et en security leur personnalite physique, intellectuelle et morale, sans que les uns soient sacrifie's aux autres.
Article 3 L'homme ne pouvant vivre et realiser ses fine sans l'aide et l'appui de la societe chacun a, vis-a-vis de celle-ci, des devoirs fondamentaux, l'obeissance aux lois, l'exercice d'une activite utile, 1'acceptation dee charges et sacrifices exiges par le bien commun.
Article 4 Les droits de chacun sont limites par ceux d'autrui.
Article 5 La loi est la meme pour tous,. Elle s'impose aux autorites publiques et aux Juges comme aux particuliers, Ce qui a'est pas interdit par elle ne peut etre empeche.
Article 6 Les droits et libertes ci-dessous declares doivent s'appliquer a toute perSonne. Nul ne sera soumis a un regime, discriminatoire a raison de sa race, de sen sexe, de sa langue, de sa, religion ou de ses opinions.
/CHAPITRE 2

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CHAPTER 2 (Right to Life -and Physical Inviolability)
Article 7
Every human being has the right to life; and to the respect of his physical, inviolability.
No person, even if found guilty, may he subjected to torture, cruelty, or degrading treatment.
CHAPTER 3. (Personal Freedoms)
Article 8
Everyone has the right to personal liberty and security.
Article 9
Private life, the home, correspondence and reputation are, inviolable and protected by law.
Article 10.
No person may be arrested or detained save in the cases provided for and in accordance with the procedure prescribed by law. Any person arrested or detained shall have the right to immediate. Judicial, determination of the legality of the proceedings taken against him.
Article 11
Every accused shall be presumed innocent until found- guilty. No person may be punished except in pursuance of a judgment of an independent and impartial court of law, delivered after a fair and public trial, at which he has had a full hearing or has been legally summoned, and has been given all the guarantees necessary for his defence.
Article.12
No person may be convicted of a crime unless, he has: violated a law
in force ,et the time of the act charged as an of fence, nor-suffer a penalty
greater than that legally applicable at the time pf the Commission of the
offence.
Article 13
Slavery, being inconsistent with Human dignity, is, prohibited
No public authority may exact personal service or work except by virtue
of the law and for the common interest.
/Article 14

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CHAPITRE 2 (Droit a vie et a l' integrite physique)
Article 7
Tout etre humain a droit a, la vie et au respect de eon integrite physique,
Aucun individu, meme coupable, ne peut etre soumis a la torture, a
des peines cruelles ou a des traitements degradants.
CHAPITRE 3 (libertes personnelies)
Article 8
Tout borane a droit a la liberte et a la surete de sa perSonne.
Article 9
La vie privee, le domicile, la. correspondence et la reputation de
chacun sont inviolables et proteges par la loi.
Article 10
Nui ne peut etre arrete ou detenu que dana les cas prevus par la loi
et aelcn les formes qu'elle a prescrites. Tout individu arrete ou detenu
est en droit d'obtenir que le uge verifie sans delai la legalite des mesures
dent il est l'objet.
Article 11
Tout accuse est presume innocent jusqu'a. ce que sa culpabilite
ait ete declare.
Nul ne peut etre puni si ce n'est en vertu du Jugement d'un tribunal
independent et impartial, rendu apres un proces regulier et public au cours
duquel l' accuse aura ete entendu ou legalement appele et aura jou1 des
garanties neceseaires a sa defense.
Article 12
Nul ne peut etre condemne penalement a moins qu'il n'ait viole une
loi en vigueur au moment de 1'infraction, ni etre condamne a une peine plus
grave que celle legaleinent applicable au dlt moment.
Article 13 L'esolavage, incompatible avec la dignite humaine, est interdit. L'autorite publique ne peut imposer un service ou travail personnel
qu'en vertu de la loi et dans l'interet coinmun.
/Article 14

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Article 14 Subject to any general legislative measures adopted. In the Interest of security and the common good, there shall be 'liberty of movement and free choice of residence within the State; individuals may also freely emigrate or expatriate themselves.
CHAPTER 4. (Legal Status) Article 15 Every individual has a legal personality everywhere.
Article 16 No person may be deprived of the personal exercise of his civil rights except in virtue of a general lav based on considerations of age, or of a mental or other, condition requiring protection, or as a punishment for a criminal offence,
Article 17 Every person has the right to contract marriage in accordance with the leva.
Article 18 All private occupations or professions shall he open to all on equal terms.
Article 19 Every person has a right to own property,
No person shall be deprived of his property except in the public interest and in return for just compensation.
The State may determine the property capable of private appropriation and regulate the acquisition and use of such property.
The right to full or part ownership of any industrial, commercial or other profit-making private or collective enterprise, is governed by the law of the country within which such enterprise is situated.
/Article 20

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Article 14
Sous reserve des measures legislatives d'ordre general prises en
vue de la securite et de l'interet commun, tout Individu peut librement
circuler et choisir librement sa residence a l'interieur de l'Etat; 11
peut egalement emigrer ou s'expatrier.
CHAPITRE 4 (Statut Juridigue)
Article 15
Tout individu possede en tons lieux la personnalite Juridique.
Article 16
Nul ne peut etre prive d'ekercer personnellement ses droits, si ce
n'est en vertu d'une loi generale, en raison de l'age, de l'etat mental,
ou d'une autre situation requerant dee measures de protection ou en suite
d'une condamnation penals.
Article 17
Tout individu a le droit de contracter mariage en se conformant
aux lois.
Article 18
les conditions d'acces a toutes les occupations et professions de
caractere prive', seront les memes pour tous.
Article 19
Tout individu a droit a la propriete personnelle,
Nul ne peut etre prive de sa propriete gue dans l'interet public
et moyennant une juste indemnite.
L'Etat peut determiner les biens susceptibles d'appropriation privee
et reglementer l'acquisition et l'usage de ces biens.
Le droit d'etre, en tout ou partie, proprietaire d'entreprlses
industrielles, commerciales. ou d'autres entreprises individuelles ou
collectives, a, but lucratif, est. regi par la loi du pays ou l'entreprise
est situee.
/Article 20

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Article 20
Every person shall, have access whether as plaintiff or defendant, to independent and impartial tribunals for the. determination of his rights, liabilities and obligations under the lav. He shall have the right to obtain legal advice and, if necessary, to he represented by counsel. CHAPTER 5. (Public' Freedoms)
Article 21
The personal freedom of conscience, belief and opinion is an absolute and sacred right. The practice of a private or public creed and the expression of conflicting-convictions may not be subjected to any restraints except those necessary to protect public order, morality and the rights and freedoms of others.
Article 22
No person may be molested for Ms opinions, even if they derive from other than national sources. Every peson is equally free to change, affirm, or impart his opinion, or to hear and discuss the opinions of others.
Article 23
There shall be freedom of expression by word of mouth, in writing, in the press, in books or by visual, audible or other means; provided, however, that the author, and the publishers, printers and others concerned shall be answerable for any abuse of this right by defamation of character or failure to present information end news in a true and impartial manner.
Article 24
The freedom of assembly and of association for political, cultural, scientific, sporting, economic and social purposes compatible with this Bill is recognized and guaranteed, subject only to the protection of public order.
/Article 25

