Human Rights and Information Technologies

Author(s):  
Giovanni Sartor

The social changes brought about by the deployment of information technologies are wide-ranging and fundamental. A human rights analysis of such technologically driven changes shows how they implicate significant opportunities as well as risks. The chapter argues that human rights are a core aspect of regulating such technologies, particularly as human rights provide a unifying purposive perspective for diverse technologies and deployment contexts. To this end, the chapter examines how the opportunities and risks of information technologies affect and relate to the fundamental values of freedom, dignity, and equality, as well as specific human rights, such as privacy or freedom of expression.

2021 ◽  
Vol 11 (3) ◽  
pp. 141-156
Author(s):  
Iliya Shablinsky

This article examines and summarises judicial practice in cases related to the use of new information technologies. The study primarily focuses upon the decisions of Russian courts (general jurisdiction and arbitration) and the European Court of Human Rights (ECHR). Employing ECHR practice, the author also refers to numerous decisions by courts in Hungary and the United Kingdom. Cases related to the use of new information technologies can be distinguished between, and this article examines the judicial practice of three categories of cases: 1) blocking of internet resources; 2) employers’ control over employees’ electronic correspondence; 3) journalists’ use of hyperlinks in author’s texts and their responsibility of such placements. Within each category of cases, the rights of citizens can be seriously violated. The article highlights that in an era of rapid development of new information technologies, states, represented by special services and authorised state bodies, are making unprecedented efforts to ensure that they maintain at least partial control over the activities of new actors (bloggers, Internet media, Internet platforms, etc.). Similarly, courts often compromise with authorities when resolving such issues. Notably, national Russian courts did not consider parties’ interests, nor did they assess the need to block all sites with a particular IP address. They did not even follow the Supreme Court of the Russian Federation’s decision to apply the requirements of the European Convention on Human Rights within the framework of the ECHR. The courts limited themselves to pointing out that Roskomnadzor acted within its power. Thus, the decisions of the national courts did not offer a mechanism for protecting rights. Within the norms regulating the new sphere of relations, there are often norms of a restrictive and prohibitive nature, and these norms are dominant in the Russian Federation. In this regard, there remains grounds for concern among lawyers involved in the protection of rights related to new information technologies.


2008 ◽  
Vol 15 (4) ◽  
pp. 539-544
Author(s):  
Nazila Ghanea

AbstractThese two books address the vexing question of human rights and freedom of religion or belief essentially in two different contexts and from two different perspectives: the European and the international. They do so in a broad manner, addressing the social, political, legal and policy implications of religion at large as well as freedom of religion or belief itself. From an overview of both, it can be seen that neither minority rights, cultural rights, freedom of expression nor freedom of association compensate the absence of freedom of religion or belief in human rights terms.


Africa ◽  
2002 ◽  
Vol 72 (3) ◽  
pp. 339-367 ◽  
Author(s):  
Steven Archibald ◽  
Paul Richards

AbstractInternationally, war in Sierra Leone (1991–2002) is regarded as an instance of violent conflict driven by economic factors (attempts to control the mining of alluvial diamonds). Fieldwork (2000–01) in rural areas recovering from war suggests a very different picture. War victims and combatants from different factions stress the importance of political decay, corruption, injustice and the social exclusion of young people. Other studies confirm the picture. There is broadly based discussion in rural communities about how to address the injustices held to have been responsible for the war. It seems in line with wider debate about human rights. Are people being converted to international ideals? Applying a neo-Durkheimian perspective, the article shows that this discourse about rights is a product of local social changes brought about by the war itself. The article concludes by asking how it might be consolidated by rights-oriented reconstruction activity. Human rights in Sierra Leone are as much a local development as an imposed change. In this respect the study confirms the importance of local agency already argued by anthropologists who have studied the process of conversion to world religions.


2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Jaianny Saionara Macena de Araújo ◽  
Magno Gurgel Saraiva ◽  
Adriano Marteleto Godinho

