UNIVERSAL DECLARATION ON CRYPTO-ECONOMIC RIGHTS
Preamble
Considering the fact that the principles set forth in the Universal Declaration of Human Rights, such as the rights to peace, justice, education and health in the world, are the recognition of the intrinsic dignity of human beings and their inalienable freedoms, which shall also be extended to the digital sphere;
Recognizing that these human rights are elaborated in the International Covenant on Economic, Social and Cultural Rights, and also in the International Covenant on Civil and Political Rights, both of which impose on States the obligation to respect, promote and effectively implement the human rights and fundamental freedoms;
Affirming that States have the obligation to strive for the achievement and observance of the human rights recognized in this Declaration, recognizing that the fundamental freedoms of the individual also extend to what is called digital ecosystem, which is fundamental for promoting social progress and raising the living standards of people;
Recalling that the International Labor Organization (ILO) in its Centenary Declaration for the Future of Work promotes policies ensuring the protection of privacy and personal data in the digital space of work and which respond to its challenges and opportunities;
Stating that ignorance and disdain for the human rights of the crypto-economy digital space contributes to a world of fear and misery, which is a system of oppression from which people have the right to free themselves;
Defining cryptocurrencies or digital assets as goods that are intangible, fractionable and interchangeable by means of an exchange system that can be used as a commodity or as private money in voluntary acceptance payments, being a technology that uses computational methodologies to create additional cryptographic units or to record transactions on the blockchain network;
Recommending poor countries to adopt cryptocurrencies quickly and efficiently, as recommended by the Economic Commission for Latin America and the Caribbean (ECLAC) when analyzing the advantages of these digital assets to solve problems in the payment systems of Caribbean countries;
Urging the developing countries to benefit from blockchain technology innovation, as stated by the UN Conference on Trade and Development (UNCTAD) when expressing the eventual contribution of cryptocurrencies to sustainable economic development;
Emphasizing the fact that in June 2021 El Salvador became the first country in the world in approving a Law that confirms “Bitcoin” cryptocurrency as legal tender at the national level;
Appreciating the fact that since 2019 the United Nations Children’s Fund (UNICEF) became the first multinational institution that kept transactions in cryptocurrencies through its donation fund, thus valuing the potential of the crypto economy and digital currencies in the life of future generations;
Inviting all Member States of the United Nations to sign and ratify this Declaration;
The General Assembly proclaims this Universal Declaration on Crypto-Economic Rights, agreeing on the following articles as conditions that allow the human being to enjoy his human right to a dignified life free from poverty and social injustice, whereby all States and peoples should strive to respect these rights of individuals and institutions through measures at the national and international level.
Article 1. Every person has the right to self-determination and freedom in the digital ecosystem as the basis of his or her economic, social, cultural, civil and political development.
Article 2. Every person has the right to a means of subsistence, to his own natural resources and the wealth coming from digital activities, as well as the obligation to nationally assist and economically cooperate at an international level based on the principle of mutual support and the UN Charter.
Article 3. Every person has the right to executive or legislative measures that are properly implemented by the States granting full effectiveness to the crypto-economic rights recognized here, thus achieving human progress without any discrimination whatsoever on the grounds of nationality, ethnicity, color, religion, gender, language, social class, political ideology or economic status.
Article 4. Every person has the right to economic equality between men and women at all levels of society, including the digital ecosystem.
Article 5. Every person has the right to State limitations to crypto-economic activities only in the face of violations of civil law, criminal law and the human rights, and shall act in accordance with International Law and with the general promotion of democratic society.
Article 6. Every person has the right to fully enjoy his or her crypto-economic activity, not being restricted or impaired by laws, regulations or customs of a State that operates in opposition to International Law.
Article 7. Every person has the right to freely chosen his or her work, reason why States shall create new norms accepting the technical-professional orientation of people in the digital ecosystem, favoring their economic, social, cultural, civil, political and environmental development.
Article 8. Every person has the right to freedom of peaceful assembly and association, being able to found organizations and to affiliate national or international unions promoting and protecting the interests of the crypto-economy.
Article 9. Every person has the right to strike within the digital ecosystem.
Article 10. Every person has the right to work in the crypto-economy space under equal and satisfactory conditions ensuring equitable wages, dignity, safety, hygiene, resting time, promotion opportunities and social security.
Article 11. Every person has the right to access social security for unemployment, illness, disability, widowhood or old age in cases of loss of their means of sustenance within the digital ecosystem.
Article 12. Every person has the right to maternity leave in activities of the crypto-economy.
