[pp.int.general] "Natural" law

[Carlos Ayala Vargas]

Reinier Bakels wrote:
> Secondly, there is indeed a link with human rights, to the extent that 
> human rights are also assumed to be given
/Given/ ... by UN's 1948 representatives? If not, by who/what?
> In a political context, I am afraid that human rights arguments are 
> not always effective, and may even be counter-productive.
For PIRATA, human rights -in the UDHR form- are as important as 
breathing; and I can assure that for me, breathing is always effective 
and never counter-productive. As long as we can't give up breathing 
-without dying-, PIRATA can't give up defending UDHR -because we, the 
PIRATA members, free and voluntarily agreed to use UDHR as our basis-.
> I mentioned before that some people argue that strong copyright is a 
> "human right" associated with the personal dignity of the author.
Yes, I remember it; maybe you remember that I replied that such people 
-I guess you mean the pro-copyright lobbies- may lie and distort facts 
as much as they want; one of our duties, in my opinion, is to counter 
and deny those lies and distortions.
> And extreme enforcement, sacrificing all privacy, "indispensable" for 
> the human integrity and safety right (under whatever wordings) against 
> terrorism. Such arguments are by no means uncommon.
They're not uncommon -traditional politicians and mass media spread they 
quite often-, in spite of what they're not true -e.g., if they aim to 
seek and arrest terrorists, they have to seek and arrest terrorists, not 
to apply data retention to all citizens (regardless of whether we have 
criminal records or not)-. Even if mass media were 24/7 broadcasting 
lies about author's rights, that wouldn't make those lies and 
distortions become true.
> Some people may consider such arguments as an intellectual challenge. 
> I would prefer to stay away from (somehow) weak arguments in a 
> political context.
I'm aware of that preference from you; however, as I said before, same 
as I can't give up breathing, I can't give up defending human rights; 
and same happens to my fellow PIRATA members -and I guess also to most 
or even all members of the rest of pirate parties-. The scope of UDHR's 
article 27.2 can be redefined, according to the UN ESC's 2005 
provisions; can ... and I would also say that should, among other 
reasons, because privacy, freedom of speech and other fundamental 
rights, including the rights from article 27.1 -also included in the 
Covenant- cannot be spoiled in the name of author's rights, as stated in 
UDHR's article 30.

http://www.un.org/Overview/rights.html
> No human right is absolute (as is recognised in the ECHR).
While Spain is an ECHR signatory, PIRATA rejects some provisions of ECHR 
(UDHR is our basis as a party, not ECHR); that implies that maybe some 
day in the future we will have the need of proposing changes to ECHR. Of 
course, as long as we are allowed to even propose changes to ECHR, i.e., 
is ECHR changeable? I agree with you, Reinier, in that changes to such 
texts have to be handled with care, and observing rule of law ... but 
that's not what I'm asking to you; what I ask you is, is ECHR changeable?
> The exception conditions are lawyer stuff, not suited for politics.
The exception conditions have to be decided by sovereigns -i.e., 
citizens-, and lawyers are just part of citizens.
> The solution imho is to be explicit:
>
> - promote privacy as the right to be left alone
What about right to a fair trial -in Spain, when RMOs accuse you of 
violating author's rights in the civil scope, you are the one who have 
to prove your innocence, not them proving you're guilty-? What about 
right to not being discriminated -in Spain, no matter whether you're an 
author or not, you cannot enjoy your author's rights unless you join a 
RMO (and then you cannot enjoy them anyway, as it's the RMO who decides 
on your works)-?

Reinier, I believe that privacy definitely is not the only thing that 
matters, nor /the/ right to be left alone -but one of the rights and 
freedoms to be left alone-.
> - promote *balanced* decision making on copyrights
On author's rights, yes. Though leaving /the 1000/ (/Plataforma PAZ /and 
pro-copyright lobbies equivalents in other countries), if not aside, at 
least with the weight that really should be given to them -tiny, tiny 
weight-.
> - promote the freedom of information (send AND receive) as a basic value
> - etc.
Hope that such /et cetera/ is an enormous /et cetera/.
> Succh items can be defended even without recourse to UNDR of ECHR, 
> with very concrete examples from practice.
UDHR's Article 12 states: "/No one shall be subjected to arbitrary 
interference with his privacy, family, home or correspondence, nor to 
attacks upon his honour and reputation. Everyone has the right to the 
*protection of the law against such interference or attacks*/"; the 
highlighted part is interpreted in Spanish Constitution (article 18) as 
the home being inviolable, and "/*no entry or search may be made 
without* the consent of the householder *or a legal warrant*, except in 
cases of flagrante delicto/"; and secrecy of communications guaranteed, 
particularly regarding postal, telegraphic and telephonic 
communications, "/except *in the event of a court order*/".

UDHR asks for protection of the law against attacks on privacy, and 
Spanish Constitution provides the formal protection -later not observed 
by governments nor RMOs-; why shouldn't we do the same? How can be 
building our platforms on human rights a bad move? It is essential for 
PIRATA, and while of course you are up to suggest us to forget what is 
essential to us, I think you shouldn't expect us to do it.


                                                                                        
Carlos Ayala
                                                                                         
( Aiarakoa )

                                                              Partido 
Pirata National Board's Chairman