Los derechos digitales : ¿hacia una nueva generación de derechos humanos? aproximaciones teóricas desde América Latina y Europa

Abstract

The current sociopolitical context marked by the advancement of new technologies and the transfer of the social life to the digital environment, presents a series of particularities and innovations provided by the so-called digital law. The object of investigation of the present work, which uses the theory of human rights generations as a framework for analysis, focuses on questioning whether the recognition of digital human rights as a catalog of human rights is already provided in the existing generations or, where appropriate, must be framed as a new autonomous and differentiated generation of human right. The methodology used is based on the qualitative review of the most relevant literature, with special attention to the Brazilian and Spanish, applying a differentiated sensitivity in relation to the most appropriate categorization in favor of the greater effectiveness and legitimacy of the human rights protection system in the digital environment. Our main conclusion advocates a theoretical position that, recognizing the characteristics of generational processes of human rights not only from a historical dimension but also from an axiological dimension in relation to the values that support the conformation of each generation, allows the transversal and inclusive recognition of human rights in the three traditional generations of human rights.