The Internet's importance for freedom of expression and other rights comes in part from the ability it bestows on users to create and share information, rather than just receive it. Within the ...context of existing freedom of expression guarantees, this book critically evaluates the goal of bridging the 'digital divide' - the gap between those who have access to the Internet and those who do not. Central to this analysis is the examination of two questions: first, is there a right to access the Internet, and if so, what does that right look like and how far does it extend? Second, if there is a right to access the Internet, is there a legal obligation on States to overcome the digital divide?
Through examination of this debate's history, analysis of case law in the European Court of Human Rights and Inter-American Court of Human Rights, and a case study of one digital inclusion programme in Jalisco, Mexico, this book concludes that there is indeed currently a legal right to Internet access, but one that it is very limited in scope. The 2012 Joint Declaration on Freedom of Expression and the Internet is aspirational in nature, rather than a representative summary of current protections afforded by the international human rights legal framework. This book establishes a critical foundation from which some of these aspirations could be advanced in the future. The digital divide is not just a human rights challenge nor will it be overcome using human rights law alone. Nevertheless, human rights law could and should do more than it has thus far.
Midwives and other health care providers face a dilemma when a pregnant woman develops a condition that usually is treated with a pharmacologic agent. Understanding of basic teratology associated ...with drugs as well as the FDA categorization of agents can assist professionals in recognizing which pharmaceuticals should be used or avoided. In addition to reviewing teratology, this article addresses the use of common drugs for the treatment of upper respiratory conditions, minor pain, gastrointestinal problems, psychiatric illnesses, and neurologic disorders. In each category, current evidence is presented pertaining to which agents should be recommended for pregnant women.
This chapter examines the right to access the Internet within the context of the positive actions or duties that States must carry out to ensure that individuals may access the Internet. It looks at ...the approach to positive obligations, with particular attention to positive obligations to protect against violations of freedom of expression between individuals, to safeguard pluralism, and to access information already recognized by human rights monitoring bodies that is relevant to addressing access to the Internet. Where a positive obligation seems to be the strongest, principles of pluralism and access to information are evoked as part of an argument for a positive obligation that ensures access to any particular information medium controlled by a third party. The importance the Court places on pluralism comes from freedom of expression's central role as one of the essential foundations of a democratic society and one of the basic conditions for its progress.
This chapter assesses the debate around inequality of information flows and distribution of information at the time when the United Nations was first founded, which influenced how contemporary ...international human rights legal instruments and standards included freedom of information in the final drafts of these instruments. It examines key geopolitical factors which shaped both the nature and substance of the debate and its outcomes. The chapter discusses the New World Information and Communication Order debate from the turn of the century World Summit on the Information Society (WSIS) which connected the need to create a more inclusive information society and bridge the digital divide with the fulfilment of the Millennium Development Goals. By the mid-1960s, a growing body of scholarship had begun to examine the importance of infrastructure and the ability to access information and knowledge. The connection provides an opportunity for a new line of research to focus on how WSIS implementation encompasses human rights guarantees.
Negative obligations Peacock, Anne
Human Rights and the Digital Divide,
2019
Book Chapter
This chapter shows how freedom of expression guarantees distinguish between denials of access generally; the limitation or restriction of access to specific content online; and a right to access ...information of public interest. It considers the challenges that the Internet as a medium presents in relation to the categorization and prioritization of specific types of speech. In Yildirim, the Court recognizes the Internet's vast capabilities to store and access information and that it is the dominant information medium used by society. The Court implicitly acknowledges how the Internet provides greater and faster opportunities to find relevant information necessary. The chapter focuses on how the Inter-American Court of Human Rights (IACtHR) is distinct from its European equivalent and therefore might change the IACtHR's approach to potential cases which address denial of Internet access as a violation of an individual's right to freedom of expression.
Conclusions Peacock, Anne
Human Rights and the Digital Divide,
2019
Book Chapter
The chapter examines several cases to determine that the European Court of Human Rights has a set of criteria when making its assessments. From the early stages of the UN to the current World Summit ...on an Information Society implementation process and the Internet Governance Forum, it has been recognised that inequalities of access to information technology limit the information and content individuals are able to receive and impart to one another. The Court places stricter scrutiny on restrictions where imparters are either part of the press or serving the role of the press when seen as a watchdog in society. When the imparter is performing a watchdog role for society or ensuring diversity of programming, the speech is given greater protection by the Court. The Court's focus on the extensive coverage of Article 13 guarantees is reflected in its development of, and emphasis on, the 'dual dimension' principle.
PDF
