3.2. Human Rights

Ideas

• The Universal Declaration of Human Rights needs to be rewritten to adapt to the present world.
• However, it is largely inspired by the texts from 1789 and 1948.
• It adds a definition of Humanity, necessary with the arrival of artificial intelligence and transhumanism.
• It includes the extension of Human Rights to the digital world.
• It aims for universality; it should be adopted as broadly as possible.

The Universal Declaration of Human Rights

The latest version of the text can be found here: https://github.com/friedeva/software-democracy-texts. The version presented and commented on here will be updated if the source changes.

Article 1

A human is defined as a living being of the Homo Sapiens species, endowed with reason, consciousness, and relying on a biological organism.

Article 2

Every human can claim all the rights proclaimed in this Declaration, without any distinction, in the physical or digital world.

Article 3

All humans are born free and equal in dignity and rights.

Article 4

Every human has an equal right to life, freedom, dignity, security, and private property.

Article 5

1. Every human has the right to take part in the direction of his country's public affairs.
2. The will of the citizens is the basis of the state's sovereignty. It is expressed through their representatives and by the inalienable possibility of using the Citizen Initiative Referendum.
3. The results of a Citizen Initiative Referendum cannot be contested, ignored or questioned by the people's representatives.
4. No body or individual can exercise authority that does not expressly come from the state.

Article 6

1. The law is the expression of the people's will.
2. All humans are equal before the law.
3. Anything not forbidden by law cannot be prevented.

Article 7

1. Every human has the full right to freedom of opinion and expression, in all its forms.
2. This freedom of opinion and expression can only be limited insofar as it would endanger individuals, a group of individuals or society as a whole, and within the framework of the law.
3. Everyone is free to practice their religion, alone or collectively, in accordance with the law.

Article 8

1. Every human is free to move within his state and to choose his residence there.
2. Every human is free to choose his life partner and to start a family.
3. Every human is free to join or leave a group or an association.

Article 9

1. No one may be subjected to torture or degrading treatment.
2. No one may be arbitrarily arrested, detained, or limited in its access to the digital world.
3. No one may be surveilled, have their property seized, or be subjected to a search, in the physical or digital world, outside the framework of the law.

Article 10

1. Every human has the right to absolute respect for his privacy, whether it concerns himself, his family, his home, or his physical or digital communications and tools.
2. Every human is free to use all means he wishes to protect his privacy, such as cryptography, anonymity or pseudonymity, as long as he remains responsible for his actions before the law.
3. Every human is master of his personal data and can request their deletion from any physical or digital service he uses.

Article 11

1. Everyone has the right to an effective remedy before the competent national courts against acts violating the fundamental rights granted to them by this declaration, the constitution or the law.
2. Everyone has the right to have their case heard fairly and publicly by an independent and impartial tribunal.
3. Every human accused of a criminal act is presumed innocent until their guilt has been legally established in a public trial where all the necessary guarantees for their defense have been assured.
4. No one will be condemned for actions or omissions that, at the time they were committed, were not a criminal act. Similarly, no stronger penalty will be imposed than that which was applicable at the time the criminal act was committed.

Article 12

1. Every human freely owns their tangible and intangible assets.
2. Every human can freely carry out transactions and contract an economic commitment, as long as these actions do not violate the law.
3. Every human is free to work on their own account or for others.

Article 13

1. Every person is sovereign over their body and health, and cannot be compelled to any form of curative or preventative medical treatment.
2. Every person is free to accept or refuse treatments or devices aimed at altering their natural abilities.
3. Every person has the unconditional right to access a high-performance healthcare system.

Article 14

1. Society guarantees everyone, at all ages, access to a level of basic education sufficient to allow each person to pursue their education freely.
2. Society guarantees everyone the opportunity to access a level of education and competence sufficient to fully participate in state affairs.

Commentary

Article 1

A human is defined as a living being of the Homo Sapiens species, endowed with reason, consciousness, and relying on a biological organism.

Article 1 Commentary

The very definition of Humanity is becoming fragile. On one side, artificial intelligence challenges our perception of Humanity, on the other hand, transhumanism is going to enhance (or reduce!) our natural capabilities in yet unknown dimensions.

And these evolutions are coming too quickly; to protect Homo sapiens, let's allow our consciousness to appropriate these technological marvels without granting them access to our bodies or hailing them for the time being!

Thus, the Software Democracy proposes that Humanity should be considered restrictively:

• A Human is a consciousness that relies on a biological organism. This, therefore, excludes artificial intelligences, however convincing and powerful they might be.
• The use of technical devices aiming to enhance, reduce, or alter human capabilities must be strictly regulated and validated by public debate.

Article 2

Every human can claim all the rights proclaimed in this Declaration, without any distinction, in the physical or digital world.

Article 2 Commentary

• Listing all possible distinctions seems counterproductive.
• Explicit inclusion of the digital world in the scope of the Declaration.

Article 3

All humans are born free and equal in dignity and rights.

Article 3 Commentary

• We remove "and remain" (art 1 of 1789), which is included in article 4.
• We remove the spirit of fraternity from 1948, which is a lofty wish difficult to objectify. It is the rest of the Declaration and the Constitutions that will set the limits of behaviors.