RESUMOEste trabalho tem como objetivo desenvolver a discussão sobre a liberdade de expressão e seu conflito com o discurso de ódio no ordenamento jurídico brasileiro. Deste modo, expõe-se o entendimento e a dimensão do discurso de ódio, assim como sua resolução diante de casos concretos e a reparação civil pelos danos oriundos. Neste contexto, a Ciência Jurídica não pode ser indiferente ao conteúdo dessas normas, tampouco à sua capacidade de adequação aos problemas sociais. O exercício das liberdades civis, sob este prisma, tem muito a ser enriquecido, à medida que se expande a compreensão – antes eminentemente limitada à esfera normativa privada – e passa a tratar da proteção e garantia de direitos com uma preocupação finalística que deve cuidar evidentemente dos direitos humanos, de sua validade fundada tanto na lei, quanto na Constituição, e de sua real eficácia em favor da dignidade humana.PALAVRAS-CHAVEDireitos Humanos. Direitos Fundamentais. Discurso de ódio. Dignidade da pessoa humana. Liberdade de expressão. ABSTRACTThis paper aims to develop the discussion about freedom of expression and hate speech in the Brazilian legal system. Thus, it shows the concept and dimension of hate speech, as well as the resolution in specific cases and the civil liability for damages. In this sense, Law can’t be indifferent to the content of these rules, neither to its adequation capacity towards the social problems. The exercise of civil liberties, based on this conception, has a lot to be enriched, as far as it expands the understanding – previously limited eminently to the private normative sphere – and moves on to the protection and guarantee of rights with a concern that obviously has to take care of human rights, as well as its real effectiveness in favor of human dignity.KEYWORDSHuman rights. Fundamental rights. Hate speech. Human dignity. Freedom of speech.


2021 ◽  
Vol 1 ◽  
pp. 100-105
Author(s):  
A. V. Kolosov ◽  

The features of international protection of rights in the information relations field are investigated. Modern information technologies form new types of public relations, the object of which is information. Information has an impact on all spheres of human activity and generates information relations that are in constant dynamics and development, as new information technologies appear, new types and methods of information transmission and protection are created. The article analyzes the international legal basis of information relations. Special attention is paid to the analysis of the practice of the European Court of Human Rights. The norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, devoted to freedom of expression, are considered. It was found that sometimes it is extremely difficult to determine the degree of potential threat to human rights and freedoms, and often this is the cause of judicial errors on the part of national courts and become a reason for applying to the European Court of Human Rights. Special attention is paid to the consideration of judicial practice concerning relations arising on the Internet, the activities of online mass media (online newspapers, information portals, etc.), as well as a completely new case of cyberstalking. The practice of the European Court of Human Rights shows that free media space and the right to information are the foundation of any democratic society. Maintaining a balance between public and private interests, a person's right to respect for their private life and the right to express their opinion is extremely important in a modern state governed by the rule of law


2020 ◽  
Vol 59 (1-4) ◽  
pp. 611-621
Author(s):  
Sára Horváthy

SummaryEgeria, a 4th century pious woman from the south of present-day Spain, retold, after visiting Palestine with the Bible in hand, her observations to her sisters. If the linguistic aspects of her letters are quite well-known, much less is known about its stylistic value, inappropriately called “simple”.What seems to be boringly the same again and again, is in fact a constantly renewed and perfectly mastered “variation on a theme”, just as in a well-composed piece of music. Her apparent objectivity is indeed a wish to focus on what she considers the most important, namely to tell her community, as closely to reality as possible, what she observed during her pilgrimage. However, Egeria’s latin is also a testimony of the christian lexicon in construction and of the social changes that were in progress by that time.Linguistics and stylistics work together here, the choice of a word or a grammatical formula reveals hidden information about the proper style of an author who, despite her supposed objectivity, had real personal purposes.


Imbizo ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 22-42
Author(s):  
Niyi Akingbe

Every literary work emerges from the particular alternatives of its time. This is ostensibly reflected in the attempted innovative renderings of these alternatives in the poetry of contemporary Nigerian poets of Yoruba extraction. Discernible in the poetry of Niyi Osundare and Remi Raji is the shaping and ordering of the linguistic appurtenances of the Yoruba orature, which themselves are sublimely rooted in the proverbial, chants, anecdotes, songs and praises derived from the Yoruba oral poetry of Ijala, Orin Agbe, Ese Ifa, Rara, folklore as well as from other elements of oral performance. This engagement with the Yoruba oral tradition significantly permeates the poetics of Niyi Osundare’s Waiting laughters and Remi Raji’s A Harvest of Laughters. In these anthologies, both Osundare and Raji traverse the cliffs and valleys of the contemporary Nigerian milieu to distil the social changes rendered in the Yoruba proverbial, as well as its chants and verbal formulae, all of which mutate from momentary happiness into an enduring anomie grounded in seasonal variations in agricultural production, ruinous political turmoil, suspense and a harvest of unresolved, mysterious deaths. The article is primarily concerned with how the African oral tradition has been harnessed by Osundare and Raji to construct an avalanche of damning, peculiarly Nigerian, socio-political upheavals (which are essentially delineated by the signification of laughter/s) and display these in relation to the country’s variegated ecology.


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