under the ICCPR)? If you agree, can I propose that your para 4 read as follows:-
"We have already indicated (in para 3 of telno 1831) that it is possible to argue, as in para 4 of TUR, that the right to own property is not a human right and fundamental freedom as referred to in Article 1 of CEDAW. We continue to believe that this line of argument is presentationally unattractive. This right is set out in the Universal Declaration of Human Rights, and might be said to exist in customary human rights law. The CEDAW Committee might look to the Universal Declaration as an appropriate source of rights. We might therefore be open to challenge. However, if this seems to be the only way forward we would be willing to run the risk. After all, as we have extended ratification
•
IT
Please note that I remain of the view expressed in my minute of 17 November that there is a legally respectable argument to the effect that the right to own property is not a human right and fundamental freedom as referred to in Article 1 of CEDAW. It is one thing to argue that certain of the rights set out in the Universal Declaration are part of customary international law. It is another to argue that all the rights set out therein are part of customary international law. I accept, however, that the risk outlined by Miss Britton exists and there may be political as well as legal considerations involved in considering what arguments might appropriately be made.
5.
Para 5
I do not understand the reference in your first sentence to "and Hong Kong's existing commitments under the ICCPR". Extention of our ratification of CEDAW to Hong Kong would not, as far as I can see, be "subject to" Hong Kong's "existing commitments under the ICCPR".
6.
I understand Mr Edwards has commented separately to Ms Major on her suggested additions to paras 5 and 6. I would be grateful if a finalised draft of the telegram could be cleared with Mr Edwards and myself.
10 January 1990
cc Ms Major, HKD
Mr Edwards, Deputy Legal Adviser Miss Britton, UND
JR2ACE
радали
J J Rankin
Assistant Legal Adviser K174 270 3055
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