Jokakodin laajakaista – pääsy internetiin perusoikeutena

Tutkimustuotos: ArtikkelijulkaisuArtikkeliTieteellinenvertaisarvioitu

Kuvaus

After internet has become an inseparable part of daily human life, using health care, banking and public services and participating in civic activity, also the legal dispute resolution has adopted the internet as a method of augmenting conflict management and access to justice through electronic applications. Finally, this adoption of technology into dispute resolution ends up in forming the concept of eJustice. This development brings forward the question, which role does access to internet play from the human rights viewpoint. This article claims that access to internet has an important role in safeguarding human rights and this connection to human rights is multi-faceted which follows from the unique nature of internet communication when compared with traditional mass media. This uniqueness entails that analogous interpretation of several internet-connected legal disputes is rendered impossible. Because of this nature, the human rights connections of access to internet can be evaluated through several human rights, e.g. through the principle of fair trial which in relation to eJustice forms a prerequisite for due process. While freedom of opinion offers a natural starting point for the evaluation, also the principle of legality in criminal proceedings, educational rights and right to social security along with the right to a fair trial have bearing while evaluation the human rights connections. While contemplating on the content of access to internet it is important to notice that the quality and usability of the internet connection are also an issue. This and many other practical points have been neglected by internet law jurisprudence. eJustice involves a change of paradigm of procedural law which causes the need for re-evaluation of the leading principles of procedural law, i.e. orality, immediacy and principle of concentration of proceedings.
Alkuperäiskielisuomi
LehtiLakimies
Vuosikerta110
Numero2
Sivut280-302
Sivumäärä23
ISSN0023-7353
TilaJulkaistu - 10 huhtikuuta 2012
OKM-julkaisutyyppiA1 Alkuperäisartikkeli tieteellisessä aikakauslehdessä, vertaisarvioitu

Tieteenalat

  • 513 Oikeustiede
  • prosessioikeus
  • eJustice
  • sähköistyminen
  • pääsy internetiin

Lainaa tätä

Koulu, Riikka. / Jokakodin laajakaista – pääsy internetiin perusoikeutena. Julkaisussa: Lakimies. 2012 ; Vuosikerta 110, Nro 2. Sivut 280-302.
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Jokakodin laajakaista – pääsy internetiin perusoikeutena. / Koulu, Riikka.

julkaisussa: Lakimies, Vuosikerta 110, Nro 2, 10.04.2012, s. 280-302.

Tutkimustuotos: ArtikkelijulkaisuArtikkeliTieteellinenvertaisarvioitu

TY - JOUR

T1 - Jokakodin laajakaista – pääsy internetiin perusoikeutena

AU - Koulu, Riikka

PY - 2012/4/10

Y1 - 2012/4/10

N2 - After internet has become an inseparable part of daily human life, using health care, banking and public services and participating in civic activity, also the legal dispute resolution has adopted the internet as a method of augmenting conflict management and access to justice through electronic applications. Finally, this adoption of technology into dispute resolution ends up in forming the concept of eJustice. This development brings forward the question, which role does access to internet play from the human rights viewpoint. This article claims that access to internet has an important role in safeguarding human rights and this connection to human rights is multi-faceted which follows from the unique nature of internet communication when compared with traditional mass media. This uniqueness entails that analogous interpretation of several internet-connected legal disputes is rendered impossible. Because of this nature, the human rights connections of access to internet can be evaluated through several human rights, e.g. through the principle of fair trial which in relation to eJustice forms a prerequisite for due process. While freedom of opinion offers a natural starting point for the evaluation, also the principle of legality in criminal proceedings, educational rights and right to social security along with the right to a fair trial have bearing while evaluation the human rights connections. While contemplating on the content of access to internet it is important to notice that the quality and usability of the internet connection are also an issue. This and many other practical points have been neglected by internet law jurisprudence. eJustice involves a change of paradigm of procedural law which causes the need for re-evaluation of the leading principles of procedural law, i.e. orality, immediacy and principle of concentration of proceedings.

AB - After internet has become an inseparable part of daily human life, using health care, banking and public services and participating in civic activity, also the legal dispute resolution has adopted the internet as a method of augmenting conflict management and access to justice through electronic applications. Finally, this adoption of technology into dispute resolution ends up in forming the concept of eJustice. This development brings forward the question, which role does access to internet play from the human rights viewpoint. This article claims that access to internet has an important role in safeguarding human rights and this connection to human rights is multi-faceted which follows from the unique nature of internet communication when compared with traditional mass media. This uniqueness entails that analogous interpretation of several internet-connected legal disputes is rendered impossible. Because of this nature, the human rights connections of access to internet can be evaluated through several human rights, e.g. through the principle of fair trial which in relation to eJustice forms a prerequisite for due process. While freedom of opinion offers a natural starting point for the evaluation, also the principle of legality in criminal proceedings, educational rights and right to social security along with the right to a fair trial have bearing while evaluation the human rights connections. While contemplating on the content of access to internet it is important to notice that the quality and usability of the internet connection are also an issue. This and many other practical points have been neglected by internet law jurisprudence. eJustice involves a change of paradigm of procedural law which causes the need for re-evaluation of the leading principles of procedural law, i.e. orality, immediacy and principle of concentration of proceedings.

KW - 513 Oikeustiede

KW - prosessioikeus

KW - eJustice

KW - sähköistyminen

KW - pääsy internetiin

M3 - Artikkeli

VL - 110

SP - 280

EP - 302

JO - Lakimies

JF - Lakimies

SN - 0023-7353

IS - 2

ER -