SCHOOL OF LAW

SUBJECT: HUMAN RIGHTS AND HUMANITARIAN LAW (LF

543)

NAME OF THE TOPIC: DIGITAL SPACE AND HUMAN

RIGHTS

SESSION: 2019-2024

SUBMITTED TO: SUBMITTED BY:

DR. NITU NAWAL MITALI RAKHECHA

ASSISTANT PROFESSOR 190260

MODY UNIVERSITY B.B. A L.L.B 5TH YEAR

CONTENTS

Abstract.....................................................................................................................................3

Background...............................................................................................................................4

Digital space..............................................................................................................................4

Digital Space and Violation of Human Rights.......................................................................5

Action That Can Be Taken......................................................................................................8

Human Rights and Digital Technologies..............................................................................12

Mainstreaming Digital Human Rights in cities and its Governance.................................14

Conclusion...............................................................................................................................15

Bibliography...........................................................................................................................17

Plagiarism Report..................................................................................................................18
Abstract
In the era of digital advancement, the convergence of technology and human rights has
become increasingly relevant. The vast digital realm, encompassing the internet, social
media, databases, and automated decision systems, has profound implications for
safeguarding and infringing upon human rights. This abstract explores the intricate
relationship between digital space and human rights, emphasizing key areas of concern and
protective actions taken. Digital space goes beyond a mere technological landscape; it is the
virtual arena where individuals interact, share information, and exercise their right to free
expression. Yet, this domain presents challenges that can undermine fundamental human
rights. Surveillance and privacy erosion pose a significant threat to privacy, as various entities
monitor online activities without informed consent. Balancing security and privacy are a
complex challenge. Censorship, by both governments and private companies, threatens
freedom of expression. Restrictive measures for national security and tech companies' content
control can suppress diverse voices. Online harassment, including cyberbullying and hate
speech, violates security and equality rights, particularly affecting marginalized groups.
Algorithmic bias in content recommendation and automated decisions perpetuates societal
inequalities, violating the principle of non-discrimination. Biased algorithms reinforce
stereotypes and hinder diverse perspectives. Addressing these digital rights violations
involves international frameworks, legislation, technology, and awareness campaigns.
Organizations like the United Nations stress states' and corporations' responsibility to uphold
human rights digitally. Legal frameworks, such as the European Union's GDPR, set strict data
privacy standards. Technological solutions like encryption empower individuals. Civil society
organizations raise awareness and educate on digital safety and privacy. In conclusion, the
digital realm has become a complex arena for human rights. Protecting these rights
necessitates a multifaceted approach, encompassing global cooperation, legislation,
innovation, and public involvement. The ongoing challenge lies in striking the right balance
between security and fundamental human rights, emphasizing the importance of continued
dialogue and proactive measures to ensure that the digital world aligns with principles of
justice, equality, and freedom.
Background
Digital space refers to the vast and dynamic realm of interconnected digital technologies and
virtual environments that have become an integral part of our modern world. It encompasses
everything from the internet and social media to computer software and the data-driven
infrastructure that powers our digital lives. In this digital realm, information flows at the
speed of light, and the boundaries between the physical and virtual worlds blur.

The digital space has revolutionized the way we communicate, work, learn, entertain
ourselves, and even conduct business. It has transcended geographical limitations, allowing
people from all corners of the globe to connect, collaborate, and share ideas effortlessly. This
has given rise to a global community that spans cultures, languages, and backgrounds.

The digital space is ever-evolving, with new technologies and trends constantly emerging. It
has brought about transformative changes in various aspects of our lives; from the way we
work and communicate to how we access information and entertain ourselves. As our reliance
on the digital space continues to grow, it presents both opportunities and challenges that
shape the future of our interconnected world.

The exponential growth of the digital communication infrastructure and the adoption of
digital technologies have caused a tremendous societal upheaval and change that is nearly
seismic in scale. Our capacity to explain how to apply lasting human rights concepts in the
digital setting will be crucial to the protection of human rights in the twenty-first century.
However, we are lagging.