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Article 20
Tout individu peut acceder, en demands comme en defense, a des tribunaux independents et Impartlaux qui diront quels sont ses droits, responsabilites et obligations au regard de la lot, II doit pouvoir consulter tin conseil et, le cas echlant, se faire representer par lui.
CHAPITRE 5 (Libertes publiques)
Article 21
La literte individuelle de conscience, de croyance et de pensee est un droit sacre et absolu.
L'exercice d'un culte public ou prive et les manifestations de convictions opposees ne peuvent etre soumis qu'aux restrictions imposees dans 1' inter et de l'ordre public, de la morale ou des droits et libertes d'autrai.
Article 22
Nul ne peut etre inquiete pour, ses opinions meme s'il a puise a dee sources d'information autres que nationales. .
Tout individu est egalement litre de modifier son opinion, de l'af-flrmer ou de la communiguer, d'entendre et discuter les opinions d'autrul.
Article 23
La parole, l'eorit, la presse, le livre et les moyens d'expression visuels auditifs ou autres, sont litres - sauf pour l'auteur et eventuelle-ment les editeurs, les Imprimeurs, etc., a repondre de l'abus de cette liberte, s'il a soit diffame" autrui, soit manque a 1 'obligation de presenter les informations et nouvelles avec loyaute et Impartialite.
Article 24
La liberte de reunion et la liberte de s'associer en organisations
poursuivant des tuts politiques, culturels, scientifiques sportifs,
economiques et sociaux compatibles avec la presente Declaration des droits
sont reconnus et garanties, sous la seule reserve de ne pas troubler 1'ordre
public. /Article 25

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Article 25 Ho State may deny any individual the right, either for himself or in association with others, to petition the authorities or government of his country or of his residence, or the United nations, for the redress of grievances.
Article 26 Whenever a government seriously or systematically violates the, fundamental human rights and freedoms, individuals and peoples have the right to resist oppression and tyranny, without prejudice to their right of appeal to the United Nations.
CHAPTER 6. (Political Bights) Article 27 Every person has an equal right to take part, directly or throught his representatives, in the formation of the law, the institution of the taxes necessary for public expenditure end generally the government of the State of which he is a citizen. Each citizen shall hear his share of public expenses according to his means.
Article 28
The government shall conform to the wishes of the people, as expressed in democratic elections. Elections shall be periodic, free and fair.
Article. 29
The protection of Human Rights requires a public force. Such force shall be instituted for the service of all and not for the private use of those to whom it is entrusted. Each citizen should regard it as an honour to perform military service in States where such service 'exists.
Article 30 All public offices shell be open to all citizens equally; such offices may not be considered as privileges or favours,
/but should '

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Article 25
Aucun Etat ne pout dealer a n'importe quel individu le droit
d'adresser, seul ou conjointsment avec d'autres, des petitions soit
auy autorites et au gouverment de eon pays ou de sa residence, soit
a 1 'Organisation des Nations Unies pour obtenir le redressement
d'atus,
Article 26
Lorsqu'ua regime foule pavement ou systematiqueiaent les droits et litertes fondaaentales de l'homme, lee individus et les peuples possedeat, sans prejudice de I'appel aux Nations Unies, le droit de register a l'oppression et a la 1yrannie.
CHAPITRE 6 (Droits politiques)
Article 27 Dane l' Etat dont 11 eat eitoyren, tout Individu a un droit egal de (concourir, par lui-meme ou SES representees a la fanoation de la loi, a, l^tatliaBeaient des contributions Indispensables aux depenses publiques, et d'une maniere generals, au gouveraement de son pays, Chacun support© sa part des depenses publiqes, eelon see facultes.
Article 28 Le gouveraement doit se conformer a la volonte du peuple, ffisnifeete© par des Elections democrat iques. Celles-ci seront periodique, litres et sinceres
Article 29 la garantie des Droits de l'homme necessite une forme publiq,ue. Celle-of est institute pour le service de tous, non pour l'utillte particuliere de coux a qui elle est confine. Tout citoyen doit considered, come un horrneur de participer au service militaire la, ou il est etabli.
Article 30 Toutes les f fonctions publiques seront egalement acceesibles a, tous
les eitoyens; elles ne peuvent etre considerees comme des privileges ou
/des faveurs,

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but should be granted to the ablest on the basis of completive examinations or on the grounds of their qualifications.
Article 31 There can be no guarantees of Human Rights where the authors of or accessories to arbitrary acts go unpunished and where there is no provision establishing the liability of public authorities or their agents.
CHAPTER 7. (Rationality and Protection of Aliens)
Article; 32 Every person has the right to a nationality. It is the duty of the United Nations and Member States to prevent statelessness as being inconsistent with human rights and the interests of the human community.,
Article 33 Every State has the right to grant asylum to political refugees.
Article__34 Ho alien legally admitted to the territory of a State ,may be expelled therefrom without being given a hearing If his residence is of at least one years standing, his expulsion may not take place except in pursuance of a judicial decision or recommendation for reasons recognized by law.
CHAPTER 8. (Social, Economic and Cultural Rights)
Article 35 All persons have the right and the duty to do work useful to society and to develop their personalities, fully.
Article 36 Services may be hired for a term, but no person may alienate his person or place himself in a state of servitude to another.
/Article 37

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des favours, male doivent etre attributes aux plus capables, choisis au coneours ou a rale on de leurs titles,
Article 31 II n'y a pas de garanties des droits de l'hogme, la ou les autmrrs et complices d'actes arbitrages ne sont pas pun is et ou n'est pas organisec la responsabilite' eoit des collectivites publiques, soit de leurs fonctionnaires,
CHAPITRE_7 (Nationality et protection des etrargers).
Article 32 Tout individu a droit a, une nationality.
Les Nations Unies ont} ayec les Etats Membres, le devoir de prevenir 1'apatridis contraire aux droits de l'Homme et a *** de la COMMU-naixte humaine,
Article 33 Tout Etat a le droit d'accorder asile aux refugies politlques.
Article 34 Aucun stranger legalement admis sur le territoire d'un Etat ne peut en etre expulse eane avoir eu la possibilite de se faire. entendre. S'i1 a une residence depuis au modus une annee, cette expulsion ne peut avoir lieu quen execution d'une decision ou recommandation judiciaire, pour les motifs autorises par la loi.
CHAPITRE 8 (Droits Sociaux, economiques et culturels)
Article 35 Tout homme a le droit et le devoir d'accomplir un travail utile a la societe et'a 1'epanouissement de sa personnalitet
Article 36 II peut engager ses services a temps. Mais il ne peut ni aligner ' sa personne, ni se placer en etat de servitude vis-a-vis d'autrui.
/Article 37

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Human labour is. not a chattel. It must be- perfOrmed in suitable conditions. It must be Justly remunerated according to its quality, duration and purpose, and must yield a decent standard of living to the worker and his family.
Article 38 Every worker has the right to protect his professional interests. In particular, he may, either in person or through his representatives or his trade unicn organization, take part in the collective determination of conditions of work, the preparation of general plans of production or distribution, and in the supervision and management of the undertaking in which he works.
Article 39 Every human being has the right to assistance from the community to protect his health. General measures should, in addition, be taken to promote public hygiene and the betterment of housing conditions and nutrition.
Article 40 Every person has the right to social security. The community should take steps to prevent unemployment and to organize with contributions from those concerned, insurance against disability, illness, old age and all other involuntary and undeserved loss of work and of livelihood. . Mothers and children have the right to special attention, care and resources.
Article 41 All persons have an interest in learning and a right to education. Primary education is obligatory for children and the community shall provide appropriate and free facilities for such education.
' Access to higher education should be facilitated by the grant of equal opportunities to all young persona and adults without distinction as to
/race,

