The article focuses on the right to be forgotten, which is at the center of changes in the concept of human rights in the digital age. The origins of the right to be forgotten in European legal doctrine and judicial practice, as well as its relationship with autonomy and identity, are analyzed. The article also examines the significance of the new understanding of “time” and “data” for the adoption of this right, considering the influence of two key cases of the Court of Justice of the European Union, such as Google v. Spain [2014] and Google v. CNIL [2019] on the concept of the right to be forgotten. The place of this right, its connection with privacy and European data protection law is debated. The article focuses on jurisdictional issues, paying particular attention to both the right to be forgotten and the understanding of the relationship between privacy a nd freedom of expression in the European Union and the United States, and possible jurisdictional disputes around the world. The article also addresses the issue of balancing rights and legitimate interests, as well as the proportionality for applying the right to be forgotten, both in the European and global contexts.
The aim: The article analyzes the impact of abortion on human rights and women’s health in the light of medical and technological advances of the digital age. Materials and methods: The methods of research were dialectic approach and general analysis of normative and scientific sources, analysis of the results of studies of women’s mental health after abortions, analysis of judicial practice, especially decisions of the European Court of Human Rights, the results of author’s own empirical studies, the formal legal method, the comparative legal method and the historical method. It has been established that there is no strong evidence that abortion negatively affects a woman’s mental health, including no evidence that the emotional consequences aredeeply personal, or are rather the result of societal pressure. Arguments were refuted about extending the protection of human rights regarding abortion to unborn children and their fathers. Conclusions: The article emphasizes that the ethical burden on medical workers, especially in jurisdictions that require the approval of a doctor to legally terminate a pregnancy,increases significantly due to information flows and community expectations dictated by new medical advances.
The article is devoted to the problem of concluding a new social contract in the digitalage, taking into account the its peculiarities and the complex challenges in the field of business andhuman rights. The issues of the need to renegotiate such an agreement, the composition of the partiesand its basic conditions are considered. It is emphasized that the almost uncontrolled activities andgrowing power of companies are not the only, but one of the most important reasons for revisingthe contract.The article argues that the features of the digital age that affect the reasons for the conclusionand content of a new social contract are as follows: a significant part of all activities of entities takesplace in cyberspace or has an online component; digital tools are extremely common in both publicand private life; data become key to any economic, social, political activity; the amount of data ishuge, and the speed of their spread is incredibly high; the development of societies is uneven, andit is exacerbated by the digital divide; the power of business structures is growing, including theirability to modify the behavior of users of digital tools.The main threats to the existing social contract are a significant imbalance between the rights andobligations of the parties, the ineffectiveness of instruments to control its observance, the asymmetryof power, and the formation of a regulatory framework by companies against their role in the privatesector. Attempts to include business in the treaty, leaving human rights and justice at the center,including legitimacy and the negotiation of conditions with equal participation of individuals, civilsociety, companies and governments, are considered.The reasons for the potential loss of power of the existing social contract in the digital age are given,including the examples exacerbated by the COVID-19 pandemic. The article emphasizes the need toreconcile the responsibilities of participants, as well as to take into account the consequences of the
Exploring the history of our experience, Hannah Arendt reveals not only a radical transformation of its structure, but also the loss of experience as such and its replacement with technology. In order to identify the place of law in this process, we are trying to clarify the legal aspect of experience in terms of phenomenological hermeneutics and to trace its transformation in the digital age. The experience of law is thought of as one of the aspects of our mode of being-in-the-world, which is based on openness to the world and consists in the mutual recognition of people in their dignity. Digital technologies, in turn, contribute to replacing fundamental openness with illusory freedom in cyberspace. The latter, unlike the public realm as a realm of action of many, and in this sense legal realm, is based primarily on productive activities of one and no longer requires law.
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