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Dear, I leave an article that I wrote years ago, on human rights and the Internet, I hope you like it and contribute.

By Romina Florencia Cabrera

In an increasingly interconnected and governed by the so-called information society world, the use of virtual media and procurement, storage and distribution of electronic data is almost an inevitable tool in our not only legal but also everyday life. Who discussion forums, text messages or phone calls, both as affective labor matters not related by social networking sites, e-mail,? This paradigm shift has led to rethink the relationship between the participants in the globalized world. The national constitution provides guarantees (legal guarantees) to all citizens of the nation, rethought regarding the merger of public and private issues in the era of interconnectedness, such as private property, the violation of correspondence (now extended email), habeas data (related to digital databases in different public, private or web pages) organizations, intellectual property rights, etc.

The first computer was created by the Chinese, the abacus. Then he perfected, until the model we know today.


Internet was born in the early 60s as a new form of communication between the bases of the US military, to the fragility that meant at that time telephone communication, and facing a possible military conflict.

It was as during the Cold War between the United States and the Soviet Union, the first computers of US military bases are connected to each other, forming a, ARPANET network through which it was possible to communicate without using the lines conventional telephone.

Few time later and the promotion of American universities, the Internet network is integrated with all these tanks, and it's not much longer to Internet, we would say that is released to the world, for connection to a large network of computer networks which globally unites and connects all.

Thus was born a new society which we call the Information Society and Knowledge which greatly facilitates access and transmission of information and knowledge. Internet revolutionizes the world

But all this comes supported Internet firmly on the principle of freedom of expression on the Internet that translates into one sentence: freedom of content on the Internet means that everything can be reported.

This principle of freedom of Internet content, often was reflected even in legislation. In Argentina, the principle of art. 14 of the Constitution referred to the press and which enshrines the right to publish ideas through the press without prior censorship, he moved to the Internet, first by a decree in the 90s and then in a 2005 law, which states that search, receive and impart information and ideas through the Internet service is considered to fall within the constitutional guarantee that protects freedom of expression.

They spend a few decades and that static Internet first, where the user is informed but not actively involved, is becoming a dynamic, interactive and then participatory Web, where users are the builders and are the ones who go up and down information network .

They appear interactive services, chat, social networks, blogs and ultimately cloud computing, of which much has been said.

That Internet with complete freedom of content, which worked relatively well during the early years, but with the new century gradually we go appearing abuses that freedom in Internet content and appear on Internet sites attacks on privacy and personal privacy, the grievances and insults propaladas through the network, the apology of crime, discrimination, incitement to hatred and violence, the commission of crimes, some own the new system and other common crimes but are begin to make no longer in the field of real life, but in the field of virtual life Internet.

On the other hand the rapid advance of the system is enveloping us, and despite the wonder of the approach of knowledge that gives us, we will gradually turning into pieces of a great machine.

Security is becoming a concern. Information theft, hacking sites, and even the danger of cyber attacks. All these are challenges that we must face and overcome if we build a more robust and reliable for all members who make up the so-called "Information Society" cybernetic future.


Like any technology, the Internet is a cultural creation: it reflects the principles and values ​​of its inventors, who were also its first users and experimenters. Moreover, being an interactive communication technology with strong ability feedback, Internet applications are reflected in its development as a network and the type of technology applications emerging. Libertarians values ​​of those who created and developed the Internet, namely, computer academic researchers, hackers, countercultural community networks and entrepreneurs in the new economy, determined an open architecture and are difficult to control. At the same time, when the company realized the extraordinary ability that the Internet represents, the values ​​embodied in the network spread in the whole of social life, particularly among younger generations. Internet and freedom became synonymous for many people around the world.

Faced with such technological and cultural transformation, those in power to control information throughout history, ie, states and churches, reacted with concern and, in non-democratic states, hostile, trying to restore administrative control of expression and communication. But the implementation of the statist project on Internet is considerable obstacles. In democratic countries, the Internet has established itself as an essential tool of expression, information and horizontal communication between citizens and receives the constitutional and judicial protection of freedoms. In all countries, except in theocracies, economic and technological importance of the Internet precludes can ignore or relegate its widespread use in society. Moreover, the ideology of progress through technology makes Internet promoting a legitimizing value to governments base their strategy on economic development within the framework of globalization. Hence the complicated political Bobbin lace between freedom and control by the State.

Meanwhile, Internet users often claim their individual rights out of context, positioning itself as technologically vanguard released a computer-illiterate society. Moreover, entrepreneurs reach entrepreneurs through accelerated commercialization of the Internet, a process that often betray their libertarian principles, for example, by sacrificing the privacy of its customers and technical and informational collaboration with control devices and Administration oversight.

Citizens, in general, tend to make an instrumental use and little ideological Internet: use it for what serves you and consider Internet freedom as a fundamental issue when long ago have become accustomed to political and commercial control of its main source of information: television. But this attitude may change as society goes settled in the first generation growing up with the Internet. As Internet usage go generalizing information and knowledge about the critical social importance of control over the Internet, it may be that the battle for freedom in the network, including economic freedom of access to the network, overflowing the confines of the current enlightened elite.


Human rights are inherent attributes of all people by their very condition of being human, its origins date back to the emergence of humanity itself, and therefore exist beyond the legal recognition of States. Inspired values ​​of dignity, justice, equality and freedom, involve obligations of States for all people.