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Article 37 Le travail humain n'est pas une marchandise. II dolt s'accomplir dans das conditions convenables. II doit etre Justement remunere, suivant sa qualite, sa duree et le but auquel il repond et lui permettre un niveau de vie decent pour lui et sa famille.
Article 38 Quicongue travaille a droit a defendre ses interets professionnels. II peut notamment contribuer, par lui ou par 1'intermediaire ds sea delegues ou de son organisation syndicale, a la determination collective

dee conditions du travail, a l'establissement des plana generaux de production.
et de repartition, et, le cas escheant, participer au controle et a la
gestion de 1'entreprise ou il travaille.,
Article 39
Tout etre humain a droit, pcur le soin de sa sante, a l'appui de la collectivite. Des mesures generalss doivent en cutre etre prises en faveur de I'hygiene publigue et de 1'amelioration dee conditions de l'habitation et de 1'alimentation.
Article 40
Tout individu a droit a la securite sociale. la collectivite doit, prendre les dispositions neceesaires pour empecher le chomage et organiser avec la contribution dea interesse 1'assurance contra 1!invalidity, la maladie, la vieillesse et contre tous autrea cas de perte involontaire et inameritee du travail et des moyens d'existence.
La materaite et I'enfance conferent un droit a des egards, a des soins et a des ressources speciales.
Article 41
Tout etre humain a vocation au savoir et droit a 1'instruction. L'instruction primaire eat obligatoire pour les enfants et la collectivite en fournira gratuitement les moyens appropries.
L'acces aux etudes superieures doit etre favorise, en dormant a tous les jeunes gens et aux adultes egalite de chances, sans distinction de
/race, de sexe,

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race, sex, language, religion, social standing or financial means.
Yocatiorial and technical training should be generalized.
Article 42
Every person has the right to a fair share of rest and leisure and to a knowledge of the outside world.
Every person has the right to participate in the cultural life of the community, to enjoy the arts and to share in the benefits of science.
Article 43
The authors of all artistic, literary and scientific works and inventors shall retain, in addition to the Just remuneration of their labour, a moral right to their work or 'discovery which shall not disappear even after such work or discovery has become the common property of mankind.
Article 44
In all countries, where' there are substantial communities of a race, language or religion other than that of the majority of the inhabitants, persons belonging to such ethnical, linguistic or religious minorities shall have the right, within the limits required by public order, to open and maintain schools; and religious or cultural institutions. Subject to the same limitations, they may use their language in the press, at public meetings and when appearing before the courts or other authorities of the State.
Article 45
The provisions of the present International Bill of Human Rights are part of the fundamental principles of International law and shall become an integral part of the Municipal law of the States Members of the United Nations; their application is a matter of concern to public International order, and the United Nations is competent to take cognisance of violations of the said.provisions.
/Article 46

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race, de sexe, de langue, de religion, de condition socials ou de fortune des individus appeles a en beneficier.
La formation technique et professionnelle doit etre generalises,
Article 42
Tout individu a droit a une Juste part de repos et de loisir et de connaissance du monde exterieur.
Tout individu a le droit de prendre part a la vie culturelle de la societe, de jouir des arts, de participer aux bienfaits de la science.
Article 43
L'auteur de toute oeuvre artistique, litteraire, scientifique et 1' inventeur conservent Independamment des revenue legitimes de leur travail un droit moral sur leur oeuvfe ou leur de couverte qui ne disparait pas, meme lorsqu'elle est tombe dans Ie patriooine commun de tous lea hommes.
Article 44
Dans tous les pays oil se trouve un nombre appreciable d'individus agglbmdres de race, de langue ou de religion autres que celle de la majority des habitants, les individus appartenant a ces minorites ethnigues, lingulstiques et religieuees auront 1e droit dans lea limites assignees par l'ordre public,d'ouvrir et d'entretenir des ecoles et des institutions religieuses ou culturelles. lIs pourront dans les memes limites, user de leur langue dans la presse, les reunions publiques, ainsi que devant les tribunaux et autres autorites de l'Etat.
Article 45
Les dispositions de la presente Declaration Internationale des Droits de l'Homme font partie des principes fondamentaux du droit international et devront devenir partie integrante du droit national des Etats Membres des Nations Unies, leur application interesse l'ordre public international et les Nations Unies sont competentes pour connaitre les violations desdites dispositions.
/Article 46

Page 67
Article 46
Each State Member of the United Nations has the duty to take such legal measures and make such legal arrangements as may be necessary withln the scope of its jurisdiction to apply and ensure respect for the rights and freedoms proclaimed in the present Bill. If necessary, Members shall co-operate to this end.
The United Nations and its specialized agencies shall recommend all such international conventions, and shall each take such measures as may be necessary to give full effect to the provisions of the Charter and of the present Bill to safeguard these rights and freedoms throughout the world.

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Article 46
Chacun dee Etate Membred de 1'Organisation des Nations Unies a 1© devoir de prendre lea mesurea et dispositions juridiques necessaires pour assurer, dans 1'etendue de ea Juridiction, la miss en vigueur et le respect effectif des droits et libertes proclaraes dans la presents declaration. Si besoin est, lis collaboreront a cet effet,
les Nations Unies et leurs institutions specialisees recommanderont toutes les conventions Internationales et prendrcnt, chacune pour leur part, toutes lee mesures necessaires pour donner plein effet aux dispositions de la Charte et de la presents Declaration pour sauvegarder dans le monde entier ces droits et llbertes,

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ANNEX E
COMMISSION ON HUMAN RIGHTS
REPORT OF THE DRAFTING COMMITTEE OK AN INTERNATIONAL BILL OF HUMAN RIGHTS
SUGGESTIONS FOR THE PREAMBLE OF AN INTENATIONAL DECLARATION ON HUMAN RIGHTS
SECRETARIAT DRAFT OUTLINE
The Preamble shall refer to the four freedoms and to the provisions of the Charter relating to human rights and shall enunciate, the following principles:
1. that there can be no peace unless human rights and freedoms are respected ;
2. that man does riot have rights only; he owes duties to the society of which he forma part;
3. that man is a citizen both of his State and of the world;
4. that there can be no Human freedom or dignity unless war and the
threat of war is a bolished. TEMPORARY WORKING GROUP OF THE DRAFTING COMMITTEE
We, the Peoples of the United Nations,
CONSIDERING
1. that ignorance and contempt of human rights have been among the principal causes of the sufferings of humanity and of the Massacres and barbarities which outraged the conscience of mankind before and especially during the last world war; and
2. that there can be no true peace unless human rights and freedoms are respected; and only by abolishing war and the threat of war can human freedom and dignity be assured to all mankind; and ;
3. that it has been proclaimed as the supreme aim of the recent strife that human beings shall be free in speech and in worship and free from fear and want; and
4. that the Charter begins by reaffirming our faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women; and
5, that lt is

