Rights of UDC Citizens
The United Democratic Commonwealth is unique among states in that human rights are placed above state rights in fact. While most state constitutions are written in terms which sounds like the state draws its power from citizens, they also overtly or implicitely subject rights of a citizen to state power.
The absurd result of this legal maneuver is that the state, which by definition is a creation of law with no physical existence, has more power and more than the real human beings from whom it is supposed to derive its power.
The UDC inverts this power structure. The state is merely an administrative organ of the real people who compose it. The state does not grant rights to human beings. Rather, it exists only as an expression of those rights.
The Powers of Legal Fictions
Within the UDC, the rights of corporations and other legal fictions, such as the state itself, are restricted and temporary. For instance, no legal fiction may have a right which a human being cannot exercise, nor can they own property (real, personal or intellectual) for a period longer than the natural life of a real human being.
The structure of a legal fiction, such as a corporation, may not be legally used within the UDC to shield people from accountability for their actions. For example, where a chemical company knowingly sells a product which can harm people, all those individuals within that company who took part in providing that product to the public must be held accountable according to their knowledge and participation; their personal liability cannot be displaced by the fiction that they acted "on behalf of" the company and so the company, not them, is liable. In the UDC, both classes are liable.
The Compact which established the United Democratic Commonwealth is available for review on this website. In it are some specific types of rights which are by definition human rights, and which will be enumerated in detail in the United Democratic Commonwealth Constitution which will be placed before the UDC citizens and confirmed at the 2018 Plenum.
However, without limiting the scope of rights a UDC citizen claims and is entitled to, within the United Democratic Commonwealth, where exercising such a right does not interfere with another human being's right, human beings have the unfettered right:
- to freedom of movement
- to freedom of economy
- to privacy in their person and their communications
- to freedom from arbitrary search or detention; the mass gathering of personal or personally identifiable information being deemed an arbitrary search
- to be presumed innocent until proved guilty in criminal matters, and to the preservation of their reputation from unjustified charges
- to due and fair process, and competent legal counsel in all criminal matters
- to protect themselves and others
- to access any mode of communication or transport generally available
- to access education of any kind
- to participate in the day-to-day politics of the UDC's direct democracy
- to initiate and vote on initiatives within the UDC's direct democracy
- to do what they know to be morally right in the circumstances before them, even if a positive law would seem to restrict that
- to bear arms for defense of oneself and those whose well being one is responsible for
- to freedom of speech, freedom of expression, freedom of thought and freedom of association
- to freedom from legal or defacto slavery
- to freedom from hereditary liabilities (such as debts of their parents)
- to take reasonable positive steps to enforce their rights
- to access information relating to all state organs and decisions
- to state transparency as to process, dicsussion, communicating partis and decisions
- to exercise and enjoy any right not nominated in the constitution, or which may be conceived of after the constitutution is created
- to not be subject to the exercise of a right or power not specifically and explicitely granted by the citizens to the state