Human Rights In The Age Of Innovation - Ethical Governance Of Scientific Advancement

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T20:15:13.369067+00:00

Updated: 2026-08-26T17:11:17.498+00:00

HUMAN RIGHTS IN THE AGE OF INNOVATION: ETHICAL

GOVERNANCE OF SCIENTIFIC ADVANCEMENT

Ms. Shweta, Research Scholar, Department of Laws, Panjab University, Chandigarh

ABSTRACT

Human rights and scientific progress are inextricably linked. Despite decades of recognition in international law, the human right to enjoy the benefits of scientific progress and its applications has received very little attention from the international community. In the early days of the United Nations (UN), concerns about dangers to human rights from breakthroughs in science and technology were voiced, alongside the acknowledgement of the human right of everyone "to enjoy the benefits of scientific progress and its applications. " Potential dangers to human rights from scientific progress have materialised in many forms, including invasion of privacy due to electronic recording, loss of health and means of subsistence due to climate change, and suppression of individual autonomy as a result of scientific breakthroughs in genetics and neuroscience.

The study begins with a discussion of the pertinent international human rights instruments, such as laws, rules, declarations, and conventions, and a careful analysis of each. The study explores how policy might keep up with rapidly developing research by presenting human rights approaches to offer understanding on the ethical implications of new technology. At the end of this statement, the author calls for a more active role for scientists and engineers, in collaboration with human rights experts, in translating normative pronouncements into defining policy and planning measures. Keywords: Human Rights, Surveillance, Artificial Intelligence, Technology

“It has become appallingly obvious that our technology has exceeded our humanity.” -Albert Einstein

INTRODUCTION

1. 1 Definition of human rights Human Rights- Two simple words but when put together they constitute the very foundation of our existence. Human Rights are commonly understood as “inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being”. Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. 1 Of course, all legal rights are human rights, but it is unfortunate that all human rights have not become legal rights as on date.

This is because the law follows the action, consequently, it is not possible to codify all probable laws in anticipation for protection of human rights, and this is when the due procedure of law or the principle of natural justice plays an active role in protecting the rights of the people when there is no legislation available. The following tables throws light on examples of human rights codified under International and National laws: Table 1 Civil and Political Rights in the Universal Declaration of Human Rights and in the Constitution of India

2. Prohibition of discrimination

Article 7 Article 15(1)

3. Equality of opportunity

Article 21(2) Article 16(1)

4. Freedom

of speech and expression Article 19 Article 19(1)(a)

5. Freedom of peaceful assembly

Article 20(1) Article 19(1)(b)

6. Right to form associations or

unions Article 23(4) Article 19(1)(c)

7. Freedom of movement within the

border Article 13(1) Article 19(1)(d)

8. Protection

in respect of conviction for offences Article 11(2) Article 20(1)

9. Protection of life and personal

liberty Article 3 Article 21

14. Right to social security

Article 22 Article 29(1) Table 2 Economic, Social and Cultural Rights in the Universal Declaration of Human Rights and in the Constitution of India Sl. No. Name of right Universal Declaration of Human Rights Constitution of India

1. Right

to work, to just and favourable conditions of work Article 23(1) Article 41

2. Right to equal pay for equal work

Article 23(2) Article 39(d)

3. Right to education

Article 26(1) Article 21A, 41, 45, 51A(k)

4. Right to just and favourable

remuneration Article 23(3) Article 43

1. 2 Relation between Human Rights and Scientific and Technological Developments Technology is so fundamental that it touches every aspect of every industry. It is interwoven throughout the modern human rights journey. 4 Across the globe, for example, millions of migrants use online tools to stay in touch with their relatives and send money home. Science and technology can also be used to human rights concerns through the employment of tools like satellite images, geo-spatial analysis, and geo-positioning systems. A combination like this could be used to detect and trace violations of human rights. 5 For instance, Amnesty International launched the "Science for Human Rights Project" to use geo-spatial technologies to gain access to war zones and collect visual evidence.

