THE RIGHT TO INTERNET ACCESS AS A UNIVERSAL HUMAN RIGHT
DOI:
https://doi.org/10.35120/sciencej0404119pKeywords:
digital rights, human rights, internet access, social inclusion, digital divideAbstract
In the era of digital transformation, internet access is no longer merely a technical issue but a question of human rights, equality, and social inclusion. The Internet today forms the foundation for access to education, healthcare, employment, political participation, and information. Global digital inequality has become a serious challenge, as millions of people worldwide still lack stable, secure, and free internet access. This raises a key question: should the right to internet access be recognized as a universal human right, and if so, how can it be implemented and protected in practice? The motivation for this research stems from the urgency of addressing the growing social disparities deepened by the digital divide. This issue gained even more relevance during crises such as the COVID-19 pandemic, when the lack of internet access and digital literacy led to mass exclusion from education and social life. Using a combined methodological approach, the study identifies several emerging challenges: unequal access to digital resources, unclear privacy boundaries, insufficient legal protection of digital users, and ethical dilemmas related to artificial intelligence and data processing. Through comparative analysis of relevant legal frameworks across countries and the examination of international standards such as data protection regulations and cybersecurity laws, this research explores both the legal and social dimensions of digital exclusion. The goal is to examine the problem through legal, social, infrastructural, and ethical perspectives to develop a comprehensive understanding of the possibilities and limitations of formalizing the right to internet access. The results show that the international community is increasingly aware of the importance of digital access, yet legal recognition of internet access as a human right is still not universally accepted. In 2016, the United Nations adopted a resolution condemning deliberate internet shutdowns, but it remains non-binding. Even in countries that have recognized this right, implementation remains problematic due to the lack of operational mechanisms. Furthermore, risks persist — states that guarantee internet access may simultaneously apply censorship, mass surveillance, or digital control. Ensuring access does not automatically mean ensuring freedom or safety in the digital space. Although international law does not explicitly recognize internet access as a human right, it increasingly acknowledges it as a means to realize other fundamental rights. Potential solutions include recognizing internet access as a basic right at national and international levels, establishing public policies to subsidize access for vulnerable groups, investing in digital literacy and infrastructure, and developing independent monitoring of digital exclusion as a form of social discrimination.
Downloads
References
DeNardis, L., & Hackl, A. (2015). Internet governance by social media platforms. Telecommunications Policy, 39(9). DOI: https://doi.org/10.1016/j.telpol.2015.04.003
European Union. (2018). General Data Protection Regulation (GDPR). Official Journal of the European Union. https://eur-lex.europa.eu
Finland. (2010). Communications Market Act 393/2003 (amended 2010). Finnish Ministry of Transport and Communications. https://www.finlex.fi
Graham, M. (2022). Digital inequalities and global development. Oxford University Press.
Greece. (2001). Constitution of Greece, Article 5A. Hellenic Parliament. https://www.hellenicparliament.gr
Howard, P. (2021). The Digital Politics of Global Inequality. Routledge.
International Telecommunication Union. (2023). Measuring digital development: Facts and figures 2023. ITU. https://www.itu.int/en/ITU-D/Statistics
Smith, J. (2022). Human Rights in the Digital Era. Cambridge University Press.
UNESCO. (2021). Global Internet Governance Report. UNESCO.
United Nations Human Rights Council. (2016). Resolution on the promotion, protection and enjoyment of human rights on the Internet (A/HRC/32/L.20). United Nations. https://www.undocs.org
van Dijk, J. (2020). The Digital Divide. Polity Press.
West, S. M. (2020). Data capitalism and digital rights. Harvard International Law Journal, 61(1).
Costa Rica Constitutional Chamber. (2010). Ruling No. 2010-12790. Sala Constitucional, Costa Rica. https://www.pgr.go.cr
Downloads
Published
Issue
Section
License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.



