DIGITAL HUMAN RIGHTS IN INTERNATIONAL LAW: THE FORMATION OF A NEW GENERATION OF RIGHTS

Abstract

The article examines the process of recognizing access to digital technologies and the Internet as an element of human rights in the international legal context and analyzes the effectiveness of ensuring this protection in practice. The study covers key legal frameworks, including UN General Assembly and Human Rights Council resolutions, special rapporteurs’ statements, and individual states’ experience in ensuring digital rights. Special attention is paid to the problems of restricting Internet access, blocking, and digital inequality. Theoretical analysis shows that there is a growing international consensus on digital rights issues; however, the practical implementation of these norms often faces serious difficulties – state bodies continue to impose restrictions without significant consequences, relying on vague formulations related to national security – which demonstrates the limited effectiveness of international law in providing real protection. The article emphasizes that while internet access is not yet recognized as an independent human right in mandatory international law, its functional significance for implementing already established rights (freedom of expression, freedom of assembly, and right to information) forms the actual recognition of corresponding digital rights.