Author
Ms Huang Yixin
Organisation/Institution
Xi'an Jiaotong University
Country
CHINA
Panel
Human Rights
Title
Protection of Digital Rights for the Elderly: A Social Systems Theory Perspective
Abstract
In the construction process of the digital society, the digital rights of the elderly group are confronted with the challenge of insufficient protection. Current research mainly centers on the concept of digital human rights, including the necessity of digital human rights, their human rights nature, and the potential to be classified as the fourth generation of human rights. Regardless of how digital rights are categorized, the digital rights of the elderly group actually exist in the form of a “right bundle”. Luman's social systems theory has established a connection between law and social sciences. The digital rights of the elderly group are not merely confined to legal definitions and legal frameworks. Instead, they also encompass social aspects such as political judgment and moral guidance. Therefore, the introduction of Luman's social systems theory can help alleviate the disputes regarding digital human rights. Moreover, the social systems theory has an inherent advantage in guiding the protection of the digital rights of the elderly group. Based on this, it is essential to take human rights protection as the foundation. On the premise of maintaining the internal coherence of the legal system, relevant laws and regulations should be improved, and the distribution pattern of rights and obligations should be reconfigured. Judicial preferential protection should be provided under the guidance of the principle of proportionality. Additionally, the positive guiding roles of judicial guidance and public opinion should be fully exploited to strive for the realization of digital justice.
Biography
Human Rihgts
