Digital technologies are an integral part of our daily lives and have transformed the way we communicate, interact, work, assemble and construct our identities. Most of us cannot imagine a day without digital technologies assisting us to transfer money, catch up on the latest news alerts from all over the world or quickly paying for a ticket through an App while hopping onto the bus. We draw inspirations from quotes shared by our friends on Instagram, spend hours watching cat videos on TikTok and watch the latest drama unfold on X while googling whether we should all open a Mastodon account now.
Whatever impacts us as humans, impacts the conceptualisation, exercise and protection of human rights. Many examples show how digital technologies both help us to exercise human rights but are also a means to oppress them. Courts and regulators must resolve, not only the conflict between technology and fundamental rights but the conflict between competing rights. Over the five weeks of the course, we will focus on several areas of interest. This course will focus on both constitutional principles, fundamental and human rights, and the challenges facing digital technologies in today’s world.
The course critically examines the interaction and conflict between fundamental rights and digital technologies. Considering how digital technologies influence human rights across the world, the course aims to highlight the experience of people from both the Majority and the Minority world.
The following topics will be covered:
Introduction to human rights in the digital age;
Business, human rights and digital technologies;
Protection of vulnerable groups, such as children, in relation to the digital environment;
Freedom of expression, access to information and democratic participation in the digital age;
Artificial Intelligence and human rights.
We will focus on the UN human rights regime, the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, as well as case law from the European Court of Human Rights and the Court of Justice of the European Union. But we will also draw on other rights regimes from around the world.
Course objectives
The course is designed to teach students how to research, understand, and deploy authority from a variety of legal regimes. Each topic is unique and chosen to enhance students’ learning experience by building on the multi-jurisdictional and any inter-disciplinary perspectives they have developed so far and develop skills in the art of academic research. The class is characterized by a legal and positivistic approach. Accordingly, students should be able to:
Gain an understanding of the core effects of digital technologies on fundamental rights;
Gain a better understanding of the framework for fundamental rights at the International and European level;
Understand and contribute to contemporary debates over changes in identity, sociality, the economy, education, and play associated with the emergence of digital technologies;
Recognize how digital technologies constantly impact and/or structure everyday social interactions and behaviours;
Understand the role of human rights in protecting users online for both systemic and individual harms;
To critically analyse, engage with and present academic sources in the field covered by the course;
To provide an answer to questions concerning (a subject) in the field covered by the course;
To actively participate and critically engage in academic debates on a subject in the field covered by the course;
To be socio-communicative in collaborative situations;
To provide and receive constructive criticism, and incorporate justified criticism by revising one’s own position;
To adhere to agreed schedules and priorities;
To collect and select academic literature using traditional and digital methods and techniques;
To understand how to use legal authority and precedent properly;
To analyse and assess literature with a critical eye as to its quality and reliability;
To formulate a substantiated conclusion.
Mode of instruction
Number of lectures: 10 Lectures/seminars.
Names of lecturers: Dr. Sabine K. Witting, Assistant Professor
Assessment method
Assessment method(s) and the weighting of each form of assessment towards the final grade:
Closed book exam – 100% of the overall mark
Reading list
Literature:
To be announced.
Reader:
- Course reader is available to be downloaded from Brightspace.
Contact information
Dr. Sabine K. Witting, Assistant Professor
Faculteit Rechtsgeleerdheid/Instituut voor Metajuridica/eLaw@Leiden
Please note: The Course Coordinator is not based in the Netherlands and can hence best be reached via email (s.k.witting@law.leidenuniv.nl)
Administration advanced masters: BIO
Mrs. Orsolya Kalsbeek-Bagdi and Ms. Kasia Janik: humanrights@law.leidenuniv.nl
Disclaimer
Currently these pages are being updated to reflect the courses for 2024 - 2025. Until these pages are fixed as per 1 September 2024 no rights can be claimed from the information which is currently contained within.
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.