Suchergebnisse

This paper argues that Internet access should be recognised as a human right because it has become practically indispensable for having adequate opportunities to realise our socio-economic human rights. This argument is significant for a philosophically informed public understanding of the Internet and because it provides the basis for creating new duties. For instance, accepting a human right to Internet access minimally requires guaranteeing access for everyone and protecting Internet access and use from certain objectionable interferences (e.g. surveillance, censorship, online abuse). Realising this right thus requires creating an Internet that is crucially different from the one we currently have. The argument thus has wide-ranging implications.

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the "concept of the right to health". It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the "concept of the right to health" should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

Purpose – This article examines the pressing problem of ensuring the right to Internet access as a basic human right that is fundamental for the formation and the development of the modern information society. The purpose of the study is to promote the idea of adhering to such right, clarifying conceptual approaches, to understand its content as reflected in the decisions of the United Nations, the Council of Europe, and the European Court of Human Rights, as well as determining both the place and the role of this right in the European mechanism for the provision of human rights at the current stage of the information society. Methodology/Approach/Design – In order to reach a comprehensive understanding of the human right to Internet access and to reduce the level of digital inequality both in the European countries and globally, several authors have given their suggestions, which are considered appropriate for their implementation by international organizations, governments, telecommunication companies, and Internet service providers. Findings – By propelling this analysis, the authors advocate the need to recognize the right to Internet access as one of the inalienable human rights that are necessary for decent living and development in the information society. Special attention is given to the fact that the right to Internet access, due to its unique kind allows individuals to exercise other rights, namely the right to information, the right to freedom of opinion and the dissemination thereof, the right to freedom of assembly and association, the right to education, among others. This imposes positive obligations on states to ensure the human right to Internet access and to create a safe and favorable Internet environment for all.

As of December 2014, there are three billion Internet users worldwide, of which 649 million are Chinese. This number will grow in the years to come. This technology, of course, possesses immense significance in our everyday life. What is currently new in international human rights practice is the trend of discussing Internet access as a potential human right. A BBC poll showed that of twenty-seven thousand interviewees worldwide, almost 80% believed that Internet access should be regarded as a fundamental right. The UN has been putting much effort into the spreading of telecom infrastructure. It also recently issued a report suggesting that Internet access should be regarded as a human right, which might entail intervention against a government that had arbitrarily cut off the Internet access of its citizens. Those proposals demonstrate the importance of the current social context, within which any proposal of Internet access as a fundamental human right has to be evaluated. However, despite the vigorous discussions in the legal-political arena, philosophical studies on the subject are still quite sporadic and preliminary. In this dissertation, I attempt to justify a human right to Internet access by referring to its instrumental value in promoting and protecting democracy. Therefore, I discuss not only the normative idea of democracy, but also how Internet use might contribute to its protection and promotion. The thesis consists of six chapters, dealing with several questions. First, I investigate the empirical evidence relating to Internet access and the protection and promotion of democracy (chapters I and II). Making the assumption that democracy is one of the important human rights, and considering the instrumental value of Internet access for democracy, I try to defend the thesis that Internet access should be seen as a derived human right (chapters III and IV). Since I am particularly interested in the role of Internet access in China, I study the extent to which Confucianism might play a role in ...

After outlining the relevant regulatory provisions governing access to the Internet in the EU (section 2) and its Member States (section 3), and after summarizing arguments supporting the introduction of the right to Internet access, the authors seek to broaden the scope of social and legal debates on Internet access in the EU. In particular, they ques- tion (a) whether the Internet is a vital element to achieve a decent standard of living in the Gigabit society (section 4); and (b) whether it deserves a place alongside the fundamental rights or human rights (section 5) and under what conditions it could be incorporated among the EU fundamental rights (section 6). The following sections of the chapter reflect on the potential scope of a right to Internet access (sections 7 and 8) and how eGovernment could facilitate the introduction of such a right (section 9). Considerations about limitations of a right to Internet access are addressed in section 10.