6 Amnesty International's latest "Eyes on Syria" report on the situation in Syria demonstrates the scope of these technologies, which can detect torture, property destruction, and arbitrary killings with pinpoint accuracy. 7 It is pertinent to note that conventions and declarations are the two general types of international human rights instruments wherein relationship between human rights and scientific and technological developments have been identified. The former, which has been endorsed by institutions like the United Nations General Assembly, does not actually have binding authority but is trying to establish a normative foundation as soft law. 8 The latter refers to a collection of legally binding measures under international law. As part of discussion, it would be relevant to go through these instruments specifically.

The freedom to conduct scientific research and to disclose its conclusions without the Universal Declaration of Human Rights (UDHR) interfering has been advocated by scientists. 9 The UDHR, in Article 27, recognizes the right to “share in scientific advancement and its benefits. ” This right was carried over and expanded upon in the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR) wherein its Article 15 states, in part, that governments have the responsibility to recognize the rights of everyone to “enjoy the benefits of scientific progress

4 DAVID P. FORSYTHE, HUMAN RIGHTS IN INTERNATIONAL RELATIONS 72 (4th ed. 2017).

5 M. Gould et al., Next-generation digital earth: A position paper from the vespucci initiative for the advancement of geographic information science, 3 INT’L J. SPATIAL DATA INFRASTRUCTURES RES. 146, 154 (2008). 6 D. Cingranelli & D. Richards, The Cingranelli and Richards (CIRI) human rights data project, 32 HUM. RTS. Q. 401-24 (2010).

7 MOLLY K. LAND & JAY D. ARONSON, NEW TECHNOLOGIES FOR HUMAN RIGHTS LAW AND

PRACTICE 185 (Cambridge University Press, 2018).

8 PM Dupuy, Soft law and the international law of the environment, 12 MICH. J. INT’L L. 420 (1990),

https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1648&context=mjil.

9 UDHR art. 27(1).

and its applications. ”10 Besides the UDHR, there are two other important international human rights documents that make sure science and technology move forward, are used safely, and are put to good use which are UNESCO Recommendation on the Status of Scientific Researchers, 1994 and the UNESCO Declaration on the Use of Scientific Knowledge, 1999. Apart from the above, International Covenant on Civil and Political Rights (ICCPR) 11 protects the right to life (Article 6), the right to physical and spiritual integrity (Article 7), the right to privacy (Article 17), and the right to information (Article 19). Article 7 stipulates: “No one shall be subjected without his free consent to medical or scientific experimentation. ” Article 19 gives more information about the different ways to get and send information.

It means that freedom of speech should be changed to fit the needs of new information technologies. As a part of everyone's right to freedom of expression, this article lists the freedom to seek, receive, and share information and ideas in any form and across any borders, whether orally, in writing or print, through art, or through any other medium of choice. The Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter Genocide Convention), adopted by the UN General Assembly on December 9, 1948, protects, in Article 11(d), the right to life against the abuse of science and technology.

12 The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (December 9, 1975), the Code of Conduct for Law Enforcement Officials (December 17, 1979), as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (December 10, 1984) protect the right of physical and spiritual integrity by providing specific provisions against torture. 13 Article 15 of International Covenants on Economic, Social, and Cultural Rights (ICESC)14 assures that individual has the right to enjoy the benefits of scientific progress and 10 J. M. Wyndham and Theresa Harris, Introduction: Science, Technology and Human Rights: Lessons Learned from the Right to Water and Sanitation,

SCE

827-831 (2014), https://link.springer.com/article/10.1007/s11948-014-9515-2. 11 International Covenant on Civil and Political Rights, adopted on Dec. 19, 1966; entered into force on Mar. 23, 1976, http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

12 https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%

20 Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf.

