[pp.int.general] "Natural" law

[Carlos Ayala Vargas]

What I'm going to say are individual analysis from ECHR (European 
Convention on Human Rights, or /Convention for the Protection of Human 
Rights and Fundamental Freedoms/); we up to date only focused on certain 
provisions, not a full analysis. However, those individual analysis are 
based on analysis for national laws made and approved by PIRATA.

Reinier Bakels wrote:
> I referred to provisions in the ECHR like 1(2)
¿? Maybe I'm reading the wrong text

http://conventions.coe.int/treaty/en/Treaties/Html/005.htm

Does ECHR's article 1 have section 2?
> 4(4)
Same with 4.4. I see 4.1, 4.2, 4.3, 4.3.a, 4.3.b and 4.3.c
> 7(2)
OK
> 8(2)
I wouldn't tolerate such provision to have preference over Spanish 
Constitution's article 18; actually, as I said in my former mail, ECJ 
agreed on this, saying PROMUSICAE that was not able to force ISPs to 
surrender the identities of their clients without a court warrant or 
-the worrying part of the judgment- without a redefinition of what can 
be understood as /personal data/.

No interference in privacy without legal warrants -there is the 
/flagrante delicto/ exception, that's all-. Non negotiable.
> 9(2)
Same as with 8(2): no restrictions to freedom of thought, conscience and 
religion without legal warrants. Non negotiable
> 10(2)
Same as with 8(2) and 9(2): no restrictions to freedom of expression 
without legal warrants. Non negotiable.
> and 11(2).
Same as with 8(2), 9(2) and 10(2). Spanish Political Parties law can 
forbid some parties, though only through due process and not because of 
their thoughts, but because of using criminal ways -i.e., murders, 
extortion, etc- to achieve them. No restrictions to freedom of assembly 
and association without legal warrants. Non negotiable
> They all define when the human rights (usually in subsection 1) do not 
> apply
They also define some of the reasons for PIRATA to reject ECHR -while 
being, of course, obliged to observe it ... though rather choosing 
Spanish Constitution as it protects much more civil rights & liberties 
(ECJ, in the PROMUSICAE vs Telefonica SAU judgment, found no 
contradiction on what I say)-.
> The limitations of copyright are something else. Perhaps the word 
> "limits" would have been more appriopriate.
Rights (UDHR's article 27.1). Citizens' rights on culture, thanks.


                                                                                               
Carlos Ayala
                                                                                               
( Aiarakoa )

                                                                        
Partido Pirata National Board's Chairman