scholarly journals Access to Internet as a Human Right – Justification and Comparative Study

2021 ◽  
Vol 27 ◽  
pp. 313-327
Author(s):  
Abhinav Mehrotra
Keyword(s):  
Human Rights ◽  
Comparative Study ◽  
Internet Access ◽  
Human Right ◽  
Online Mode ◽  
The Usa ◽  
India And China ◽  
Formal Recognition

This paper advances a human rights perspective to the understanding of internet access by viewing it through a comparative lens with reference to countries in Europe, and the USA, India, and China. The question that is explored is: does internet access warrant recognition as a stand-alone human right, or is it sufficient that access is so bound up with one or more existing rights that formal recognition is unnecessary? Through this paper an effort has been made to analyse whether having a right to internet access as a human right is possible and to argue for the need to recognise such a right given the importance such a right holds, as can be seen especially during the ongoing pandemic when every aspect of life has been shifted to the online mode.

Blocking Orders: Assessing Tensions with Human Rights

2020 ◽  
pp. 565-585
Author(s):  
Christophe Geiger ◽  
Elena Izyumenko
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Freedom Of Expression ◽  
Internet Access ◽  
Fundamental Rights ◽  
Human Right ◽  
The Past ◽  
Blocking Orders ◽  
Copyright Enforcement ◽  
The Eu

In the past few years, the practice of enforcing intellectual property by ordering internet access providers to block infringing websites has been rapidly growing, especially in Europe. European Courts, such as the CJEU and ECtHR, advance several factors to inform—from the perspective of different fundamental rights—the website-blocking practices for copyright enforcement in Europe. This chapter provides an overview of these factors, starting with the freedom of expression framework for website blocking and the rather revolutionary, at least for the European judiciary, concept of user rights that has being construed under it. It then proceeds to discuss the limits of intermediaries’ involvement in digital enforcement dictated by the EU-specific freedom to conduct a business. The required efficacy of the blocking resulting from the human right to property framework for intellectual property is also examined. Potential effects on the website-blocking practices of the recent EU copyright reform are then discussed before concluding.

scholarly journals A systems-based human rights approach to a national food plan in the USA

2019 ◽  
Vol 35 (4) ◽  
pp. 442-444 ◽  
Author(s):  
Anne C. Bellows
Keyword(s):  
Human Rights ◽  
Nutrition Education ◽  
Food System ◽  
System Development ◽  
Local Level ◽  
Human Right ◽  
Global Networks ◽  
Sustainable Food ◽  
Adequate Food ◽  
The Usa

AbstractMolly Anderson's vision of making US federal food assistance rights-based is a powerful and strategic call for justice. Let us expand it to a call for human rights-based sustainable food system development at the national and local level. International human rights frameworks provide strategic and still-evolving tools to support social justice as well as experienced global networks and partners. To advance that potential, we need to fire up broad-scale human rights and human right to adequate food and nutrition education and training.

scholarly journals The Human Right to Internet Access: A Philosophical Defense

2012 ◽  
Vol 18 ◽  
pp. 9-22
Author(s):  
Kay Mathiesen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Internet Access ◽  
Internet Technology ◽  
The Internet ◽  
Human Right ◽  
The United Nations ◽  
Right To Communicate ◽  
The Right

The United Nations has suggested that access to the Internet is a human right. In this paper, I defend the U.N.’s position against a number of challenges. First, I show that Vinton Cerf’s recent rejection of the human right to the Internet is based on a misunderstanding of the nature and structure of human rights. Second, I argue that the Internet enables the right to communicate, which is a linchpin right, and, thus, states have a duty to see to it that citizens have access to Internet technology. Third, I argue that concerns that the Internet can be used to engage in oppression and imperialism do not show that there is not a human right to it. Rather, it shows that the right to the Internet must be understood as part of a larger system of human rights.

scholarly journals A Human Right to Internet Access: A Confucian Perspective

2016 ◽  
Vol 9 (1) ◽  
pp. 6
Author(s):  
Xiaowei Wang
Keyword(s):  
Human Rights ◽  
Information Structure ◽  
Internet Access ◽  
The State ◽  
Human Right ◽  
Normative Concept ◽  
Similar Concept ◽  
Confucian Values ◽  
The Will

