The totalitarian variant

Fundamental rights cannot be subject to any condition, lest they lose any value

All fundamental freedoms were granted in the Soviet Constitution: the freedom of speech, expression, assembly, demonstrating.
However, there was a condition to all these freedoms, namely that they could only be exercised “in accordance with the interests of the workers and for the purpose of consolidating the socialist regime“.

It is clear that fundamental rights cannot be subordinated to a condition because this deprives them of any value.
If we take the Soviet Constitution, it seems that other inspiring principles are the same as those embraced by the “free” West. For example, in Western democracies, sovereignty belongs to the people and, likewise, in the Soviet Union “All power in the USSR belongs to the workers of the city and the countryside” (Article 3). The power granted to Parliament in representative democracies was delegated to the Soviet of Deputies in the Soviet Union.

The difference between the constitutions of modern democratic states and those of totalitarian states is simply the conditionality of rights which, being fundamental, should be absolute and unconditional.
Conversely, in this historical period we are witnessing the introduction of conditionality of rights, which dangerously resembles Soviet positions and is bringing us into the orbit of a vision of society that is typical of a totalitarian state.

For instance, affirming that individual freedom is conditional upon the security of the community means that, de facto, there is no such freedom any longer.
In general, believing that individual rights can be conditioned upon a purpose or a higher interest, which is established by the authority of the State, means that, at any time, any person, solely because they are deemed potentially harmful to others (irrefutable fact), could be imprisoned, or even eliminated.
Which is exactly the approach followed by totalitarian states, for example China.

A totalitarian or dictatorial state does not manifest itself in the perception of its citizens or in the representation that is given by the authority that rules it. It is rather its power to restrict any individual right in the name of a collective interest that qualifies a country as a totalitarian state.

RES HUMANA