Digital space
Digital space encompasses the realm of virtual reality, databases, spreadsheets, the internet,
music, electronic books, films, videos, social media platforms like Facebook and Twitter,
digital communication tools like phone calls and Skype, and all aspects of the digital world.
While it is closely related to the widely used term "cyberspace," emphasizing the "digital"
aspect underscores specific issues related to digital technologies and how people engage with
and through them. This concept pertains to how individuals communicate with one another
using digital means, how digital devices interact and communicate, and the underlying digital
infrastructures that support these interactions. Digital space is all-encompassing and
continually expanding in its influence. It often disrupts established practices and can lead to
significant changes in business models and employment, as exemplified by the
transformation of the music industry due to digital innovations. Unlike physical space, which
deals with tangible objects, digital space revolves around bits, representing the intangible but
infinitely transmissible and adaptable nature of digital content. It primarily focuses on data,
its organization, structure, storage, and the software tools available to manipulate this data.
Digital space is a subject of interest from various perspectives. Those involved with databases
are concerned with how digital data can be structured and organized to represent specific
domains or topics. Virtual reality enthusiasts approach digital space from a different angle,
concentrating on aspects like movement, navigation, and the representation of individuals as
avatars. Software engineers are primarily interested in the components, methods, and
functionality provided by digital tools. In summary, digital space is a multifaceted concept
with diverse interpretations and interests depending on one's field of expertise.

Digital Space and Violation of Human Rights

The digital age has ushered in unprecedented opportunities for global communication, access
to information, and technological advancements. However, with these advancements come a
host of concerns related to human rights. In the vast landscape of digital spaces, various
practices, such as surveillance, censorship, online harassment, algorithmic bias, and
automated decision-making systems, have raised critical questions about the protection of
fundamental human rights. In this comprehensive discussion, we will explore how these
practices can violate human rights, the potential consequences, and the measures being taken
to address these issues.

