Communist concept of human rights and legal systems
According to Universal Declaration of Human Rights, human
rights are the "basic rights and freedoms to which all humans are
entitled.", including the right to life and liberty, freedom of
expression, and equality before the law; and social, cultural and economic
rights, including the right to participate in culture, the right to food, the
right to work, and the right to education.
The Communist conception of human rights was very different
from conceptions in the West. Communist legal theory, "it is the
government who is the beneficiary of human rights which are to be
asserted against the individual", whereas Western law claimed the
opposite. The Communist state was considered as the source of human rights.
Therefore, Communist legal systems regarded law as an arm of politics and
courts as agencies of the government. Extensive judicial powers are
given to Communist police agencies. Communist regimes abolish Western
rule of law, civil liberties, protection of law and guarantees of property
which were considered as examples of "bourgeois morality" by the Communist
theorists. According to Vladimir Lenin, the purpose of socialist courts was
"not to eliminate terror ... but to substantiate it and legitimize in
principle".
Crime was determined not as the infraction of law, but
as any action which could threaten the Communist state and society. For
example, a desire to make a profit could be interpreted as a
counter-revolutionary activity punishable by death. Some Communist legal
scholars even assert that "criminal repression" may be applied in the
absence of guilt. “Do not look in the file of incriminating evidence to see
whether or not the accused rose up against the Communist with arms or words.
Ask him instead to which class he belongs, what is his background, his
education, his profession.”
The purpose of Communist public trials was "not to
demonstrate the existence or absence of a crime – that was predetermined by the
appropriate party authorities – but to provide yet another forum for political
agitation and propaganda for the instruction of the citizenry. Defense lawyers,
who had to be party members, were required to take their client's guilt for
granted "!!
Freedom of political expression
Political repression is practiced by the Communist police
services. An extensive network of civilian informants – either volunteers, or
those forcibly recruited – are used to collect intelligence for the government
and report cases of suspected dissent.
Communist political repression is a routine system of
persecution and prosecution of people who are or perceived to be enemies of the
Communist System.
Freedom of literary and scientific expression
Censorship under Communism is pervasive and strictly
enforced. Art, literature, education, and science Are placed under strict
ideological scrutiny, since people are supposed to serve the interests of the
victorious Regine. Socialist realism is an example of such
teleologically-oriented art that promoted socialism and communism. All
humanities and social sciences are tested for strict accordance with historical
Communist materialism.
All natural sciences are to be founded on the philosophical
base of materialism. Many prominent scientists were [early in the purge]
declared to be "wreckers" or enemies of the people and imprisoned.
Right to vote
According to Communist ideologists, the Communist Political
system is considered a true democracy, where workers' councils represent the
will of the working class. However, all candidates are selected by Communist
Party organizations.
Economic rights
Personal property is allowed with certain limitations. Real
property belongs to the State. Health, housing, education, and nutrition were guaranteed
through the provision of full employment and economic welfare
structures implemented in the workplace. However, these guarantees are not
always met in practice.
Freedoms of assembly and association
Freedom of assembly and of association are severely limited.
Workers are not allowed to organize free trade unions for example. All existing
trade unions were organized and controlled by the Communist State. All
political youth organizations serve to enforce the policies of the Communist
Party. Participation in non-authorized political organizations could result in
imprisonment.
Freedom of religion
The Communist Regimes promote atheism. Toward that end, Communist
regimes [in the early years] confiscated church property, ridiculed religion,
harassed believers, and propagate atheism in schools. Atheism was propagated
through communist organizations, and the media. Organizations such as the
Society of the Godless were created.
Freedom of movement
Emigration and any travel abroad are not allowed without an
explicit permission from the government. People who are not allowed to leave
the country. According to the Communist Criminal Codes, a refusal to return
from abroad was treason, punishable by imprisonment for a term of 10–15 years,
or death with confiscation of property.
Human rights movement
Human rights activists are regularly subjected to
harassment, repressions and arrests. Or, a complete shutdown of the movement's
activities. Communist countries have abstained from affirming the 1948 U.N.
Universal Declaration of Human Rights, citing its "overly juridical"
character as well as the infringements on national sovereignty.