{"title":"数字人权:国际法律和社会层面","authors":"V. Kartashkin","doi":"10.22363/2313-2272-2022-22-4-949-962","DOIUrl":null,"url":null,"abstract":"The article considers digital human rights as a relatively new social-legal phenomenon which has recently become the focus of scientific discussions. Some scientists believe that digital rights have specific determinants which explain their character of sui generis , i.e., digital rights represent a new - fourth - generation of human rights. The author considers digital rights in their international-legal and social dimensions in order to clarify their nature and definitions, and argues that the scientific-expert community lacks a single understanding of digital rights; therefore, such rights should be named information-digital, which would reflect their information nature as a construct of reality (including virtual reality). The social dimension of digital rights is manifested in the unprecedented impact of the digitalization of social relations, which penetrates all spheres of contemporary society, determines various ethical and legal problems and becomes an issue of such philosophical concepts as transhumanism. In particular, transhumanism, supported by some leaders of the developed countries, implies negative consequences and challenges for traditional human rights since it insists on the transformation of human nature. The internationallegal dimension of digital law is expressed in the symbolic connection between ‘traditional’ and digital rights. When interpreting digital rights as information-digital, there are no differences between the above-mentioned types of rights, since they form an organic whole. Digital rights are a new type of the ‘traditional’ information rights, the provision and protection of which are sufficiently regulated (set) by the norms of the so-called Bill of Rights that includes the Universal Declaration of Human Rights (1948) and the International Covenants on Human Rights (1966). Certainly, for new types of digital rights, it is necessary to develop additional protocols for the International Treaties. However, already now we need to seriously consider the implementation mechanism for digital rights, for instance, such as specialized groups of experts (lawyers and specialists in digital technologies) in the UN. The author proposes to develop an International Information-Digital Code of Rights in order to ensure a comprehensive regulation of digital human rights and freedoms.","PeriodicalId":42659,"journal":{"name":"RUDN Journal of Sociology-Vestnik Rossiiskogo Universiteta Druzhby Narodov Seriya Sotsiologiya","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Digital human rights: International-legal and social dimensions\",\"authors\":\"V. Kartashkin\",\"doi\":\"10.22363/2313-2272-2022-22-4-949-962\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article considers digital human rights as a relatively new social-legal phenomenon which has recently become the focus of scientific discussions. Some scientists believe that digital rights have specific determinants which explain their character of sui generis , i.e., digital rights represent a new - fourth - generation of human rights. The author considers digital rights in their international-legal and social dimensions in order to clarify their nature and definitions, and argues that the scientific-expert community lacks a single understanding of digital rights; therefore, such rights should be named information-digital, which would reflect their information nature as a construct of reality (including virtual reality). The social dimension of digital rights is manifested in the unprecedented impact of the digitalization of social relations, which penetrates all spheres of contemporary society, determines various ethical and legal problems and becomes an issue of such philosophical concepts as transhumanism. In particular, transhumanism, supported by some leaders of the developed countries, implies negative consequences and challenges for traditional human rights since it insists on the transformation of human nature. The internationallegal dimension of digital law is expressed in the symbolic connection between ‘traditional’ and digital rights. When interpreting digital rights as information-digital, there are no differences between the above-mentioned types of rights, since they form an organic whole. Digital rights are a new type of the ‘traditional’ information rights, the provision and protection of which are sufficiently regulated (set) by the norms of the so-called Bill of Rights that includes the Universal Declaration of Human Rights (1948) and the International Covenants on Human Rights (1966). Certainly, for new types of digital rights, it is necessary to develop additional protocols for the International Treaties. However, already now we need to seriously consider the implementation mechanism for digital rights, for instance, such as specialized groups of experts (lawyers and specialists in digital technologies) in the UN. 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Digital human rights: International-legal and social dimensions
The article considers digital human rights as a relatively new social-legal phenomenon which has recently become the focus of scientific discussions. Some scientists believe that digital rights have specific determinants which explain their character of sui generis , i.e., digital rights represent a new - fourth - generation of human rights. The author considers digital rights in their international-legal and social dimensions in order to clarify their nature and definitions, and argues that the scientific-expert community lacks a single understanding of digital rights; therefore, such rights should be named information-digital, which would reflect their information nature as a construct of reality (including virtual reality). The social dimension of digital rights is manifested in the unprecedented impact of the digitalization of social relations, which penetrates all spheres of contemporary society, determines various ethical and legal problems and becomes an issue of such philosophical concepts as transhumanism. In particular, transhumanism, supported by some leaders of the developed countries, implies negative consequences and challenges for traditional human rights since it insists on the transformation of human nature. The internationallegal dimension of digital law is expressed in the symbolic connection between ‘traditional’ and digital rights. When interpreting digital rights as information-digital, there are no differences between the above-mentioned types of rights, since they form an organic whole. Digital rights are a new type of the ‘traditional’ information rights, the provision and protection of which are sufficiently regulated (set) by the norms of the so-called Bill of Rights that includes the Universal Declaration of Human Rights (1948) and the International Covenants on Human Rights (1966). Certainly, for new types of digital rights, it is necessary to develop additional protocols for the International Treaties. However, already now we need to seriously consider the implementation mechanism for digital rights, for instance, such as specialized groups of experts (lawyers and specialists in digital technologies) in the UN. The author proposes to develop an International Information-Digital Code of Rights in order to ensure a comprehensive regulation of digital human rights and freedoms.
期刊介绍:
The mission of the Journal is a broad exchange of scientific information, and of the results of theoretical and empirical studies of the researchers from different fields of sociology: history of sociology, sociology of management, political sociology, economic sociology, sociology of culture, etc., philosophy, political science, demography – both in Russia and abroad. The articles of the Journal are grouped under ‘floating’ rubrics (chosen specially to structure the main themes of each issue), with the following rubrics as basic: Theory, Methodology and History of Sociological Research Contemporary Society: The Urgent Issues and Prospects for Development Surveys, Experiments, Case Studies Sociology of Organizations Sociology of Management Sociological Lectures. The titles of the rubrics are generally broadly formulated so that, despite the obvious theoretical focus of most articles (this is the principal distinguishing feature of the Series forming the image of the scientific journal), in each section we can publish articles differing substantially in their area of study and subject matter, conceptual focus, methodological tools of empirical research, the country of origin and disciplinary affiliation.