1. Surveillance and Privacy Concerns- Surveillance in digital spaces has become

pervasive, raising significant privacy concerns. Governments, corporations, and even
malicious actors have the capacity to monitor individuals' online activities,
communications, and behaviour. This intrusion into personal privacy infringes upon
the fundamental right to privacy, as outlined in international human rights treaties
such as the Universal Declaration of Human Rights.
o Government Surveillance- Government agencies in many countries
have implemented extensive surveillance programs, often in the name
of national security. These programs, such as the USA PATRIOT Act in
the United States, have granted authorities sweeping powers to access
personal data and communications without sufficient oversight. The
right to privacy is severely compromised when governments engage in
 mass surveillance without due process, undermining citizens' trust, and
the principles of a democratic society.
o Corporate Surveillance- Corporations also collect vast amounts of data,
often without users' informed consent. This data is used for targeted
advertising and other purposes, creating concerns about how personal
information is handled, shared, and potentially misused. Individuals
may unknowingly surrender their privacy rights when using digital
services, as companies track their online behaviour and interactions.
2. Censorship and Freedom of Expression- Censorship in digital spaces poses a
significant threat to the freedom of expression, a cornerstone of human rights.
Governments and private entities can control and restrict access to information,
potentially stifling dissent and suppressing voices of opposition.
o Government Censorship- In some countries, governments employ extensive
censorship measures to control the flow of information. China, for instance,
operates the "Great Firewall" to block access to foreign websites and social
media platforms. Such actions limit citizens' ability to access unbiased
information and engage in open discourse, curbing their right to freedom of
expression.
o Content Removal by Tech Companies- Tech companies also exercise
censorship power by removing or restricting content that violates their terms
of service. While this is often intended to curb hate speech and harmful
content, it can be a double-edged sword. Controversial decisions by social
media platforms to ban or restrict certain voices have raised concerns about
their impact on freedom of expression.
3. Online Harassment and Personal Safety- Digital spaces have become breeding
grounds for online harassment, which threatens personal safety and psychological
well-being. Harassment, especially when it targets marginalized groups, can violate
individuals' rights to security and equality.
o Cyberbullying and Hate Speech- Online harassment takes many forms,
including cyberbullying, hate speech, and doxing. These practices can cause
severe emotional distress, infringing upon an individual's right to security and
equality. Women, minorities, and the LGBTQ+ community are often
 disproportionately affected by online harassment, exacerbating societal
inequalities.
o The Impact on Mental Health- Online harassment can have a profound impact
on an individual's mental health. The continuous threats and abuse can cause
anxiety, depression, and trauma, affecting their right to health and well-being.
Furthermore, self-censorship may become necessary for personal safety,
curtailing freedom of expression.
4. Algorithmic Bias and Discrimination- The use of algorithms in digital spaces, such as
for content recommendation and automated decision-making, has raised concerns
about bias and discrimination. These algorithms can perpetuate and amplify existing
societal inequalities, violating the principle of non-discrimination enshrined in human
rights law.
o Content Recommendation Algorithms- Algorithms used by digital platforms to
recommend content often exhibit bias. They can unintentionally reinforce
stereotypes, limit exposure to diverse perspectives, and create "filter bubbles,"
restricting access to information. This can undermine the right to receive and
impart information without interference.
o Automated Decision- Making Systems Automated decision-making systems,
including those used in hiring, lending, and criminal justice, can
disproportionately impact certain groups. If these algorithms are trained on
biased data, they may discriminate against marginalized populations, violating
the principle of non-discrimination and equal protection under the law.
5. Efforts to Address Digital Rights Violations - Efforts to address violations of human
rights in digital spaces are underway at various levels, including international,
governmental, and civil society initiatives.
o International Frameworks- International organizations such as the United
Nations have recognized the importance of digital rights. Initiatives like the
"UN Guiding Principles on Business and Human Rights" emphasize the
responsibility of both states and corporations to respect human rights in digital
environments.
o Legislation and Regulation- Many countries have started to pass legislation to
protect digital rights. The European Union's General Data Protection
Regulation (GDPR) is a notable example, setting stringent standards for data
 privacy. Additionally, countries are working on legal frameworks to address
online harassment and hate speech. C. Technological Solutions Technological
solutions, such as end-to-end encryption and privacy-focused tools, aim to
empower individuals to protect their digital rights. These solutions can
enhance online privacy and security while reducing the impact of surveillance
and censorship. D. Awareness and Education Civil society organizations and
advocacy groups are raising awareness about digital rights violations. They
educate individuals about online safety, privacy protection, and the
consequences of biased algorithms, empowering them to advocate for their
rights.

The digital age has ushered in a new era of challenges and opportunities for human rights.
Surveillance, censorship, online harassment, algorithmic bias, and automated decision-
making systems in digital spaces can significantly impact the fundamental rights and
freedoms of individuals. Addressing these issues requires a multi-faceted approach, including
international frameworks, legislation, technological solutions, and public awareness.
Protecting human rights in the digital age is an ongoing struggle that requires cooperation
between governments, corporations, civil society, and individuals to ensure that the promise
of the digital world aligns with the principles of justice, equality, and freedom.

Action That Can Be Taken

Globally, the methods by which human rights are both upheld and infringed have changed
thanks to digital technology. The Internet has evolved into a crucial instrument for advancing
economic growth and achieving several human rights. But every day, there are fresh
examples of how digital technologies are undermining human rights, whether it be through
the Turkish prime minister's decision to ban Twitter, the death penalty for a Facebook post in
Iran, the NSA's widespread electronic surveillance of American citizens, a European court's
decision on the right to be forgotten in Google searches, or China's demand that Internet users
give their real names to service providers.