13 A. CLAPHAM, HUMAN RIGHTS: A VERY SHORT INTRODUCTION 5 (Oxford, 2015),

https://ocd.lcwu.edu.pk/cfiles/Political%20Science/EC/Pol.Sc-204/HumanRights-AVeryShortIntroductionby Andrew Claphamz-lib.org.pdf. 14 International Covenant on Economic, Social and Cultural Rights, adopted on Dec. 16, 1966; entered into force on Jan. 3, 1976, http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx.

its applications. 15 The Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind, adopted by the UN General Assembly on November 10, 1975, takes into consideration: “While scientific and technological developments provide ever-increasing opportunities to better the conditions of life of peoples and nations, in a number of instances they can give rise to social problems. This include threaten to human rights and fundamental freedom of individual. ”16 It is worthwhile to mention here that scientific advancements and their technological applications provide promising new avenues for enhancing human well-being on all frontseconomic, social, cultural, and monetary - they may prove to be a game-changer in the realisation of human rights for all people everywhere.

However, it is to be borne in mind that these discoveries and technical breakthroughs may pose certain risks to individual or collective rights, as well as human dignity, and that, in any case, their use poses complicated ethical and legal issues concerning human rights. Everyone has the right to know how the items will impact them once they are in use (for example, a professional painter should be aware of the repercussions of inhaling lead; a software developer should be aware of the consequences of staring at a computer screen for long periods of time, etc. ). Human rights activists have recently focused their attention on concerns related to social media, digitalization, datafication, AI, internet access, surveillance capitalism, and the enormous power of tech giants.

The debate on “Human Rights and Scientific and Technological Developments” was first taken up at massive level when the international community gathered for the First International Conference on Human Rights in 1968 which was organized by the United Nations. 17 Technological advancements, particularly in the field of information and communication technology, can contribute to the realization of human rights, such as freedom of expression and access to information. However, it is crucial to ensure equitable access to these technologies to avoid creating or exacerbating digital divides and inequalities. Now, the question may arise on how the current technologies and their development can contribute to guarantee and protect human rights within the framework of Agenda 2030 for 15 B. Neimark & S. Vermeylen, A Human Right to Science?

: Precarious Labor and Basic Rights in Science and Bioprospecting, 107 AAAG 167-82 (2016). 16 A. Chapman, Towards an Understanding of the Right to Enjoy the Benefits of Scientific Progress and Its Applications, 8 J. HUM. RTS. 1-36 (2009).

17 Final Act of the International Conference on Human Rights, United Nations Publication (1968),

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N68/958/82/PDF/N6895882.pdf?OpenElement.

Sustainable Development.18 1.3 Issues (a) Respect for privacy in view of recording techniques; (b) Protection of the human personality and its physical and intellectual integrity in view of the progress in biology, medicine and biochemistry; (c) The uses of electronics which may affect the rights of the person and the limits which should be placed on its uses in a democratic society; (d) More generally, the balance which should be established between scientific and technological progress and the intellectual, spiritual, cultural and moral advancement of humanity.

EXPLORING THE IMPACT OF NEW SCIENTIFIC AND TECHNOLOGICAL

DEVELOPMENTS ON HUMAN RIGHTS

Now more than ever, advances in science and technology have far-reaching effects on people everywhere. 19 Science needs ethics- not only ethics of science, but ethics of why, for whom, and what influence it will have. The following rights appear to be especially impacted by scientific and technological advancement among those listed in the Universal Declaration of Human Rights: - The right to life (Article 3), in the sense that science (biology, medicine, etc. ) as well as technology (gene technology, nuclear technology, etc. ) can determine or influence birth and death. Problems posed by abortion, in vitro fertilization, embryo transplantation, euthanasia techniques, untested drugs, are examples. - The right to physical and spiritual integrity (Article 5 stipulates that no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment).

