On the Issue of «New» Human Rights in the Context of Digital Constitutionalism

Abstract

This study presents a comprehensive analysis of the contemporary human rights system, shaped by breakthrough technologies, within the framework of digital constitutionalism.The evolution of public administration is increasingly driven by transformative factors, most notably end-to-end digital technologies. These advancements have given rise to the concepts of the digital state and digital constitutionalism, fundamentally reshaping the nature and dynamics of interactions among the key participants in legal relations: the state, society, and the individual. As digital technologies redefi ne the human rights landscape, they have not only led to the emergence of digital human rights but also prompted the development of a range of related rights. Among these, neuro-rights occupy a particularly signifi cant place. They are designed to safeguard the integrity and inviolability of the human person in the context of technological interaction, addressing emerging risks associated with cognitive and neural data.The findings of this research underscore the critical need for further theoretical exploration of the digital human rights system — especially its intrinsic connection with neuro-rights. Such understanding is essential not only to regulate interactions within the cyber environment but also to protect the unique human personality from unlawful or invasive “modifi cations” that could compromise personal autonomy and dignity.Finally, the study substantiates the necessity of integrating the concept of digital constitutionalism and the system of digital and related rights into the legal positions of the supreme judicial body of constitutional control. The expediency of understanding the concept of digital constitutionalism and the system of digital and related rights in the legal positions of the supreme judicial body of constitutional control is substantiated in order to identify the constitutional and legal meaning of these categories and ensure their proper implementation and protection.