Article 4

Every human has an equal right to life, freedom, dignity, security, and private property.

Article 4 Commentary

• Fundamental rights are valid throughout life.
• It no longer seems necessary to mention the prohibition of slavery (since the right to liberty and dignity prevent it).
• Could the right to private property be debated in some cultures? If so, it could be removed and added ad hoc in the National Constitutions.

Article 5

1. Every human has the right to take part in the direction of his country's public affairs.
2. The will of the citizens is the basis of the state's sovereignty. It is expressed through their representatives and by the inalienable possibility of using the Citizen Initiative Referendum.
3. The results of a Citizen Initiative Referendum cannot be contested, ignored or questioned by the people's representatives.
4. No body or individual can exercise authority that does not expressly come from the state.

Article 5 Commentary

• In the text, the ultimate sovereignty of citizens comes immediately after fundamental rights to emphasize its importance.
• Access to citizenship through a test is a matter of national preferences and is therefore not mentioned here.
• The preference for drawing representatives by lot could also be rejected or not be systematic; it is therefore not mentioned here.
• The true cornerstone of the Software Democracy, the systematic possible recourse to the RIC and its indisputable power, is itself inscribed in the Declaration.

Article 6

1. The law is the expression of the people's will.
2. All humans are equal before the law.
3. Anything not forbidden by law cannot be prevented.

Article 6 Commentary

• Essential provisions on the power of the law.
• The sovereignty of the citizens is expressed in the law, but not beyond it.

Article 7

1. Every human has the full right to freedom of opinion and expression, in all its forms.
2. This freedom of opinion and expression can only be limited insofar as it would endanger individuals, a group of individuals or society as a whole, and within the framework of the law.
3. Everyone is free to practice their religion, alone or collectively, in accordance with the law.

Article 7 Commentary

• The freedom of thought and conscience seems inherent to human nature and can't really be prevented; thus, it is not explicitly mentioned.
• The freedom of opinion and expression should be as broad as possible, which is why the highest limits that the law can impose on its full exercise are established.
• The universality of the Declaration should allow for state religions; that's why the freedom of religious practice is distinguished from the freedom of expression by being (potentially) more restricted.

Article 8

1. Every human is free to move within his state and to choose his residence there.
2. Every human is free to choose his life partner and to start a family.
3. Every human is free to join or leave a group or an association.

Article 8 Commentary

• General freedoms.
• Some points will be delicate from a universality perspective, but seem non-negotiable given the values of the Démocratie Numérique.

Article 9

1. No one may be subjected to torture or degrading treatment.
2. No one may be arbitrarily arrested, detained, or limited in its access to the digital world.
3. No one may be surveilled, have their property seized, or be subjected to a search, in the physical or digital world, outside the framework of the law.

Article 9 Commentary

• Protection of individuals against abuses of power.

Article 10

1. Every human has the right to absolute respect for his privacy, whether it concerns himself, his family, his home, or his physical or digital communications and tools.
2. Every human is free to use all means he wishes to protect his privacy, such as cryptography, anonymity or pseudonymity, as long as he remains responsible for his actions before the law.
3. Every human is master of his personal data and can request their deletion from any physical or digital service he uses.

Article 10 Commentary

• Respect for privacy is a fundamental prerequisite of Software Democracy.
• It is also a matter of ensuring that everyone has the ability to remain in control of their data.

Article 11

1. Everyone has the right to an effective remedy before the competent national courts against acts violating the fundamental rights granted to them by this declaration, the constitution or the law.
2. Everyone has the right to have their case heard fairly and publicly by an independent and impartial tribunal.
3. Every human accused of a criminal act is presumed innocent until their guilt has been legally established in a public trial where all the necessary guarantees for their defense have been assured.
4. No one will be condemned for actions or omissions that, at the time they were committed, were not a criminal act. Similarly, no stronger penalty will be imposed than that which was applicable at the time the criminal act was committed.

Article 11 Commentary

• Legal fundamentals: right to seek justice, right to a fair trial, presumption of innocence, non-retroactivity of the law.
• Almost complete reprisal of several articles from 1948.

Article 12

1. Every human freely owns their tangible and intangible assets.
2. Every human can freely carry out transactions and contract an economic commitment, as long as these actions do not violate the law.
3. Every human is free to work on their own account or for others.

Article 12 Commentary

• General provisions to guarantee the economic freedom of individuals.
• The right to private property is mentioned in Article 4 but could be moved here (?)

Article 13

1. Every person is sovereign over their body and health, and cannot be compelled to any form of curative or preventative medical treatment.
2. Every person is free to accept or refuse treatments or devices aimed at altering their natural abilities.
3. Every person has the unconditional right to access a high-performance healthcare system.

Article 13 Commentary

• This is about protecting individuals' sovereignty over their body, freedom of treatment, protection against imposed transhumanism.

Article 14

1. Society guarantees everyone, at all ages, access to a level of basic education sufficient to allow each person to pursue their education freely.
2. Society guarantees everyone the opportunity to access a level of education and competence sufficient to fully participate in state affairs.

Commentary on Article 14

• Education is the key to the success of Software Democracy.
• It must include fundamental knowledge and access to citizenship.

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