Humphrey Draft of the Universal Declaration of Human Rights

First Draft of the Universal Declaration of Human Rights

A Draft Outline of an International Bill of Rights (Prepared by the Division of Human Rights of the Secretariat) [United Nations Document E/CN.4/AC.1/3 of 4 June 1947]

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 be no human freedom or dignity unless war and the threat of war are abolished.

Art. 1. Everyone owes a duty of loyalty to his State and to the [international society] United Nations. He must accept his just share of such common sacrifices as may contribute to the common good.

Art. 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.

Art. 3. Everyone 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 has been attached.

Art. 4. No one shall be subjected to torture, or to any unusual punishment or indignity.

Art 5. Everyone has the right to personal liberty.

Art 6. No one shall be deprived of his personal liberty save by a judgement of a court of law, in conformity with the law and after a fair public trial at which he has had an opportunity for full hearing, or pending his trial which must take place within a reasonable time after his arrest. Detention by purely executive order shall be unlawful except in time of national emergency.

Art 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 be subject.

Art 8. Slavery and compulsory labour are inconsistent with the dignity of man and therefore prohibited by this Bill of Rights. But a man may be 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.

Art 9. Subject to any general law adopted in the interest of national welfare or security, there shall be freedom of movement and free choice of residence within the borders of each State.

Art 10. The right of emigration and expatriation shall not be denied.

Art 11. No 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.Art. 12. Every one has the right to a legal personality. No one shall be restricted in the exercise of his civil rights except for reasons based on age or mental condition or as a punishment for a criminal offence.

Art. 13. Every one has the right to contract marriage in accordance with the laws of the State.

Art. 14. There shall be freedom of conscience and belief and of private and public religious worship.

Art. 15. Every one has the right to form, to hold, to receive and to impart opinions.

Art. 16. There shall be free and equal access to all sources of information both within and beyond the borders of the State.

Art. 17. Subject only to the laws governing slander and libel, there shall be freedom of speech and expression by any means whatsoever, and there shall be reasonable access to all channels of communication. Censorship shall not be permitted.

Art. 18. There exists a duty towards society to present information and news in a fair and impartial manner.

Art. 19. There shall be freedom of peaceful assembly.

Art. 20. There shall be freedom to form associations for purposes not inconsistent with this Bill of Rights.

Art. 21. Every one has the right to establish institutions in conformity with conditions laid down by the law.

Art. 22. Every one has a right to own personal property. His 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.

Art. 23. No one shall be required to pay any tax or be subjected to any public charge that has not been imposed by the law.

Art. 24. There shall be equal opportunity of access to all vocations and professions not having a public character.

Art. 25. Everything that is not prohibited by law is permitted.

Art. 26. No one shall be convicted of crime except by judgement 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.

Art. 27. There shall be access to independent and impartial tribunals for the determination of rights and duties under the law.

Art. 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 grievance.

Art. 29. Every one has the right, either individually or with others, to resist oppression and tyranny.

Art. 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.

Art. 31. Every one shall have equal opportunity of access to all public functions in the state of which he is a citizen.Appointments to the civil service shall be by competitive examination.

Art. 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. No one shall be deprived of his nationality by way of punishment or be deemed to have lost his nationality in any other way unless he concurrently acquires a new nationality.

Art. 33. No alien who has been legally admitted to the territory of a State may be expelled therefrom except in pursuance of a judicial decision or recommendation as a punishment for offenses laid down by law as warranting expulsion.

Art. 34. Every State shall have the right to grant asylum to political refugees.

Art. 35. Every one has the right to medical care. The State shall promote public health and safety.

Art. 36. Every one has the right to education.Each State has a 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 race, sex, language, religion, class or wealth of the persons entitled to benefit therefrom.

Art. 37. Every one has the right and duty to perform socially useful work.

Art. 38. Every one the right to good working conditions.

Art. 39. Every one has the right to such equitable share of the national income as the need for his work and the increment it makes to the common welfare may justify.

Art. 40. Every one has the right to such public help as may be necessary to make it possible for him to support his family.

Art. 41. Every one ahs 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.

Art. 42. Every one has the right to good food and housing and to live in surroundings that are pleasant and healthy.

Art. 43. Every one has the right to a fair share of rest and leisure.

Art. 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.

Art. 45. No one shall suffer any discrimination whatsoever because of race, sex, language, religion, or political creed. There shall be full equality before the law in the enjoyment of the rights enumerated in this Bill of Rights.

Art. 46. In the 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.

Art. 47. It is the duty of each Member State to respect and protect the rights enunciated in this Bill of Rights. The State shall, when necessary, co-operate with other States to that end.

Art. 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.

Notes and references