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54 that it is one of the purposes of the United nations to achieve international co-operation in promoting and. encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion; and.
6. (There were two points of view: (l) that the wording as submitted by Professor Cassin, "That the enjoyment of such rights and freedoms by all persons' must be protected by the commonwealth of nations and sacred by international as well as national laws," be retained and modified;
(2) that the previous and following paragraphs covered the substance and that it was more suited to the preamble of a Convention.) NOW, THEREFORE, we the Peoples of the United Nations have resolved to define in a solemn Declaration the essential rights and fundamental freedoms of man, so that this Declaration, being forever present in the minds of all man, may constantly remind them of their rights and duties and that the United Nations and the Member States may constantly be inspired by the principles so formulated to translate them into reality. CHILE
1. Whereas freedom and dignity are essential and inalienable attributes of the human person;
2. Whereas in order to enjoy fully the fundamental freedoms of
thought, expression and activity, the human being must be biologically
and economically protected against social insecurity;
(Note: These two Articles are drafted by the Representative
of Chile for possible inclusion in the suggested Draft Preamble of the Temporary Working Group.)
UNITED KINGDOM PROPOSALS FOR A PREAMBLE OF A CONVENTION
1. Whereas the peoples of the United Nations have reaffirmed their
faith in fundamental human rights and in. the dignity and worth, of the
human person;
/2. Whereas it is one

Page 71
2. Whereas It is one of the purposes of the United Nations to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion;
3. Whereas all men are members of communities and as such have the duty to respect the rights of their fellow men equally with their own; 4. Whereas the just claims of the State, which all men are tinder a duty to accept, must not prejudice the respect of man's right to freedom and equality before the law and the safeguard of human fights, which are primary and abiding conditions of all just government;
5. Whereas the denial of human rights and fundamental freedoms endanger the general welfare and friendly relations among nations and the enjoyment of such rights and freedoms by all persons must be secured by International law and protected by the organized community of States;
6. Whereas it is expedient to define more exactly the aforesaid human rights and fundamental freedoms and to make provision for their universal observance and protection;
Now therefore the States parties to this International Bill of Rights have accepted the following provisions: UNITED STATES SUGGESTIONS FOR A PORTION OF THE PREAMBLE
"Whereas one of the purposes of the United Nations as set forth in its
Charter is to achieve, international co-operation in promoting and
encouraging respect for and observance of human rights and fundamental
freedoms for all;
"Whereas all Members of the United Nations have pledged themselves to
take joint and separate action in co-operation with the Organization
for the achievement of universal respect for, and observance of, human
rights and fundamental freedoms for all without distinction as to race,
sex, language, or religion;
"Whereas the adoption of a bill of human rights will promote the
fulfillment of this purpose;
/"Therefore

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"Therefore the General Assembly calls upon the Member States to mate
effective the rights set forth in this bill by international convention
and national legislation,"
SUGGESTIONS FOR A PREAMBLE TAKEN BY TOE DRAFTING COMMITTEE FROM THE LAST ABTICLS OF PROFESSOR CASSIS'S REVISED TEXT
The United Nations and their specialized agencies shall recommend all
international conventions and shall take, each within their respective spheres,
all measures for the implementation of the provisions of the Charter and of
this Declaration, in view of protecting these rights and freedoms all over
the world.

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ANNEX F
COMMISSION OH HUMAN RIGHTS
REPORT OF THE DRAFTING COMMITTEE ON AN INTERNATIONAL BILL OF HUMAN RIGHTS
SUGGESTIONS OF TEE DRAFTING COMMUTES FOR ARTICLES OF AN INTERNATIONAL DECLARATION ON HUMAN RIGHTS.
/article 1
All Men are brothers. Being endowed with reason and conscience, they
are members of one family. They are free, and possess equal, dignity and
rights.
Articles 2, 3 and 4
First Alternative (three Articles)
Article 2 The object of society is to afford each of its members
equal opportunity for the full development of his spirit,
mind and body.-
Article 3 . As human beings cannot live and develop themselves without
the help and support of society, each one owes to society
fundamental duties which are: obedience to law, exercise
of, a useful activity, willing acceptance of obligations
and sacrifices demanded for the common good.
Article 4 In the exercise of his rights, everyone is limited by the
rights of others.
Second Alternative (one Article only)
Article 2 These rights are limited only by the equal rights of others.
Man also owes duties to society through which he is enabled
to develop his spirit, mind and body in wider freedom.
Article 5
All are equal before the law and entitled to equal protection of the
law. Public authorities and judges, as well as individuals are subject to
the rule of law.
The United States suggested alternative Articles which appear in Annex C.
/Article 6

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Article 6
Every one is entitled to the rights and freedoms set forth in this
Declaration, without distinction as to race, sex, language, or religion.
(1. The drafting Committee suggested that this natter he referred to the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities, for thorough consideration. 2. The view was expressed that the substance of this Article might he included in the Preamble to the Declaration, in which case, it could be omitted here.)
Article 7
Every one has the right to life, to personal liberty and to personal security. Additional Text (Chilean proposal)
Unborn children and Incurables, mentally defectives and lunatics, shall have the right to life.
All persons shall have the right to the enjoyment of conditions of life enabling them to live in dignity and to develop their personality adequately.
Persons unable to maintain themselves by their own efforts shall be entitled to maintenance and assistance. Alternative Text (Lebanon)
Every one has the right to life and bodily integrity from, the moment of conception, regardless of physical or mental condition, to liberty and
security of person.
Article 8 No one shall be deprived of his personal liberty or kept in custody except in cases prescribed by law and after due process. Every one placed under arrest or detention shall have the right to immediate judicial determination of the legality of any detention to which he may be subject.
(l. There was a feeling in the Drafting Committee that Articles 8, 9 and 10 would need to be reconsidered in the light of any convention that might be recommended for adoption, 2. The Representative of the United States felt that the following alternative wording for the second sentence might be considered:
/"Every one

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"Every one placed under arrest or detention shall have the right to release on bail and if there is a question as to the correctness of the arrest shall have the right to have the legality of any detention to which he may he subject determined in a reasonable time.")
Article 9
No one shall he held guilty of any offence until legally convicted.
No one shall be convicted or punished for any offence except by judgment of an independent and impartial court of law, rendered in conformity with law after a fair and public trial at which he has had an opportunity for a full hearing and has been given all guarantees necessary, for his defence.
Article 10
No one can be convicted of crime unless he has violated some law in effect at the time of the act charged as an offence nor be subjected to a penalty greater than that applicable at the time of the commission of the offence.
No one, even if convicted for a crime, can be subjected to torture.
Article 11
Slavery, which is inconsistent with the dignity of man, is prohibited
in all Its forms.
(l. The consensus of opinion of the Crafting Committee was that . the substance of the following sentence, which formed a part of this Article, might be included and elaborated In a Convention: "Public authority may impose a personal service or work only by application of a law and for the common interest.")
Article 12
The privacy of the home and of correspondence and respect for
reputation shall be protected by law.
Alternative Text (Chile and France)

The Inviolability of privacy, home, correspondence and of reputation shall be protected by law.
Article 13 There shall be liberty of movement and free choice of residence. within the borders of each State. This freedom may be regulated by
/any general

