Constitutional Human Rights and Freedoms in the light of Digitalization of Public Relations

The introduction of digital technologies into the sphere of human rights and freedoms is ambiguous, leading to a blurring of established ideas about constitutional human rights and freedoms. In general, all groups of constitutional human rights and freedoms have been digitalized. The use of digital technologies and artificial intelligence has contributed to the creation of new forms of implementation of constitutional rights and freedoms. However, digitalization has also created new threats that can only be neutralized by creating new legal mechanisms. Practice has shown that law as a universal social regulator is applicable to regulating public relations in the digital environment. Spontaneous instruments of self-regulation are not based on basic constitutional principles, including the recognition of human rights and freedoms as the highest value, therefore, they cannot serve as the main source of regulation. In the context of rapidly developing technologies and changing public relations, the importance of constitutional principles, as well as human rights and freedoms, as a basic value, the foundation for building new legal relations in the digital environment and creating new digital rights is increasing. In particular, given the extent of the penetration of digital technologies into the implementation of constitutional human rights and freedoms, it is necessary first of all to legislate the guarantee of human access to the Internet as a condition for the implementation of constitutional rights and freedoms in the digital environment, as well as to supplement the provisions prohibiting discrimination of human rights and freedoms depending on the form of rights and freedoms implementation.

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Publication Details

Journal
Lex Russica
Published
2025-03-19
DOI
https://doi.org/10.17803/1729-5920.2025.220.3.086-097
Citations
3
Primary Topic
Security, Politics, and Digital Transformation
Type
article
Field-Weighted Citation Impact
25.57
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article

Constitutional Human Rights and Freedoms in the light of Digitalization of Public Relations

E. V. Lungu
3 citations
Lex Russica
Security, Politics, and Digital Transformation
25.57
article

Constitutional Human Rights and Freedoms in the light of Digitalization of Public Relations

E. V. Lungu
article en
3 citations

Abstract

The introduction of digital technologies into the sphere of human rights and freedoms is ambiguous, leading to a blurring of established ideas about constitutional human rights and freedoms. In general, all groups of constitutional human rights and freedoms have been digitalized. The use of digital technologies and artificial intelligence has contributed to the creation of new forms of implementation of constitutional rights and freedoms. However, digitalization has also created new threats that can only be neutralized by creating new legal mechanisms. Practice has shown that law as a universal social regulator is applicable to regulating public relations in the digital environment. Spontaneous instruments of self-regulation are not based on basic constitutional principles, including the recognition of human rights and freedoms as the highest value, therefore, they cannot serve as the main source of regulation. In the context of rapidly developing technologies and changing public relations, the importance of constitutional principles, as well as human rights and freedoms, as a basic value, the foundation for building new legal relations in the digital environment and creating new digital rights is increasing. In particular, given the extent of the penetration of digital technologies into the implementation of constitutional human rights and freedoms, it is necessary first of all to legislate the guarantee of human access to the Internet as a condition for the implementation of constitutional rights and freedoms in the digital environment, as well as to supplement the provisions prohibiting discrimination of human rights and freedoms depending on the form of rights and freedoms implementation.

Lex RussicaVol. 78(3)
Federal Penitentiary Service (RU)
Openalex Percentile: Top 1%
Security, Politics, and Digital Transformation
25.57
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