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International Proposals Affecting So-Called Human Rights

1949; Duke University School of Law; Volume: 14; Issue: 3 Linguagem: Inglês

10.2307/1189923

1945-2322

Frank E. Holman,

International Law and Human Rights

During this last year, as President of the American Bar Association, I have spoken on several occasions regarding the various proposals sponsored by the Economic and Social Council of the United Nations with respect to rights. I say so-called because the phrase is of recent usage and as yet without any adequate or accepted definition. The sponsors of the international human rights program would have this phrase include not only basic rights affecting life, liberty, and property, as heretofore known to lawyers, but also a whole category of social and economic benefits. The Charter of the United Nations refers to rights and fundamental freedoms, but without specific definition of what is comprehended or intended by these terms. Under the terms of the Charter the Economic and Social Council is empowered but not required to make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all. In accordance with this power to recommend, a Commission of Human Rights, acting as a sub-division of the Economic and Social Council, promulgated late in December, I947, a Declaration of Human Rights and a Covenant on Human Rights-two documents. The Commission announced that the Declaration was not to be legally binding on the member states but only to be a declaration of ideals to which the peoples of the world might aspire. The Covenant, however, when ratified by the member nations in the form of a treaty was to have the force and effect of law. Although, as indicated, it was stated that the Declaration was not to be legally binding, Mrs. Roosevelt and other members of the Commission soon asserted in the United Nations Bulletin, an official publication, that it was, nevertheless, to be treated as an authoritative interpretation of the provisions of the Charter. The personnel of the Commission that produced these two documents is of vital interest to all Americans. Mrs. Roosevelt, as Chairman, was the sole United States representative. It should be pointed out in passing that she is not a person trained in legal draftsmanship, but primarily a social reformer. Australia's representative was Col. William Roy Hodgson-a military man and a person whose experience was largely confined to government service. The United Kingdom's representative was Mr. Charles Dukes-a trade unionist by profession. These three were the only Anglo-Americans or representatives of English-speaking peoples on the Commission of eighteen members appointed to draft a Bill of Rights * Member of the bar of Washington; President, American Bar Association, 1949-1950.