Theoretical Understanding of Human Rights in the Era of Digitalization

Abstract

The purpose of this study is to provide a theoretical understanding of human rights in the context of digitalization, identify key challenges facing modern legal systems, and explore conceptual approaches to regulating digital rights. The focus is placed on the transformation of traditional legal constructs under the influence of information technologies, necessitating the modernization of human rights protection mechanisms.

The research methodology is based on the use of general scientific and specialized legal methods, including dialectical, formal-legal, comparative-legal methods, and legal forecasting techniques. A comparative analysis of European legal experience in the field of digital rights highlights the most effective regulatory mechanisms that can be adapted to the national legal framework.

The research findings demonstrate that the digitalization of social relations not only expands the possibilities for exercising human rights but also creates new threats to privacy, information security, and equal access to digital resources. The use of artificial intelligence, algorithmic management, and digital monitoring requires the introduction of effective legal mechanisms to ensure a balance between individual rights and public interests. European experience, particularly the norms of the GDPR, the European Charter of Digital Rights, and digital services legislation, showcases a high level of regulatory protection for digital rights, which should serve as a benchmark for Ukraine within the framework of European integration processes.

The study's conclusions emphasize the need to update the concept of human rights in the era of digitalization, requiring a comprehensive approach to legal regulation in the digital space. Special attention is given to the protection of Ukraine’s information sovereignty in the context of Russia’s hybrid aggression, which necessitates strengthening mechanisms to counter cyber threats, disinformation, and digital espionage. The proposed legal response strategies will contribute to the development of an effective system for guaranteeing digital rights in accordance with international standards.