The concept of human rights include rights of various kinds, including civil, political, economic, social and cultural are located. They all enjoy the same status and importance. The Universal Declaration of Human Rights does not establish hierarchies of rights and considered as an integral part of the concept of human rights to economic, social and cultural rights.

Civil and political rights form the so-called "first generation of human rights", and economic, social and cultural make up the so-called "second generation". Within the first category are located rights to life, integrity, liberty, nationality, name, honor, property, to a fair trial and to equality, among others; however, within the "second generation" are the rights to food, health, education, culture, work, social security, to strike, to free union association and housing dignified, for example.

The evolution of the law of human rights can speak today of rights of third and even fourth generation, among which are the right to development, a healthy environment, peace and respect for the common heritage of mankind.

The classification in generations is simply a division for educational purposes and does not mean that duties happened to others or that some are more important than others because they all have equal rights hierarchy.

The International Covenant on Economic, Social and Cultural Rights, adopted by the United Nations General Assembly in 1966 and in force since 1976, is the international instrument to enshrine these rights and also provides for the establishment of the Committee on Economic, Social and Cultural , the body responsible for monitoring and control of the obligations assumed by States when ratifying pledged to guarantee the exercise of these rights without discrimination of any kind.

Beyond international monitoring of compliance with each government, public policy and national budgets should be made with the International Covenant on Economic, Social and Cultural Rights as a parameter.

For effective enforcement of all rights must be different mechanisms of promotion, prevention and protection within each country by states to ensure the effective enjoyment of human rights for persons subject to their jurisdiction.


There should be policies and programs needed to enable the effective enjoyment of such rights; the mere existence of relevant legislation is not enough. .The Ecosoc has recently voted by almost unanimous ruling that the internet is considered a human right; efficient and effective connectivity and the right to navigate freely and with proper broadband has been treated in different countries, as in France, where it is almost a constitutional guarantee, and the US, soon to be considered in the same way. The obligations of the countries signing the covenant of Economic, social and cultural rights must be respected and enforced. The exchange of information between states is fundamental to understanding more effectively common challenges and improve strategies, seeking solutions to conflicts through international cooperation. In this way it must be made public scrutiny of public policies among the states that have signed covenant, and consider the human rights activist no way, but as strategies for these policies. Thus the progress of each country is assessed. As an example in Mercosur, Brazil has signed all treaties ddhh; Argentina incorporates in Art. 75, paragraph 22, of the Constitution, with constitutional status, over laws, while not undermined. In Colombia a group of an indigenous community (so-called indigenous peoples), claimed their rights of ethnic partencia and respect for them through the internet.

Internet Society welcomes the adoption of the Resolution on Human Rights and the Internet in the 20 Human Rights Council on 9 July this year, in Geneva, Switzerland, establishing the promotion, protection and enjoyment of human rights on the Internet. Internet Society welcomes the resolution of the United Nations, from the Human Rights Council. In the resolution states that the same rights that people have offline must also be protected online, and recognizes the global Internet and open as a driving force for development. It also calls upon all States to promote and facilitate access to the Internet. The resolution was introduced by Sweden and adopted by consensus. The Human Rights Council has an important role to play to ensure that its Member States allow their citizens to exercise their most basic rights, including freedom of expression or peaceful association online. In recent years, the time has been building in the Council for the inclusion of Internet as a legitimate space to account for the exercise of various human rights. The report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has made it clear that denying access to the Internet can be a violation of a fundamental human right.

Internet Society devoted to the drafting sessions that lead to the adoption of this new resolution, and suggested the inclusion of the concept of the open Internet. "The inclusion of open and global nature of the Internet in this official of UN resolution is a recognition of some of the main attributes that make successful Internet," said Lynn St. Amour, President and CEO of the Society Internet. "We firmly believe that the open Internet model is organically linked to the exercise of human rights online. Thanks to its fundamental characteristics, the Internet has given great impetus to freedom of expression and peaceful assembly worldwide. These characteristics must be preserved ".

I think knowing the contents of our Constitution and accessing it virtually (via internet and digital format), you can reach the interest and knowledge of most members of our citizenship, and act as multipliers respect for legal norms ; to better understand the rights and obligations of the members of a democratic society information. Internet should be available to all citizens, can the same enjoy the content equally and not restrictive, guaranteeing freedom of expression on the web and the right to information, with effective training to citizenship (and obviously state) agents, and safeguarding the right to privacy and intellectual property.

I think in this way could enjoy the free will in the era of interconnectedness, respecting the basic pillars of the definition of freedom, Inmauel Kant, which involves limits: freedom is the ability of rational beings to determine to act according to laws other than natural, that is, according to laws that are given by its own reason; freedom is equivalent to autonomy.


Final conference of the XV Congress of FIADI. Dr. Horacio Fernandez Delpech.


www.legislarbien.com.ar ">Interview with Prof. Antonio A. Martino on the site www.legislarbien.com.ar

19/07/2006. Electronic Government and Digital Democracy.

Castells, Manuel "Internet, freedom and society: an analytical perspective.


Salvioli, Fabian: On Line Course on the System Protection of Human Rights in the United Nations Organization; www.iidh.ed.cr/CursosIIDH ">Ed. American Institute of Human Rights, San José de Costa Rica, 2003 www.iidh.ed.cr/CursosIIDH

Internet Society.

ORIGINAL WORK: http://oiprodat.com/2013/02/24/la-internet-como-derecho-humano/

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