ЦИФРОВІ ПРАВА І СВОБОДИ ЛЮДИНИ. РЕАЛЬНІСТЬ БЕЗ НАЛЕЖНОГО УНОРМУВАННЯ

The article examines the pressing issues of digital human rights and freedoms in the context of the rapid digital transformation of society. In particular, the concept of a digital avatar is proposed as an effective tool for realizing the continuum of digital human rights and freedoms. This issue is becoming particularly significant due to the active development of digital technologies, such as digital institutionalization, artificial intelligence, and big data. Today, there is an urgent need to establish clear international legal standards that would ensure an adequate level of protection for digital rights and freedoms. This issue is critically important, especially in the context of international crisis situations, which are often accompanied by increased control over the information space, cyber threats, and the use of technology to restrict human rights. One of the key problems remains the absence of a systematic codification of digital rights and freedoms in international law. Currently, legal approaches to digital rights remain fragmented and fail to meet the contemporary challenges of digitalization, creating significant gaps in the legal regulation of this sphere. The continuum of digital human rights and freedoms includes both rights and freedoms that have a digital component (such as the right to privacy in a digital environment or the protection of personal data) and purely digital rights and freedoms that exist exclusively in cyberspace. An important aspect is the formation of an initial list of digital rights and freedoms, which can serve as a foundation for the further development of the regulatory and legal framework in this field. In particular, this includes rights such as the right to a digital avatar, the right to access artificial intelligence technologies, digital neutrality, freedom from algorithmic pressure, freedom of expression, and protection from harmful information in cyberspace. The introduction of a unified international system for the codification of digital rights and freedoms is a necessary condition for establishing an effective mechanism for their protection. This will not only safeguard human rights in peacetime but also ensure their observance during crisis situations, armed conflicts, or global emergencies. Defining clear legal frameworks will help prevent abuses of digital technologies and contribute to the formation of a fair and secure digital environment for all.