Because none of our institutions—political, social, or legal—have caught up with the

ramifications of this change, our conception of how to uphold and uphold human rights is
being seriously tested. The fight for human rights needs to catch up with the digital world we
live in. Here are three useful actions.
1. Make the UN Human Rights Council's Special Rapporteur Mandate on the
Right to Privacy a reality- The creation of a "special rapporteur" for the right to
privacy at the UN Human Rights Council in Geneva at its upcoming session in
March, which would essentially be an expert in international human rights law, would
be the first practical step to be taken in protecting human rights in the digital sphere.
The UN General Assembly (UNGA) resolution on The Right to Privacy in the Digital
Age that was unanimously approved on December 18 in New York, led by Brazil and
Germany, would explicitly invite the formation of such a mandate. The basic premise
is straightforward: when everything you say or do may be monitored and recorded, it
restricts what you feel free to say, where you feel free to go, and who you choose to
meet. These issues are at the core of the work done by human rights advocates and
campaigners worldwide. The consensus language adopted by the UNGA underlined
rising concern on a worldwide scale over the costs and effects of unrestrained mass
monitoring on human rights, particularly the diminution of basic freedoms of
expression, assembly, and association. The resolution urged Geneva's Human Rights
Council members to act on the problem of defending privacy in the digital sphere by
thinking about establishing a special process mandate holder to handle these
widespread issues. This mandate holder should ideally be committed to elaborating on
how digital communications technology affects the right to privacy and helping to
clarify how to uphold the rule of law and ensure the protection of fundamental
freedoms and human rights in the digital sphere. The establishment of this crucial
global mission must have the support of the international community.
2. Assist Multi-Stakeholder Internet Governance Evolve- Supporting further
development of the multi-stakeholder approach to Internet governance that is
currently in place would be a second practical step that could be taken to strengthen
the promotion of human rights in the digital context rather than allowing retreat
towards a multilateral, state-based "Westphalian" model of governance. In many
respects, the Internet has aided in the enjoyment of rights, but it has also contributed
to the greater trend of the transfer of power from governments to non-state actors. The
Internet, which was developed with the cooperation of technologists and several other
stakeholders, is a worldwide, trans-boundary network that is independent of national
boundaries. The so-called "Westphalian" paradigm of nation-states, which is at the
core of the UN framework, was effectively contested by the Internet. Global
connection and the unrestricted exchange of information across borders have
 empowered people, but the nation-state structure built on territorial divisions has been
put to the test. As a result, certain nations, most notably China, are supporting the idea
of internet sovereignty more and more. Under this notion, each national government
has sovereign authority over all facets of the Internet's infrastructure, data, content,
and governance inside its boundaries. In practise, adopting this strategy would be an
attempt to Westphalianize the global Internet and to buck the trend towards a
dispersed, decentralised multi-stakeholder form of Internet governance. The multi-
stakeholder paradigm for Internet governance must be safeguarded and strengthened
to tackle this challenge. This strategy is based on the fundamental idea that
governments cannot effectively regulate the technological or political aspects of the
Internet on their own. The open, interoperable Internet was developed via
collaboration and decision-making by several non-governmental actors, and its
functionality depends on the continuous participation of numerous stakeholders, most
notably technologists, in Internet governance procedures. The best people to create
Internet governance mechanisms that prioritise global human rights in the digital
sphere are governments, technologists, the private sector, and others. Civil society
organisations that are committed to the protection and promotion of human rights are
in the best position to do this.
3. Develop the Conceptualization of Protecting Human Rights as a Priority for
National Security- Finally, we must reinforce the notion that safeguarding human
rights and upholding the rule of law online are integral to maintaining national and
international security rather than being incompatible with it. In the wake of
Snowden, national security concerns are all too frequently framed as being in binary
opposition to freedom and privacy concerns, as if there is only a one-sided trade-off
between the two. In truth, since the United Nations was established shortly following
World War II, human rights protection has been a crucial cornerstone of the
international security architecture. Some essential components of long-term national
and international security have been severely undermined in recent years due to
inadequate protection of human rights and adherence to the rule of law in the digital
sphere. The level to which digital security for specific people, for data, and for
networks has been compromised in the name of preserving national security was one
of the most alarming parts of the massive surveillance programmes exposed by
Edward Snowden. Given that digital security is now at the core of national security,
whether protecting sensitive data, private information, or essential infrastructure, this
 is ironic and unfortunate. Practises like secretly tapping into networks, mandating
back doors for encrypted services, and undermining international encryption standards
would gravely jeopardise human rights as well as national and international security.
Meanwhile, oppressive countries driven to sabotage human rights work have made
targeted malware and well-planned digital attacks on human rights advocates their
standard operating procedure. Like companies and governments, civil society actors
are becoming subject to a barrage of ongoing electronic espionage attacks from
governments and other political players like cyber militias. Therefore, even while
social media and data-collection technologies are causing our ideas of privacy to
change, we also need to understand that the digitalization of everything has an impact
on more than "just privacy." All essential freedoms are compromised when
governments disregard human rights while using newly available digital capabilities.
Furthermore, governments encourage a race to the bottom among hackers by using
strategies that compromise the digital security of people, networks, and data. Other
states and non-state actors will pick up on and adopt practises that compromise digital
security, which will ultimately compromise security for key infrastructure as well as
for ordinary users worldwide. The need of enhancing digital security for individual
users, data, networks, and key infrastructure must be recognised as a top national and
international security priority.
4. The multilateral approach of UN1 needed- The difficulties brought on by new
technology frequently have a global scope. Therefore, a multilateral strategy seems, at
least in the eyes of the UN bodies, to be crucial for assisting states in keeping up with
the present pace of technological innovation and preventing a race to the bottom
"which allows technological harms to grow in some areas while reducing preventative
measures in others."2 The UN is in theory best placed to strive towards a generally
oriented understanding of how international human rights laws relate to digital
technology and to provide guidance on the subject, notwithstanding the challenges
provided by political struggle within its ranks. International human rights treaties are
kept safe by the UN, which also maintains several human rights-related entities based
on its charter. It strives to increase nations' responsibility with adherence to human
rights principles, especially in the digital space, through its unique processes, such as