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any general law adopted in the interest of national welfare and security. Individuals may freely emigrate or ranounce their nationality.
(The Committee expressed the opinion that this text should be passed on to the Sub-Commission on Prevention of Discrimination and Protection of Minorities for further consideration.)
Article 14
Every one has the right to escape persecution on grounds of political or other beliefs or on grounds of racial prejudice by taking refuge on the territory of any State willing to grant him asylum.
Article 15
Every one has the right to a status in law and to the enjoyment of fundamental civil rights.
Every one shall have access to independent and impartial tribunals
for the determination of his rights, liabilities and obligations under the
law. He shall have the right to consult with and to be represented by
counsel.
(1. In considering this Article the Drafting Committee discussed the right to contract marriage, but decided to wait until the Sub-Commission on Prevention of Discrimination and the Protection of Minorities had reviewed recommendations made on this subject by the Commission on the Status of Women and had reported back to the Commission on Human Rights on its findings. 2. The Representative of France suggested the following text in French to replace the second sentence, of the second paragraph of this Article: "Il aura le droit d'etre assists et, toutes las fois que sa comparution personnelle ne sera pas exigee par la lol, represents per un conseil.")
Article 16
There shall be equal opportunity for all to engage in all vocations
and professions not constituting public employment.
(The Drafting Committee expressed the opinion that the rights of foreigners in relation to this Article should be the subject of a Convention.)
Article 17.
Every one has a right to own personal property.
No one shall be deprived of his property except for public welfare
and with Just compensation,
The State may determine those things, rights and enterprises, that
/are susceptible

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are susceptible of private appropriation and regulate the acquisition and use of such property.
(1. The Representative of the United States stated the opinion that it was sufficient to say "Every one has a right to own property" and objected, to. the use of the word "personal" as qualifying "property" because of its technical meaning (chattels as distinguished from real property) in English-American law.
2. The Representatives of Australia and of the United Kingdom stated the opinion that the Article should be deleted altogether.
3. The Representative of Chile felt that the concept of the right to property, as stated in the Draft submitted by his Government, should be included.)
Article 18
Every one has the right to a nationality.
(The Drafting Committee expressed the opinion that this Article should be considered at greater length as the subject of a
(Convention.)
Article 19
No alien legally admitted to the territory of a State may be expelled
There from without having a fair hearing.
(Members of the Drafting Committee appreciated that the subject of the Article constitutes a difficult problem and stated the opinion that it needed further consideration.)
Article 20
Individual freedom of thought and conscience, to hold or change
beliefs, is an absolute and sacred right.
The practice of a private or public worship, religious observances,
and manifestations of differing convictions, can be subject only to such limitations as are necessary to protect public order, morals and the rights and freedoms of others. Alternative Text (United Kingdom),
1. Every person shall be free to hold any religious or other belief
dictated by his conscience and to change his belief.
2. Every person shall be free to practice, either alone or in community
with other persons of like mind, any form of religious worship and
observance, subject only to such restrictions, penalties or liabilities as are strictly necessary to prevent the commission of acts which offend laws
/passed

E/CN.4/21 Page 78
passed in the Interests of humanity and morals, to preserve public order and to ensure the rights and freedom of other persona.
3. Subject only to the same restrictions, every person of full age and sound mind shall be free to give and. receive any form of religious teaching and to endeavour to persuade other persons of full age and sound mind of the truth of his beliefs, and in the case of a minor the parent or guardian shell be free to determine what religious teaching he shall receive.
Article 21
Every one is free to hold or impart his opinion, or to receive and seek information and the opinion of others from sources wherever situated. Alternative Text (France)
The Representative of France suggested that this Article read in French as follows:
"Pereonne ne peat etre inquiete en raieon de ses opiniona,
"Chacun est libre de scutonir ou d'exprimer son opinion, de connaitre
celle des autres, de recevoir ou de rechercher des informations a toutes
lea sources possibles."
Article 22
There shall he freedom of expression either by word, in writing, in
the press, in boots or by visual, auditive or other means. There shall he
equal access to all channels of communication.
(This would need to be considered by the Sub-Commission on Freedom of Information and of the press for possible inclusion in the Convention or the Declaration and would have to be alaborated further.)
Article 23
There shall be freedom of peaceful assembly and of association for
political, religious, cultural, scientific, professional and other purposes.
(This would need to be considered for possible inclusion in the Convention or the Declaration and would have to be elaborated further.)
Article 24 No State shall deny to any individual the right, either individually
/or in

Page 79
or in association with others, to petition or to communicate with the Government of his State or of his residence or the United Nations,
Article 25
"When a government, group or individual seriously or systematically tramples the fundamental human rights and freedoms, individuals and peoples have the right to resist oppression and tyranny. (There was a substantial expression of opinion in favour of including this Article in the Preamble instead of as an Article.)
Article 26
Every one has the right to take an effective part in his Government directly or through hie representatives. Alternative Text (Chile, Prance and Lebanon)
Every one has the right to take an effective part directly or through his representatives in the formulation of law, the framing of Tex policy for public expenses and his government whether State or territorial.
Article 27
The State can derive its authority only from the will of the people and has a duty to conform to the wishes of the people. These Wishes shall be manifested particularly by democratic elections, which shall be periodic, free, and by secret ballot.
Article 28
Every one shall have equal opportunity to engage in public employment and to hold public office in the State of which he is a citizen. Access to examinations for public employment shall not he a Matter of privilege or favour.
(It was felt that the Article might he referred to the Sub-Commission on Prevention of Discrimination and Protection of Minorities, after which it might be elaborated further.)
Article 29 Every one has the right to perform socially useful work.
Article 30 Human labour is not a merchandise. It shall be performed in good
/conditions

S/CN.4/21 Page 60
conditions and shall secure a decent standard of living to the worker and
His family.
Article 31
Every one has the right to education. Primary education shall be . free and compulsory. There shall be equal access for all to such facilities. for technical, cultural and higher education as can be provided by the Stats or community on the basis of merit and without distinction as to race, se;c. language, religion, social standing, political affiliation or financial means,
Article 32
Every one has the right to a fair share of rest and leisure.
' Article 33
Every one, without distinction as to economic or social conditions, has a right to the highest attainable standard of health. The responsibility of the State and community for the health and safety of its people can be fulfilled only by provision of adequate health and social measures. (The Drafting Committee suggested that each Article referring to economic and social rights should be referred to the appropriate Specialized Agencies for their consideration and comment,)
Article 34
Every one has the right to social security. To the utmost of its possibilities, the State shall undertake measures for the promotion of full employment and for the security of the individual against unemployment, disability, old age and all other loss of livelihood for reasons beyond his control. . Mothers and children have the right to special regard, care and resources.
Article 35
Every one has the right to participate in the cultural life of the community, to enjoy the arts, and to share in the benefits that result
/from

