Volume 03 Issue 08-2023
45
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
45-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article discusses the theoretical aspects of digital human rights. The article provides recommendations on the
implementation of the digital human rights system in the legislation of the Republic of Uzbekistan. The main types of
digital rights are discussed. Moreover, international acts in the field of human rights protection in the digital
environment were analyzed.
KEYWORDS
Digital human rights, Internet, digital human risk, human rights.
INTRODUCTION
Human rights must be respected online just as they are
in the physical world. Digital technologies provide new
opportunities for the realization of human rights, but
they are too often used to violate those rights as well.
Of particular concern are issues of data protection and
privacy, digital identity, the use of surveillance
technologies, and online violence and harassment.
For decades, human rights have been protected by the
International Bill of Human Rights, a set of five human
rights treaties developed by the United Nations to
advance fundamental freedoms. Two of these treaties,
The Universal Declaration of Human Rights (1948) and
The Covenants on Human Rights (1966), shaped a
system of universal values and made the person a
subject of the law. It is worth remembering that they
were adopted after two world wars and were a belated
decision in defining and legalizing these universal
values.
The study by M. S. Burianov introduced the term
"global digital human rights", which include the right
to access information, the right to access information
and communication tools and technologies, the right
Research Article
DIGITAL HUMAN RIGHTS. WHAT ARE THE MAIN HUMAN RIGHTS IN THE
DIGITAL ENVIRONMENT?
Submission Date:
August 13, 2023,
Accepted Date:
August 18, 2023,
Published Date:
August 23, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue08-09
Shokhrukhbek Tillaboev
Lecturer Of The Department Of "International Law And Human Rights" At Tashkent State University Of Law,
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 08-2023
46
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
45-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
to access the Internet, the right to protection of
privacy and personal data (personal and biometric),
the right to respect for personal data, rights related to
the protection of genetic information, property rights
in the digital property turnover, the possibility of
realizing personal, social, economic, political and
cultural rights on the basis of t artificial intelligence.
Updating human rights for the challenges of our era is
the key to building a better, fairer and more resilient
world. As Klaus Schwab, founder of the World
Economic Forum, said: “We need a new social contract
centred on human dignity, social justice and where
societal progress does not fall behind economic
development”.
Research shows that, as of 2021, 124 countries around
the world have laws and 8 countries have national
decrees or regulations that grant individuals a general
right of access to information held by public bodies and
impose an obligation on public bodies to provide this
information and actively disclose key types of
information.
One of the most important elements of the right to
access to information is the human right to the free use
of open data. The transition of public services to a
digital environment, the creation of various
mechanisms
of
digital
interaction
between
government agencies and citizens (through chatbots,
feedback forms, accounts in social networks and
messengers, etc.) has significantly simplified and
accelerated the receipt of information, as well as
increased the volume of open data.
Digitalization significantly affects almost all social
relations, which requires a rethinking of many basic
legal concepts. One of them is human rights. Today, it
is increasingly being argued that technological
innovations entail the emergence of new digital human
rights, which are fundamentally different from
traditional rights and form a new generation of human
rights.
According to sociologist Thomas Humphrey Marshall,
digital technologies lower the barriers to participation
as a citizen in the activities of society. That is, digital
citizenship is not a parallel reality, but an expansion of
the interaction between the individual and the state on
the Internet.
Digital rights include the following rights:
The right to information:
-
The right to access the internet;
-
the right to seek, receive and impart information;
-
Right to privacy:
-
The right to protection of personal data;
-
the right to anonymity;
-
Right to electronic participation:
-
The right to receive services electronically;
-
the right to electronic voting;
One of the main challenges in the digitalization of
social relations is to identify the best models of
mechanisms to manage digital platforms and use these
environments as resources for political, social and
cultural transformation. to manage digital platforms
and use these environments as resources for political,
social and cultural transformation.
At the APC Europe Workshop on Internet Rights held
in Prague in February 2001 - the Charter on Internet
Rights was established. The Charter builds on the
People's Charter for Communications and develops
seven themes: 1) Internet access for all; 2) freedom of
expression and association; 3) access to knowledge,
collaborative learning and creativity - free and open
Volume 03 Issue 08-2023
47
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
45-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
source software and technology development; 4)
privacy, surveillance and encryption; 5) Internet
governance; awareness, protection and realization of
rights.
The Charter states that "the ability to share
information and communicate freely using the Internet
is vital to the realization of the human rights enshrined
in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights."
Again, there is no specific information on what
sanctions will be imposed in case of violation of rights
and use of the Internet for profit. Several countries
have adopted laws requiring the state to work to
ensure broad access to the Internet or to prevent the
state from unreasonably restricting access to
information and the Internet. Moreover, European
Union law has a fundamental document in this area -
the GDPR regulation. In addition, the Council of Europe
has developed advisory documents on data protection
applicable to specific technologies or industries.
In addition, in the context of respect for human rights,
a special place is occupied by the corpus of norms and
recommendations concerning vulnerable groups. This
includes children, the elderly, and people with
disabilities, who may require increased protection or
additional conditions.
The Committee of Ministers of the Council of Europe
issued Guidelines on the Protection of the Rights of the
Child
in
the
Digital
Environment.
As
key
recommendations to States, the Committee of
Ministers noted: - Ensuring the child's access to the
digital environment: 1) Access to the digital
environment is essential for the child to realize his or
her rights, including the right to education, and to
maintain social connections;
2) freedom of expression and the right to access
information:
- Children are both creators and consumers of
information;
- States should promote the creation of accessible and
quality content and digital services for children,
including educational content;
- children should be provided with information on how
to make a complaint or receive support;
3) Privacy and data protection:
- States should inform children about the right to
privacy and the issues of protecting Personal Data in
the digital world;
- children and parents should be informed about how
to withdraw consent to the processing of a child's data;
4) the right to education:
- States should take measures to ensure that children
are digitally literate, including through special
programs in educational institutions;
According to above, it is clear that all these measures
should be reflected in the regulatory and institutional
policies of states, as well as in the interaction between
the state, business, media and civil society. Digital
human rights are a new area of law that needs further
development.
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Volume 03 Issue 08-2023
48
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
45-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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Volume 03 Issue 08-2023
49
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
45-49
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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