The Significance of Recognizing the Right to Internet Access as a Human Right

Tintor Ljubomir (Istraživač-saradnik, Institut za uporedno pravo, Beograd), lj.tintor@iup.rs

In the era of digitalization, the internet has become a fundamental tool for information, communication, education, and social engagement. The question of whether access to the internet should be recognized as a separate fundamental human right has become omnipresent. Free access to the internet is of paramount importance for the realization of many key human rights, such as freedom of expression, education, and access to information. However, unequal access to the internet deepens social inequalities. Recognizing and implementing a new human right is a lengthy process. This paper will first highlight why the internet is essential for the realization of human rights and the correlation between the potential human right to internet access and other human rights. Then, doctrinal approaches to recognizing free access to the internet as a human right will be examined. International instruments recognizing the need to acknowledge the right to internet access will be analyzed, followed by national legislations that have followed this trend. The paper will then examine the practice of the European Court of Human Rights on this issue. The paper emphasizes the significance of the right to access the internet in improving the position of persons with disabilities Finally, attention will be given to the digital divide and other obstacles to recognizing this right as a fundamental human right.

Keywords: internet, human rights, right to free access to the internet, digital divide, European Court of Human Rights