1
https://www.europarl.europa.eu/RegData/etudes/BRIE/2022/729376/EPRS_BRI(2022)729376_EN.pdf
2
UNHRC Advisory Committee study, https://www.ohchr.org/en/documents/reports/study-national-policies-and-
human-rights-report-human-rights-council-advisory (visited on 27 September 2023)
 the Universal Periodic Review, while in practise political conflicts among its members
sometimes obstruct this goal.
5. Revisiting International Human Rights Norms- The issues posed by digital
technologies can be addressed using the current international human rights rules, but
they need to be revitalised and (re)interpreted, according to several UN publications
(cited in this section). Creating a thorough human rights framework for new
technologies could aid in overcoming the existing overabundance of moral guidelines
and voluntary codes of behaviour that only cover a narrow spectrum of human rights.
The creation of "a comprehensive manual or guide on how human rights norms can be
used to new technologies, particularly when incorporated into governance and
business structures" is one suggestion made in this respect by UN studies. 3 The
interpretation process has thus far been carried out via soft law instruments, such as
statements and resolutions passed by UN forums, in addition to the rulings of the UN
treaty overseeing agencies. The General Comment (25/2021) of the UN Committee on
the Rights of the Child on children's rights in connection to the digital environment is
an illustration of a thorough interpretative endeavour about a UN human rights
instrument. While UN treaties impose responsibilities on governments, the UN
Guiding Principles on Business and Human Rights impose obligations on
corporations. These principles can serve as a sound framework for directing firms'
actions, including those using emerging technology. Another framework for building
connections between human rights and emerging digital technologies is the UN's
sustainable development objectives. Information and communications technology
have the ability to promote sustained, fair, and inclusive economic growth and
sustainable development, as well as the realisation of the UN 2030 Agenda for
Sustainable Development, according to a UN General Assembly resolution from
2018. The 2018 resolution emphasises the critical need of striving to overcome
gender-related digital disparities in this environment.