In this paper, I discussed the possibility to argue for a human right to internet access in Confucian society. I argued firstly that Confucianism could properly accommodate the concept of human rights, even though it does not have an explicit term for it. Secondly, Confucian concept of min xin (the will of people), as a similar concept of democracy with differences, is used in Confucianism as a normative concept to lay the foundation of the state and legitimatize the governance. Last but not least, I argued that the roles that min xin are supposed to play in reality are never fully carried out due to the specific hierarchical information structure of Confucian society. I proposed that with internet, the concept of min xin would have to be able to play its roles properly. As such, the arguments that disregard internet access by referting to the protection of the Confucian values might not stand.

A Reality of Vulnerability and Dependence: Internet Access as a Human Right

2019 ◽  
Vol 52 (1) ◽  
pp. 77-98 ◽  
Author(s):  
Ryan Shandler ◽  
Daphna Canetti
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Freedom Of Expression ◽  
Internet Access ◽  
Customary Law ◽  
Political Rights ◽  
Human Right ◽  
The Status ◽  
Civil And Political Rights ◽  
New Framework

We are faced with a new reality where our reliance on internet access to fulfil basic civil tasks is threatened by increasing personal and societal cyber vulnerability. This dichotomy of dependence and vulnerability requires a new framework for understanding the legal and human rights status of this evolving technological reality. A number of theories have sought to explain how internet access could attain the status of a human right. These include reliance on the freedom of expression protection offered by the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. More recent approaches have suggested that international customary law could apply, or that internet access could attain the status of an auxiliary human right. Despite repeated demands by international institutions to address modern cyber challenges through a human rights lens, this assortment of legal approaches has failed to garner a consensus view in the international community. The article reviews the merits of each of these arguments, and grounds the debate in the lens of this reality of dependence and vulnerability. Of the four options surveyed, we find that auxiliary righthood is the most promising approach, but that additional research is required to substantiate the claims.

scholarly journals Social and Climate Change: Impact on Human Behavior

2014 ◽  
Vol 30 (1) ◽  
pp. 1-7
Author(s):  
Koentjoro Soeparno ◽  
Budi Andayani
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Social Change ◽  
Industrial Revolution ◽  
Sexual Revolution ◽  
Equal Rights ◽  
Human Right ◽  
The Usa ◽  
And Gender ◽  
The Revolution

The nature of social change occurs at the center of human consciousness and based on a commitment, it cannot be reversed, rejected, or canceled (Vago, 2004). Therefore, there are economic and political orders as a result of conflict of ideologies within society. Historically, global social change is caused by the Industrial Revolution and Ideology and Gender Revolution. The invention of telegraph was the beginning of globalization, identified by the 4T revolution (Telecommunications, Transport, Tourism and Transparency). The revolution in agriculture, mining, manufacturing and industry results changes in lifestyle and exploitation of natural resources that can cause climate change. The second source of social change is the revolution of ideology and gender. When colonialism, slavery and deprivation of human rights occurred, the movement to struggle for human rights as its counterculture appeared, resulting in 1980 the pro-human right movement products. The sexual revolution in the 1960s in the USA demanded for equal rights between men and women. The 1975 UNFPA population convention held in Cairo have made an agreement to restrict population growth using contraception, resulting later-on the concept that sex is no longer for reproductive purpose but for recreation. People’s lifestyle has changed since then.

scholarly journals Introduction to a comparative study of the right to freedom of thought

2021 ◽  
pp. 1-5
Author(s):  
Bethany Shiner ◽  
Patrick O’Callaghan
Keyword(s):  
Human Rights ◽  
Comparative Study ◽  
Special Issue ◽  
European Court ◽  
The Usa ◽  
Freedom Of Thought ◽  
The Uk ◽  
The Right

Abstract This is the introduction for the special issue on a comparative study of the right to freedom of thought across several jurisdictions including the UK, Ireland, Canada and the USA as well as the regional jurisdictions of the European Court of Human Rights and the Inter-American Court of Human Rights.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

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