JJUA55285U Human Rights, Democracy and Digital Technology

This course examines the promise and peril of emerging digital technologies in the context of human rights protections and underlying democratic values, and probes into the legal challenges raised by modern technologies in these areas. The course also draws on the ongoing technology related discussions in Denmark linked to democracy and human rights (e.g. digital-ready legislation; the Danish Ministry of Justice Commission Report (2020) which examines the relationship between social media and freedom of expression).

First, the course will begin with an introduction around the concepts of law, regulation, human rights and emerging digital technologies. This introductory section will elaborate upon the rationale for investigating the challenges and opportunities posed by digital technologies to the protection of human rights and in upholding democratic values.

This will be followed by the second section focusing upon a critical examination of the effects these technologies and their applications will have on specific human rights (such as non-discrimination, the right to privacy and freedom of expression) as articulated under the human rights conventions and other related frameworks and instruments (e.g. 1948 Universal Declaration of Human Rights, ICCPR, ECHR, Human Rights Council Resolutions 20/8 of 5 July 2012 and 26/13 of 26 June 2014 on the promotion, protection and enjoyment of human rights on the Internet).

The third section examines the relationship between digital technologies and crime, including mass atrocities such as genocide, war crimes and crimes against humanity. It is further subdivided into two threads: (1) how digital technologies may enable and facilitate the commission of crime; and (2) how the application of modern technologies can facilitate digital investigations and the preservation of digital evidence both internationally and domestically. In the context of human rights and democracy, this section also engages in the discussions surrounding interference and other forms of martial activities (whether passing or falling short of the threshold for armed conflict) aimed at exploiting an adversary’s vulnerabilities (e.g. information warfare, cyberwarfare, drone warfare, and autonomy in weapons systems).

Finally, the course concludes with a section that focuses on future gazing and problem-finding: exploiting the adjacent possibles opened up by the course to chart the edge of where digital technologies interact with law, human rights and democracy. This sets students up to navigate through the myriad of legal responses to the challenges posed by digital technologies already tabled, as well as inviting students to come up with their own interpretation and response towards the legal issues raised (either in the global or national context), as they work towards their final written assessment.