Human Rights and Digital Technologies

Numerous societal effects have been produced by new digital technologies. They have
considerably aided in empowering people to utilise their human rights and in exposing
numerous abuses of those rights. They have also been misused by both public and
commercial organisations as tools of surveillance, control, and misinformation. Their uneven
3
See 2021 UNHRC Advisory Committee study, https://www.ohchr.org/en/documents/reports/study-national-
policies-and-human-rights-report-human-rights-council-advisory (visited on 27 September 2023)
uptake exacerbates the digital divide and discriminatory difficulties, especially in the least
advanced countries. The influence of artificial intelligence (AI) on the future of employment,
notably in the form of job losses and widening inequality, is one example of more indirect
and long-term but equally important repercussions. Similar to the coronavirus pandemic,
abusive government policies have been implemented, restricting online freedom, escalating
surveillance, and improperly using personal data. Digital technologies have made it possible
for many human activities to continue while reducing direct human interaction. The epidemic
has also made violence against women and girls committed with the use of information and
communications technology worse.

Human rights laws were created in the pre-digital era; the Universal Declaration of Human
Rights4 was adopted in 1948, the International Covenant on Economic, Social, and Cultural
Rights5 went into effect on January 3, 1976, and the International Covenant on Civil and
Political Rights6 took effect on March 23, 1976, all of which are the three primary
foundations of the international human rights framework. Five of the other seven main UN
human rights treaties were enacted prior to 1991 and as a result were not created with the
intention of reaffirming fundamental rights in a digital context. Only the International
Convention on the Rights of Persons with Disabilities, which was adopted in 2006, contains
some pertinent provisions on promoting access for people with disabilities to new
technologies for communication and information and systems, such as the internet. The other
two most recent ones, the International Convention for the Protection of All Persons from
Enforced Disappearances7 and the Convention on the Rights of Persons with Disabilities 8, do
not.

Since "new technologies are creating a completely distinct world that doesn't line-up
perfectly with our traditional paradigms," the present international human rights framework
contains conceptual holes. This prompts debate about whether current treaties should be
4
Universal Declaration of Human Rights, https://www.un.org/en/about-us/universal-declaration-of-human-
rights (visited on 27 September 2023)
5
International Covenant on Economic, Social and Cultural Rights, https://www.ohchr.org/en/instruments-
mechanisms/instruments/international-covenant-economic-social-and-cultural-rights (visited on 27 September
2023)
6
International Covenant on Civil and Political Rights,
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
(visited on 27 September 2023)
7
International Covenant on Protection of All Persons,
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-all-persons-
enforced (visited on 27 September 2023)
8
Convention on Rights of Persons with Disabilities,
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities (Visited
on 27 September 2023)
changed or simply interpreted, as well as whether new, particular agreements should be
ratified. International forums have mostly focused on reinforcing and, where required,
reinterpreting current standards in the digital sphere. 9 However, this role has grown more
challenging as the UN once more turns into an intellectual battlefield between liberal
democracies and authoritarian governments that are fighting for their own illiberal vision of
human rights. Therefore, in addition to their work done within the UN, liberal democracies
have taken on the task of promoting human rights in digital technologies in various formal or
informal settings (such as the Organisation for Economic Co-operation and Development -
OECD, the G7, and the Summit for Democracy).

At the same time, it is becoming abundantly obvious that a human rights viewpoint cannot
wait for new technologies to mature before responding to new concerns, notably in the case
of artificial intelligence. Human rights must be taken into account from the beginning of the
design process for new technology. The establishment of international technical digital
standards, in the opinion of experts, must also take democratic ideals into account. As long as
there is no necessity for human rights compliance in international standardisation procedures,
authoritarian influence can flourish. As a result, democracies and the international community
must carefully assess any new technical advancements from the standpoint of human rights.

