See updated post here.
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What is it about “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” that makes you think copyright and patent cannot be abolished?
But anyway, yes, rights that are recognised as rights only in so far as the law deigns to recognise them are not rights in the natural, self-evident, inalienable sense. It is the individual’s rights that come first, and the law that recognises them (woe betide any failure) that comes second.
So any ‘convention on human rights’ that inveigles rights as legislative favours or forbearances has the ulterior intent of establishing privileges as equivalent to rights.
You are wise in pointing out all the subtle legal qualifiers that render human rights secondary to the state and the laws it may decide should derogate from them, e.g. privileges favouring the state’s less mortal citizens.
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