Doc. No. 28 (G).
Memorandum on the Clauses of the Draft Treaty Concerning the Safeguard of Human Rights and Fundamental Freedoms
undated
Article 14
The Italian Delegation is of opinion that the provisions of Article 14 ought to be suppressed on the following grounds:
- 1.
- Respect of human rights and fundamental freedoms has always inspired the legislation of democratic Italy; it can even be said that, before and after the fascist period, it was the foundation of all legislation. In the new Constitution that the Constituent Assembly is working on, all these fundamental freedoms and rights will be solemnly confirmed by rules having the value of proper constitutional law. It therefore seems superfluous that an international obligation, such as the one imposed on Italy by this clause, should be inserted in the Treaty.
- 2.
- The disposition of Article 14 as now worded can be interpreted in widely different ways. It might also give rise to serious inconveniences. The mere fact that respect of such principles would take, according to Article 14 the form of an obligation on Italy’s part with each single Allied or Associated signatory Power, might lead any of these Powers to have recourse to this Article in order to intervene in internal Italian matters, at the risk of endangering the good feelings among nations.
- 3.
- The Charter of the United Nations establishes among its aims respect and universal observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. One may expect that a general agreement on this matter will be reached under the auspices of the United Nations. Following her admission to the United Nations, Italy will participate in any such a general agreement. Furthermore, Italy declares that she is even now ready to pledge herself in this matter to any obligation which the other members of the United Nations will take. Italy’s admission to the United Nations being provided for in the very Preamble of the Treaty, it would seem advisable to avoid a clause pre-establishing a juridical situation whereby Italy—once a member of the United Nations—would find herself in this matter in a position different from that of other members. Such a situation would be inconsistent with the fundamental principle of sovereign equality among all members of the United Nations.
In short, the insertion in the Treaty of a special clause such as the one contained in Article 14 would not be justified unless its validity were terminated at the time when Italy joins the United Nations.