Page 8l
from scientific discoveries,
(it was the opinion of some of the members that the thought back of this Article should he included in the Preamble.)
Article 36
In States inhabited by a substantial number of persons of a race, language or religion other than those of the majority of the population, persona belonging to such ethnic, linguistic or religious minorities shall have the right as far as compatible with public order to establish and maintain their schools and cultural or religious institution's, and to use their own language in the press, in public assembly and before
the courts and other authorities of the State .
(In view of the supreme importance of this Article to many countries, the Drafting Committee felt that it could, not prepare a draft Article without thorough pre-examination by the Commission on Human Rights and suggested that it might if, necessary be referred -to the Sub-Commission on Prevention of Discrimination and Protection of Minorities for examination of the minority aspects.) .
Footnote to this document;. .The consensus' of opinion of the Drafting Committee was thaat the substance of the following draft Article might receive consideration for inclusion in an International Convention;
"Authors of all artistic, literary and scientific works and inventors shall retain, In addition to the just remuneration of their labour, a moral right on their work and/or discovery which shall not disappear, even after such work and/or discovery shall have become the common property of mankind,"

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ANNEX G
COMMISSION ON HUMAN RIGHTS
REPORT OF THE DRAFTING COMMITTEE ON AN INTERNATIONAL BILL OF HUMAN RIGHTS
DRAFT ARTICLES ON HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS. TO BE CONSIDERED FOE INCLUSION IN A CONVENTION
Article 1
(Formerly Article 8, United Kingdom Draft, Document E/CN.4/AC.1/4) It shall be -unlawful to deprive any person of his life save in
the execution of the sentence of a court following on his conviction
of a crime for which this penalty is provided by law.
Alternative Text (Lebanon)
It shall be unlawful to deprive any person, from the moment of .
conception, of his life or bodily integrity, save in the execution of the
sentence .of a court following on his conviction of a crime for which this
penalty is provided by law.
Article 2
(Addition suggested by the Drafting Committee) No person shall be subjected to:
(a) torture in any form;
(b) any form of physical mutilation or medical or scientific experimentation against his will;
(c) cruel or inhuman punishments.
Article 3
(Taken from a United States proposal for rewording a Secretariat Article in the Declaration. The United States subsequently amended this proposal in document E/CN.4/AC.1/8/Rev.1) No one shall be held in slavery, nor be required to perform compulsory labour in any form other than public service equally incumbent by law upon all or as part of punishment pronounced by a competent judicial tribunal No person shall be imprisoned or held in servitude in consequence of the mere breach of contractual obligations
/Article 4

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Article 4 (Formerly Article 10 of United Kingdom Draft)
1. No person shell be deprived of his liberty save by an arrest which is effected for the purpose of bringing him before a court on a reasonable suspicion of having committed a crime or which is reasonably considered to be immediately necessary to prevent his committing a crime or breach of
the peace.
2. Every person arrested and detained shall be brought without delay before a judge, who shall either try the case or decide, after bearing evidence, whether there is sufficient case to justify that person's trial and if so whether his liberty shall be restored to him on bail.

3. The period of detention pending trial shall not be unreasonably prolonged
4. The preceding provisions of this Article do not apply to (i) the lawful detention of a person sentenced after conviction to deprivation of liberty or (ii) lawful detention of persons of unsound mind or (iii) the lawful custody of minors or (iv) the lawful arrest and detention of a person to prevent his effecting an unauthorized entry into the country,
5. Every person who is deprived of his liberty shall have an effective remedy in the nature of "habeas corpus" by which the lawfulness of his detention shall be decided, speedily by a court and his release ordered if the detention is not justified.
6. Every person shall have an enforceable right to compensation in respect of any unlawful arrest or deprivation of liberty. Article 5 ' (Formerly Article 11, United Kingdom Draft) Every person who is not subject to any lawful deprivation of liberty or to any outstanding obligations with regard to national service shall be free to leave any country including his own.
Article 6
(Formerly Article 12, United Kingdom Draft)
No person shall be held guilty of any offence on account of acts or '
/omissions

E/CN.4/21 Page 84,
omissions which did not constitute such, an offence at the time when they were committed.
Article 7 (Addition Suggested by the Drafting Committee)
No person shall be restricted in the personal exercise of his civil rights or deprived, or judicial personality, save in the case of:
(a) minors;
(b) persons of unsound mind; and
(c) persons convicted, of crime for which this penalty is provided by law.
Article 8 (Formerly Article 13, United Kingdom Draft)
1. Every person shall be free to hold any religious or other "belief diotated by his conscience and to change his belief.
2, Every person shall be free to practice, either alone or in community with other persons of like mind any form of religious worship and observance, subject only to such restrictions, penalties or liabilities as are strictly necessary to prevent the commission of acts which offend laws passed in the interests of humanity and morals, to preserve public order and to ensure the rights and freedoms of other persons.
3. Subject only to the same restrictions, every person of full age and sound mind shall be free to give and receive any form of religious teaching and to endeavour to persuade other persons of full age and sound mind of the truth of his beliefs, and in the case of a minor the parent or guardian shall be free to determine what religious teaching he shall receive.
Article 9
(Formerly Article l4, United Kingdom Draft)
1. Every person shall be free to express and publish his ideas orally in
writing, in the form of art, or otherwise.
/2 very-Person

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. 2. Every person shall be free to receive and disseminate information of all kinds, including both facts, critical 'Comment and ideas by books, newspapers, or oral instruction, and by the medium of all lawfully operated , devices.
3. The freedoms of speech and information referred to in the preceding paragraphs of this Article may be subject only to necessary restrictions, penalties or liabilities with regard to: matters which must remain secret in the interests of national safety; publications intended or likely to incite persons to alter by violence the system of "Government, or to promote disorder or crime; obscene publications; (publications aimed at the suppression of human rights and fundamental freedoms); publications injurious to the independence of the judiciary or the fair conduct of legal; proceedings; and expressions or publications which libel 6r slander the reputations of other persons, Comment to Article 9
The fundamental provisions of the Bill of Right relating to freedom of speech and information will be completed by other agreements, resulting from the work of the Sub-committee on Freedom of Information and the
"international conference on the subject.
Article 10
(Formerly Article 15, United Kingdom Draft)
All persons shall have the right to assemble peaceably for any
lawful purpose including the discussion of any matter, on which under Article
14 any person has the right to express and publish' his ideas. No restrictions
shall be placed on the exercise of this right other that those necessary
for the protection of life arid property and 'to prevent disorders, the'
obstruction of traffic and of the free movement of others.
Article 11
(Formerly Article 16, United Kingdom Draft)
All persons shell be free to constitute associations, in .whatever
/form may

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form may be appropriate under the law of the state, for the promotion and protection of their legitimate interests and of any other lawful object, including the dissemination of all information of which under Article. 9 the dissemination is unrestricted. The rights and freedoms set; forth in Articles 8 and 9 shall be enjoyed by such associations.
General Comment These suggestions will be completed by provisions prohibiting distinctions based on race, sex, language and religion. Ho attempt is made to draft these provisions in advance of the reports of the Sub-Commission on Discrimination and Minorities and also of the Commission on the Status of Women.

