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The complex relationship between digital space and human rights, focusing on key areas of concern and protective actions taken by organizations like the united nations. It discusses various digital practices that violate human rights, such as surveillance, censorship, and online harassment, and the measures being taken to address these issues. The document emphasizes the importance of continued dialogue and proactive measures to ensure that the digital world aligns with principles of justice, equality, and freedom.
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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.
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.
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.
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.
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.
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 Rights^4 was adopted in 1948, the International Covenant on Economic, Social, and Cultural Rights^5 went into effect on January 3, 1976, and the International Covenant on Civil and Political Rights^6 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 Disappearances^7 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
(^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.
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.
Bibliography The Office of the High Commissioner for Human Rights, https://www.ohchr.org/en/topic/digital-space-and-human-rights https://www.hrw.org/news/2014/12/23/human-rights-digital-age Office of the Secretary-General's Envoy on Technology, https://www.un.org/techenvoy/content/digital-human-rights https://unhabitat.org/programme/people-centered-smart-cities/digital-human-rights https://www.undp.org/sites/g/files/zskgke326/files/2023-03/The%20Impact%20of %20Digital%20Technology%20on%20Human%20Rights%20in%20Europe%20and %20Central%20Asia.pdf
