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Memorandum for statement at opening of meeting of advisers, Jan. 8-9, at the American Philosophical Society Building, Jan. 5, 1944. [1] (1944)

handle is hein.ali/hrbor605119 and id is 1 raw text is: A7y PERSONAL NOTES OF MR, LEWIS Social Rights I,, ! shall suggest that the questions raised by Manley Hudson in Annex I beginning on page 9 whould be discussed after we examine the articles submitted by the Sub-committee in the light of the comment written by the Reporter which is in Aimex 2 begining 'at page 11. In going over the article submitted that they should be regarded as falling under bills designated by Judge Hudson as B, i.e. an official declaration of policy not involving legal obligations. As we proceed, I think nearly a-l of us will have at least opinions as to whether a particular article should be in an Internatiowl Bill of Rights cast in terms of legal committments of states and to be able to express ourselves on that question if and when the time comes for this group of Advisers to make such expression. 2, The reason for the form adopted by the Sub-comoittee is clearly expressed under Comment 5, page 4. 5. Question - Preamble, page U1: I doubt the advisability of inserting the paragraph belinning the high'contracting parties, etc.' Question - As I understand it, the sub-committee's concept is that the words use6d to describe the right are i.itentionally not a specific definition of-- theright but that must be left to interpretation. Should the rights be in- serted in a post-war settlementp what Judge Hudson has cal±ed the B form., that is imposing legal obligations on states, some tribunal or other body would have to interprdt their meaning in its application to particular circumstance just as the Supreme Court of the United States interprets the due process clause.

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