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ANNEX H
REPORT OF THE DRAFTING COMMITTEE ON AN INTERNATIONAL BILL OF HUMAN RIGHTS
MEMORANDUM ON IMPLEMENTATION PREPARED BY THE DIVISION OF HUMAN RIGHTS OF TEE SECRETARIAT AT THE REQUEST OF TEE DRAFTING COMMITTEE
1. The attention of the Drafting Committee is respectfully drawn to the
resolution of the Economic and Social Council of 21 June 1946 This
resolution reads as follows:
"Considering that the purpose of the United Nations with regard
to the promotion and observance of human rights, as defined in the
Charter of the United Nations, can only be fulfilled if provisions
are made for the implementation of human rights and of an
international hill of rights, the Council requests the Commission
on Human Rights to submit at an early date suggestions regarding
the ways and means for the effective implementation of human rights
and fundamental freedoms, with a view to assisting the Economic
and Social Council in working out arrangements for such
implementation with other appropriate organs of the United Nations."
(Journal of the Economic and Social Council, No. 29, page 521),
2. In a memorandum prepared for the Commission on Human Rights at its first session in January 1947, the Secretariat drew attention to Professor Lauterpacht's discussion of the problem of implementation in his book, "An International Bill of the Rights of Man,"
3. In the same memorandum, the Secretariat raised the following questions:
(a) whether or not the Bill should contain a provision to the
effect that it cannot be unilaterally abrogated or modified;
(b) whether or not the Bill should include an express statement
to the effect that the matters dealt with in it are of
international concern;
(c) whether or not the Bill should become part of the fundamental
law of States accepting it; and;
/(d) whether or not

E/CN.4/21 Page 88
(d) whether or not the provisions of the Bill should be declared to be directly applicable in the various countries without further implementation by national legislation or transformation into . national law;
It would seem that provisions of the nature mentioned in (c) and (d) are necessary if the Bill is to be enforceable as part of the national lav of the various countries accepting it. Insofar as implementation on the international plane is concerned, it is suggested that the Commission might consider the possibility of providing in successive stages for international supervision and enforcement. The following successive stages are suggested:
(a) the establishment of the right of the General Assembly and other organs of the United Nations, including possibly the Commission on Human Rights, to discuss and make recommendations in regard to violations of the Bill;
(b) the establishment of the right of individuals to petition the United Stations as a means of initiating procedure for enforcement of human rights;
(c) the establishment of a special organ of the United Nations with jurisdiction and the duty to supervise and enforce human rights motu proprio;
(d) the establishment of jurisdiction in this organ to consider cases of suspension of the Bill of Rights, either in whole or in part;
(e) the establishment of local agencies of the United Nations in the various countries with jurisdiction to supervise and enforce human rights therein. The Commission might find it useful, in this connection, to study the precedents established, for example, by the Convention between Germany and Poland on Upper Silesia of
15 May 1922.
The Commission may want also to discuss the role which the Security Council might play in the implementation of the Bill. According to
/Article 2,

Article 2, paragraph 7, of the Charter, the exception, of domestic
jurisdiction cannot be invoked in cases, where enforcement measures are .
being taken by the Security Council under Chapter VII. The Commission
may want to consider the question whether the Security Council should not
be given a more extended jurisdiction in the matter (E/CN.4/W.4, pages 13
and 14).
4. The first session of the Commission on Human Rights devoted relatively little time to the problem.. Nevertheless, Colonel Hodgson, the member for Australia, submitted a draft resolution for the establishment of an International. Court of Hunan Rights, This draft resolution reads as follows; (E/CN4/15)
"1. There is hereby established an, International Court of Human Rights. The. Court shall he constituted and shall function in accordance with the Articles contained in this Part and in the Statute of the Court.
.2. The Court shall have jurisdiction to hear and determine all disputes concerning the rights of citizenship and enjoyment of human rights and fundamental freedoms provided for in the Declaration of Human Rights, Subject to such conditions' as shall he contained . in the Statute of the Court, the Jurisdiction of the Court shall he both original and appellate, and shall extend to Questions of interpretation arising in such disputes as ere brought before administrative tribunals or administrative authorities. 3. The Appellate jurisdiction shall extend to appeals from all decisions of the courts of the States bound by the obligations contained in the Declaration of Human Rights, in which any question arises as to the rights of citizenship or the enjoyment of human rights, or fundamental freedoms..
4. The Court shall be open to any person or group of persons. It shall also be open to any of the States acceptors of the Declaration.
/5. Each of

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5. Each of the States accepting the Declaration shall comply with the judgment of the Court in any case to which the State is a party aria with any order which the Court may make against it,
6. Any judgment or order made by the Court in. favour of any person or group of persons within the jurisdiction of any of such States shall be fully effective according to its terms and shall be enforced in and by the State affected by the judgment or order.
7. Each of such States undertakes that the provisions contained In the declaration shall he recognized as fundamental laws and that no law, regulation or official action shall conflict or interfere with those provisions, nor shall any law, regulations or official action prevail over them.
8. The Court shall also have jurisdiction, both original and appellate, to hear and determine disputes concerning such rights of citizenship and enjoyment of human rights and fundamental freedoms as shall be provided for in the treaties of peace which will be made by any of the Allied and Associated Powers with Roumania, Bulgaria, Hungary, Finland, Austria, Germany or Japan.
9. The Court shall be composed of a body of independent judges, selected according to the standards laid down by the Charter of the United Nations for the election of judges of the International Court of Justice.
10. The Court shall consist of not less than three members appointed in the manner set out in the Statute of the Court.
11. The Court shall make an annual report to the. Economic and Social Council of the United Nations on the working of the Court in relation to the rights and freedoms within its jurisdiction. The Court may also make other reports to that Council if and when it thinks proper to do so."
5. At the fifteenth meeting of the Commission on Human Rights, Colonel Hodgson made the following comments: (E/CN.4/SR.15, page 2):
/"..The Australian

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"...The Australian Government considered, that the resolution of the General Assembly Committee regarding this Bill should not be a simple recommendation, hut a multilateral Convention binding Member States.. These States should incorporate the principles laid down in this Bill in their own legislation."
He recalled that similar, principles were incorporated in the Peace Treaties following the 1914-1918 war. In view of the negative results of those different declarations, the Australian Government had proposed, at the Paris Conference, the setting up of definite machinery for the application of these principles; that is to say, an International Court of Human Rights. By this, action, the Australian Government was only conforming with the terms, of a letter of June 1946 from Mr. Trygve Lie to the various governments. The Members of the Paris Conference, however, rejected this proposal on the grounds that the United Nations had at its disposal a body competent to settle the question; the Security Council. The objection was, in fact, unjustifiable as 'the Council could only intervene if peace were in danger, in view of the great number of
Stateless persons whose future could only be settled on the international

plane, the question was now even more acute,
The Australian Government therefore proposed that tine Commission on Human Rights should recommend to the Economic and Social Council and to the General Assembly, the creation of an International Court of Human Rights. This Court would be the Central Appeal Court to which States, groups of individuals or even single individuals could appeal when all domestic possibilities of appeal had been exhausted, 6. At the sixteenth meeting, again commenting on the Australian draft resolution, Colonel Hodgson recalled: (E/CN.4/SR.16, pages 2-3):
that the objection had been raised that the Commission could not consider implementing an international bill of rights before deciding on its contents,' He believed, however, that the Commie sic*
/had an obligation