Article 13. Every person has the right to constitute and maintain his family by means of crypto-economic activities, which shall receive the widest protection and assistance as possible, especially when care and education of his children depend on them.
Article 14. Every person has the right that there is no economic social exploitation of the child in the crypto-economic activities, which is why the digital ecosystem shall encourage the moral and healthy development of the child.
Article 15. Every person has the right to an adequate living standard, ensuring his food, housing, medical assistance and essential consumption goods both for himself and for his family, being able to improve living conditions through digital or crypto-economic activities at the national or international level, which is why the States shall cooperate with free trade.
Article 16. Every person has the right to distributive justice, especially being able to access crypto-economic activities that satisfy his basic needs in order to get out of poverty and hunger.
Article 17. Every person has the right to living conditions that ensure an adequate level of physical and mental health, ensuring full and effective access to work in the digital or crypto-economic space, especially in the face of epidemic disease processes, environmental crises and military fights.
Article 18. Every person has the right that the crypto-economy activities do not harm environmental health.
Article 19. Every person has the right to education on the crypto-economy technical and professional orientation, even being able to choose a technical and professional orientation toward the development of crypto-economy, making this discipline available to all people through scholarship or free education programs.
Article 20. Every person has the right to fully participate in a free and tolerant society, which is why the States shall promote relations of peace and friendship among all national, racial, ethnic and religious groups, including those economic groups operating in the digital space.
Article 21. Every person has the right to develop his cultural life and enjoy scientific progress, benefiting righteously and adequately from economic technological applications that are indispensable in the investigation and creation of cooperative international relations.
Article 22. Every person has the right that the States carry out prior consultation with the members of the crypto-economy about which recommendations are the most convenient and beneficial to regulate such space, always in accordance with fundamental freedoms and human rights.
Article 23. Every person has the right that the States control the institutions of the cryptoeconomy so that they do not commit fraud or market manipulation to the detriment of the people, resorting to all the instruments of criminal and civil justice in order to protect the citizen.
Article 24. Every person has the right to freedom and not to be subjected to arbitrary detention, punishment or mistreatment for his or her crypto-economic activities.
Article 25. Every person has the right to recognition of his or her legal personality within the crypto-economic space.
Article 26. Every person has the right to be equal before the law, not being discriminated against and persecuted for crypto-economic activities which other people or institutions are carrying out freely.
Article 27. Every person has the right to effectively resort to national and international courts that are independent and impartial, seeking protection against acts violating their crypto-economic rights.
Article 28. Every person has the right to defense as well as to the presumption of innocence, as long as his responsibility in criminal activities within the digital space is not proven.
Article 29. Every person has the right not to be convicted of activities in the digital space that at the time of being carried out were not criminal according to National and International Law.
Article 30. Every person has the right to privacy, not having to suffer arbitrary interference in his home or in his postal or electronic mail due to his economic activities in the digital space.
Article 31. Every person has the right not to be imprisoned for the mere fact of not being able to fulfill a contractual obligation within the digital space.
Article 32. Every person has the right not to be arbitrarily deprived of individual or collective property within the digital ecosystem.
Article 33. Every person has the right to seek asylum in any country for reasons of persecution for their crypto-economic activities.
Article 34. Every person has the right to reputation or honor, not receiving illegal attacks for his crypto-economic activities.
Article 35. Every person has the right to search, reception, dissemination and free movement of ideas and information within the digital space without limitation of borders, unless such ideas attempt against human rights, national security, public health or international morality.
Article 36. Every person has the right that his cultural or scientific productions in the field of crypto-economy are protected by copyright safeguarding his material or moral interests.
Article 37. Every person has the right to freedom of thought, of conscience and of religion within the digital space.
Article 38. Every person has the right to freedom of expression within the digital space, not being able to be disturbed because of his or her opinions on crypto-economic activities.
Article 39. Every person has the right to participate in the government of his State through democratic processes, and the crypto-economic activities carried out in the private sphere cannot be a reason for legal inhibition for access public functions.
Article 40. Every person has the right to establish an international social order in which crypto-economic rights are fully effective.
Article 41. Every person has the duty to contribute to the general welfare of the international community, since only in this way can he fully develop his own personality and freely exercise his human rights.
Article 42. No provision of this Declaration shall be interpreted to undermine or suppress the intrinsic right of people to enjoy and use their wealth and crypto-economic resources through the development of activities protected in this Declaration and which are exercised in accordance with the principles and purposes of the United Nations.
Draft submitted to the National Technological University (UTN) on June 10, 2021