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Shevchuk, O. .
    Human right to virtual reality in the healthcare: Legal issues and enforcement problems [Текст] / O. Shevchuk, O. Bululukov, O. Lysodyed, V. Mamonova, Y. Matat // Juridical Tribune. - 2021. - Vol. 11, Spec. Iss. - P. 302-315
   Перевод заглавия: Право людини на віртуальну реальність в системі охорони здоров'я: юридичні питання та проблеми забезпечення

УДК

342.7:004

РУБ DOI: 10.24818/TBJ/2021/11/SP/03

Аннотация: A key feature of modern legal relations in the healthcare sector is the widespread use of digital technologies. This study describes certain aspects of the legal regulation of the human right to virtual reality in the healthcare sector and the problems of law enforcement. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions of the use of virtual reality in health care in the context of human rights. It is emphasized that the introduction of smart technologies, virtual reality in the healthcare sector is the main modern trend in the development of healthcare in order to improve the provision of healthcare services. The human right to use virtual reality in healthcare is to ensure the actions of virtual reality users within the framework of virtual information relations in the healthcare sector, which are governed by the relevant legal norms. The human right to use virtual reality in healthcare is a fourth generation of human rights. These rights include all rights that have arisen as a result of scientific progress, the development of morality, namely "somatic rights", as well as information rights. The use of virtual reality in the healthcare sector is possible in the following areas, namely: (1) medical training, (2) surgical modeling, (3) rehabilitation, (4) psychotherapy and psychology, (5) ophthalmology, (6) telemedicine, etc. It is stated that user safety, privacy, freedom of expression, ethics and copyright protection in the use of virtual reality in healthcare require legislative regulation, taking into account the European experience. The virtual space in the healthcare sector provides opportunities for the realization of human rights and freedoms regarding the preservation of their health, but can be used to carry out actions that contradict the norms of law and have illegal behavior. The latter requires an improvement in the regulatory framework when using the virtual space of the healthcare sector to protect the interests of the individual, society and the state using international standards.

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Razmetaeva, Y. .
    The concept of human rights in the digital era: changes and consequences for judicial practice [Electronic resource] / Y. Razmetaeva, Yu. Barabash, D. Lukianov // Access to Justice in Eastern Europe. - 2022. - Vol. 5, Iss. 3. - P. 41-56. - References : p. 55-56
   Перевод заглавия: Концепція прав людини в цифрову еру: зміни та наслідки для судової практики

УДК

342.7:004

РУБ DOI: 10.33327/AJEE-18-5.3-a000327

Аннотация: Background: The digital age has led to conceptual changes in human rights and their content, understanding, implementation, and protection. Discussions about expanding the range of both addressees and subjects of human rights are a consequence and, at the same time, a breeding ground for change. New challenges for rights related to technological development, the increasing influence of companies and organisations, the growing use of solutions based on artificial intelligence, and the habit of relying on such solutions have led to the need for a substantial revision of such aspects as the content of individual rights and their catalogue, the definition of the fourth generation of rights as bio-information, and the clarification of the concept of digital rights. Digitalisation, which in a broad sense represents the legal, political, economic, cultural, social, and political changes caused by the use of digital tools and technologies, covers the private and public spheres, revives our understanding of and research into human rights in a horizontal dimension, and influences the revision of their anthropological foundations. Methods: The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception, as well as to apply in-depth study and interpretation of legal texts. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was used to highlight the bio-information generation of human rights as the fourth generation of rights, as well as some scientific predictions in the field of human rights. Results and Conclusions: The article argues that it is necessary to change our approach to human rights in the digital era, to widen the circle of addressees of human rights obligations to include companies and organisations, and to be ready potentially recognise artificial intelligence as a subject in public relations and fundamental rights. The term ‘spectrum of algorithm-based digital technologies’ is proposed, which can more accurately describe those phenomena that are covered by the synonymous terms ‘artificial intelligence’ and ‘algorithm’. The article proposes to consider digital rights in three dimensions, as well as to take into account the subtle structural consequences of changing the concept of human rights in the digital era for judicial practice.

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