Mainstreaming Digital Human Rights in cities and its Governance

Numerous digital services are regularly used by urban dwellers all around the world. The
physical and digital areas of the city are more tightly linked with digital technology as city
governments go through a digital change. In order to supply services, control the urbanization
process, and interact with people, technologies are deployed. Cities must guarantee that
human rights are upheld both online and offline as physical and digital areas merge more and
more. When creating, gaining access to, and utilising technologies in an ethical, inclusive,
and sustainable manner, human rights must be preserved and supported. Only then does
technology have the potential to benefit people. Governments and the corporate sector's use
of digital technology, platforms, and data can have various effects on diverse groups of
people in different places and occasionally has unwanted or unexpected effects on urban
populations. The influence of digital tools on human rights advocacy and abuses, such as a
lack of data security and privacy, use of surveillance technology, and online violence and
harassment, is included in the UN Secretary General's Roadmap for Digital Cooperation.

9
UNHRC Advisory Committee study on 'New and emerging digital technologies and human rights', presented
during the 47th session of the Human Rights Council in July 2021.
People-centred smart cities require digital governance approaches that uphold human rights
in digital environments. UN-Habitat10 and partners are offering practical help in normative
and technical issues related to mainstreaming human rights in digital initiatives, building on
previous normative work, international frameworks, and local experiences. The Guide's three
dimensions outline the fundamentals, frameworks, and resources city governments can use in
their digitalization strategies to guarantee that human rights are upheld and promoted at all
times and to tailor their commitments to digital human rights in accordance with their
particular requirements and contexts.

Conclusion
In the digital age, the pervasive influence of digital technologies reaches into nearly every
aspect of both private and public life, profoundly impacting individual communities and
society as a whole. The realm of human rights is undergoing a transformation, with new
interventions and emerging threats. This evolution is marked by significant changes in the
definition, scope, and understanding of human rights in the digital era. One notable
conceptual shift lies in the unpredictable expansion of fundamental rights, as the boundaries
between physical and digital actions gradually blur. This evolution necessitates a departure
from traditional theoretical structures and legal doctrines, underscoring the growing
importance of 'digital rights.' As comprehensive digitization continues, it widens the array of
rights addressed, predominantly through corporate entities. This expansion also prompts us to
reevaluate the range of rights holders, particularly through algorithm-based digital
technologies. Instead of trying to fit rights into outdated frameworks, we must reconsider the
very foundations of human rights concepts and examine the potential risks associated with
technology and its proprietors. Today, we confront a scenario where established approaches
to enforcing and protecting human rights in the digital sphere no longer suffice.
Unfortunately, the judicial system does not always respond promptly with judicial activism to
bridge legal gaps, often citing a lack of appropriate regulations. New approaches must be
developed, balancing the need for a non-state-controlled digital space while ensuring that
social media and digital tool owners adhere to societal 'rules of the game' consistent with
democratic norms. Similarly, human rights education in law schools should adapt to digital
realities, acknowledging the emergence of a new generation of digital rights and the evolving
legal landscape. Ensuring human rights in the implementation and use of technology is not
solely the domain of the law; it is a perspective that should engage all stakeholders in human
10
Digital Human Rights, https://unhabitat.org/programme/people-centered-smart-cities/digital-human-rights
(visited on 27 September 2023)
rights discourse. This research contributes to principles and values that can guide scholars,
experts, governments, civil society, and businesses in the realm of human rights. It also
advocates for a revaluation of the very concept of human rights, emphasizing the need to
consider potential 'digital risks' as new technologies with global implications emerge, along
with measures to prevent and mitigate human rights violations. Human rights, fundamental
values, and the rule of law must remain at the forefront while also translating into practical
implementation. This is crucial for achieving a just society and bolstering individuals' trust in
technology. Future research should delve into topics like a new catalogue of human rights,
doctrinal definitions of digital rights, and the development of national and international
regulations that account for the evolving nature of human rights in the digital age.
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Plagiarism Report