Communist concept of human rights and legal systems

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.