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had an obligation under Article 56 to implement those rights and
freedoms already laid down in the Charter. It was necessary to
establish effective machinery to make those human rights and
fundamental freedoms a reality."
Moreover, it was not premature to consider machinery for implementation of the Bill, since the definitive rights to he enforced would be Known "by the time the hill was submitted to the General Assembly, The various principles enunciated therein would subsequently be incorporated in an international convention for ratification by States members. Therefore, the' elaboration and implementation of the Bill constituted parallel processes,
Colonel Hodgson also recalled that it had been suggested that the
human rights and fundamental freedoms embodied in the bill should first be
implemented by Governments through national legislation. He considered,
however, that this function belonged toan international tribunal, to which
there could be appeal over and beyond national courts,
In conclusion, the representative of Australia stated that the Commission should not confine itself to abstractions but was bound to consider immediately effective machinery for implementing human rights and fundamental freedoms, in accordance with its solemn obligations. He moved, therefore, that the Australian proposal for the establishment of an International Court of Human Rights should be referred to the drafting group for consideration, with a view to reporting on the implementation of human rights and fundamental freedoms, as contained in the proposed bill of human rights, to the next session of the Commission.
7. The question of implementation is also raised in the draft resolution for the General Assembly which was presented by Mrs. Hansa Mehta, the member of the Commission for India, at the first session of the Commission on Human Rights. This draft resolution reads as follows: (E/CN.4/11):
/"The General Assembly,

Page 93
"The General Assembly,
Recognizing the fact that the United Nations has been 'established for the specific purpose of enthroning the natural rights of man to freedom and equality before the law, and for upholding the worth and dignity of human personality;
Having taken note of the Preamble and the relevant clauses of the United Nations Charter;- the resolutions' of the Economic and Social Council; the Human Rights Clauses of the Trusteeship Agreements as approved by the

First Assembly of the United Nations; and the. Human Rights Clauses of the
European Treaties,
Resolves that the following be incorporated into a General Act of the United Nations Assembly:
1. (a) Every human being is entitled to the right of liberty, including
the right to personal freedom; freedom, of worship; freedom of
opinion; freedom of assembly and association; and the right to access
to the United Nations, without risk of reprisal, whenever there is
an actual or threatened infringement of human rights.
(b) Every human being has the right of equality, without distinction of race, sex, language, religion, nationality or political belief.
(c) Every human being has the right of security, including the right to work, the right to education, the right to health, the right to participate in government, and the right to property, subject only to the over-riding consideration of public weal when the State or its appropriate organs acquire it after paying equitable compensation,
2. (a) This General Act is an obligation undertaken by Member States
of the United Nations, and comes into force within twelve calendar
months from the date on which it is passed by the United Nations
Assembly.
(b) Non-self-governing areas and areas under the trusteeship of the United Nations automatically come under the regime of this Act.
/(c) Non-member

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(c) Non-Member states are eligible to adhere to this Act. 3. Nothing mentioned in this Act shall "be construed as not obligating the individual to his corresponding duties to his own State and to the international community under the United Nations.
4. No State Member of the United nations, non-self-governing territory, trusteeship area or non-member of the United Nations which has adhered to this Act, shall have the right to suspend it in whole or in part once it was adhered to in due form.
5. The Security Council of the United Nations shall he seized of all alleged violations of human rights, investigate them and enforce redress within the framework of the United Nations."
8. In accordance with the instructions of the Economic and Social Council,
the Secretariat prepared a draft outline of an International Bill of Rights
to serve as the basis of discussions in the drafting Committee. This
outline contains several articles which touch on the question of
implementation, to wit: (E/CN.4/AC.1/3):
Article 28: "Everyone has the right, either individually or in association with others, to petition the government of his State or the United Nations for redress of grievances."
Article 47: "It is the duty of each member State to respect and protect the rights enunciated in this Bill of Bights. The State shall, when necessary, co-operate with other States to that end."
Article 48 "The provisions of this International Bill of Bights shall he deemed fundamental principles of international law and of the national law of each of the member States of the United Nations. Their observance is therefore a matter of international concern and it shall be within the jurisdiction of the United Nations to discuss any violation thereof."
9. Immediately before the opening of the present session of the Drafting
Committee, lord Dukeston, the member of the Commission for the United Kingdom,
submitted a document (E/CN.4/AC.1/4 which deals with the question of
/implementation

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implementation, in Borne detail. This document is now before the Drafting Committee and, since it is long and must be read as a whole, no extracts are reproduced herein.
10. Reference to implementation will also be found in the proposal of the
United States for modification of Article 28 of the Secretariat draft. The
United States proposal reads ,as follows: (E/CN.4/AC.1/ll, page 32):
"Wo State shall abridge the right of every one, either individually or in association with others, to petition the government of his State or the United Nations for address of grievances."
11. Article 24 of Professor Cassin's draft deals with the. same point;
the Article reads as follows (3/CN/AC. 1/W.2/Rev.1, page 4):
"No State shall deny to any individual the right, either individually or in association with others, to petition the government, of his State or of his residence or the United Rations for redress
of grievances."

12. Professor Cassin also suggests that the Preamble to the Declaration
should include the following words: (E/CN.4/AC.1/W.l, page 2):
"...that the enjoyment of such rights and freedoms by all persons
must be protected by the the commonwealth of nations and secured by
international as well as national laws". .
Some of the members of the Drafting. Group were of the opinion, however, that if this provision were to be retained it should be modified and put in the Preamble of a Convention. .,
13. The question of implementation is raised in the final paragraph of
the proposal submitted by the Delegation of France to the Drafting Committee. This paragraph reads as follows: (E/CN.4/AC.1/5, page 2):.
"And that the General Assembly of 1947 instruct the Commission on Human Rights to study the constitution of an appropriate International organ with a view to ensuring effective observance of those rights."
/This memorandum

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This memorandum does not discuss the various suggestions for Implementation that have been submitted by individuals and organizations. Ik, luring the session of the Drafting Committee, the United States made the following suggestions concerning implementation: .
1. The Articles in this Bill of. Bights shall he referred to the
appropriate organs or agencies of the United Nations with a view to
the formulation of a series of international conventions to be
submitted individually to the member States for ratification or other
appropriate action in accordance with their respective constitutional
processes.
i. The Conventions thus concluded shall "be deposited with the Secreretary-General of the United Nations for registration and Sublioation in accordance with Article 102 of the Charter.
The Conventions shall provide for submission to the Secretaryeneral of copies of the lavs or regulations by which the member State Gives effect to the provisions of the Convention together with the name of the competent authority responsible for compliance, and of periodic reports concerning the enforcement and revisions of such laws.
4. The Secretary-General shall inform the General Assembly each year of the Conventions embodying the provisions of this Bill of Rights which have been proposed to the member States, and the number of States which have ratified or have failed to ratify them. 15. The consensus of opinion of the drafting Committee was that the following three Articles should be referred to the Commission on Human Rights for consideration in connection with the problem of implementation:
Article A There is no protection of human rights where the authors of tyrannical or arbitrary acts or their accomplices are not punished and whore there is no provision for the liability of public authorities or their agents.
/Article B

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Article B The provision of this International Bill of Rights shall be deemed fundamental principles of international law and shall become part of the national lay of each of the member Stages of the United Nations. Their observance is therefore a matter of international concern and it shall be within the Jurisdiction of the United Nations to discuss any violation thereof.
Article C It is the duty of each Member State to take, within its jurisdiction, all measures and legal dispositions for the enactment and effective respect of the rights and freedoms proclaimed in this Declaration. The State shall, when necessary, co-operate with other States to that end.