Author
Ms ZhangShuangshuang
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Human Rights
Title
Entanglement, Not Mirror: The Generative Logic and Institutional Boundaries of Digital Human Rights
Abstract
The concept of Digital Human Rights has emerged in recent years as a distinctive theoretical innovation in China. Rooted in the Marxist view of human rights and enriched by traditional philosophies such as minben (people-oriented governance), harmony, and tianxia weigong (the world belongs to all), it establishes a new paradigm for human rights protection in the digital age. This theory interprets “digital humanity” as an extension of social attributes through digital properties and explores institutional mechanisms that integrate technological governance with rights protection. In contrast to Western models that emphasize individualism and a critical, decentralized rights framework, the Chinese approach highlights a holistic governance philosophy. Theoretically, it stresses the dialectical unity between active state engagement and individual autonomy; in practice, it pursues a dynamic balance between technological empowerment and ethical regulation; normatively, it seeks institutional integration through innovative rights frameworks and systemic coherence. Together, these features embody a constructive perspective on human rights development and institutional design. This theory not only enriches the contemporary discourse on human rights but also contributes to global digital governance through the practice of “digital rule of law,” offering a Chinese approach that is both universal and contextually grounded. Its embedded idea of a “community of digital civilization” provides a moral compass for bridging the digital divide and promoting digital justice. The development of digital human rights remains in progress. This study proposes that the relationship between digital and traditional human rights is one of entanglement rather than mirroring—maintaining intrinsic connections while transcending mere extensions of traditional rights. Digital human rights constitute independent legal interests generated by digital technology, embodying the dialectical unity of universality and particularity as well as the Aufhebung (sublation) of contradictions. They exhibit three defining features: network dependency, non-traditional inclusiveness of rights, and cross-dimensional regulatory demands. The degree to which they can be constitutionalized may be evaluated based on four substantive criteria: irreplaceability, systemic externalities, differentiated impact, and programmability.
Biography
Zhang Shuangshuang is a postgraduate student in International Law at East China University of Political Science and Law.Her research focuses on International Investment Law, climate change, and ESG legal frameworks.