Use of drugs and other chemical controls of the mind, psychological and physical testing methods, and behaviour therapy are still often used in interrogation. - The right to privacy (Article 12 stipulates that no one shall be subjected to arbitrary 18 United Nations Sustainable Development Agenda, http://www. un. org/sustainabledevelopment/developmentagenda. 19 “The Right to Enjoy the Benefits of Scientific Progress and its Applications”. speech by Yvonne Donders (Netherlands), Deputy Director of the Amsterdam Center for International Law, on the Occasion of Human Rights Day, UNESCO Headquarters, Paris, https://unesdoc. unesco. org/ark:/48223/pf0000158691.

interference with his privacy, family, home, or correspondence, nor to attacks upon his honour and reputation). The developments in recording, surveillance devices, personality tests, and other communication techniques based on electronics, optics, and acoustics, as well as new reproduction techniques, have considerably changed the ways in which privacy could be protected. - The right to freedom of opinion and expression and the right to information (Article 19). Developments of micro-electronic communication technology have changed the conditions in which this right is exercised. - The right to property (Article 17): Developments of new forms of property, such as software, has given rise to new thinking about the right to property. - The right to work (Article 23): Developments of new technologies have changed market structures affecting the right to work.

- The right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing, and medical care and necessary social services (Article 25): Scientific and technological progress can engender new forms of discrimination in the exercise of this right. Lack of access to medical information can also affect adversely the right to health. - The right to education (Article 26): Developments in communication and information technology can promote this right but they can also create new forms of discrimination in education.

- The right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits (Article 27): Scientific and technological developments do not in themselves guarantee this right, but combined with the reinforcement of freedom of expression, the right to information and the right to education, this right can be promoted, thanks to a better communication technology. 2. 1 Human Rights and Privacy

2.1.1 The right to privacy and its significance in the digital age

The right to privacy is a fundamental human right recognized internationally and plays

a crucial role in the digital age. It protects individuals' autonomy, personal integrity, and freedom from unwarranted interference in their private lives. In the context of the digital era, where information flows freely and personal data is increasingly collected and processed, the right to privacy becomes even more significant. New technologies, such as surveillance systems, facial recognition, and data analytics, can impact the right to privacy. It is important to strike a balance between utilizing these technologies for legitimate purposes, such as public safety, while safeguarding individual privacy rights and preventing abuses. Here are some key aspects of the right to privacy and its relevance in the digital age: a) Personal Autonomy and Dignity: The right to privacy enables individuals to exercise control over their personal information, choices, and identities.

It respects their autonomy and dignity by allowing them to make decisions about how their data is collected, used, and shared. b) Privacy as a Prerequisite for Other Rights: Privacy acts as a foundational right that underpins the exercise of other human rights, such as freedom of expression, association, and assembly. Without privacy, individuals may feel inhibited in expressing their opinions, seeking information, or engaging in activities that challenge the status quo. c) Data Protection and Security: In the digital age, personal data has become a valuable asset and is collected and processed extensively by governments, corporations, and other entities. The right to privacy includes the protection of personal data, ensuring its security, confidentiality, and preventing unauthorized access, use, or disclosure.

d) Surveillance and State Power: The digital era has witnessed significant advancements in surveillance technologies, enabling governments and other entities to monitor individuals' activities, communications, and online behaviour. The right to privacy acts as a safeguard against excessive surveillance and protects individuals from arbitrary or intrusive interference by the state. e) Privacy in the Online Sphere: The internet and digital technologies have revolutionized the way we communicate, share information, and interact with others. However, these advancements also pose challenges to privacy, such as online tracking, data profiling, and the collection of personal information without consent. The right to privacy encompasses

protection in the online sphere, safeguarding individuals' online identities and activities. f) Personalization and Discrimination: The extensive collection and analysis of personal data can lead to targeted advertising, content filtering, and algorithmic decision-making. While personalization can enhance user experiences, it can also perpetuate discrimination and create information bubbles, limiting individuals' access to diverse perspectives and opportunities. g) Cross-Border Data Flows and Jurisdictional Issues: The global nature of the internet and digital services raises challenges regarding privacy protection. Transborder data flows and differing legal frameworks across jurisdictions can create conflicts and gaps in safeguarding privacy rights. Harmonization and cooperation among countries are crucial to address these challenges.

Recognizing and protecting the right to privacy in the digital age requires several measures: a) Robust Legal Frameworks: Governments should enact comprehensive and up-to-date legislation that protects privacy rights, addresses emerging challenges, and ensures effective enforcement mechanisms. b) Data Protection and Consent: Individuals should have control over their personal data, including the right to give informed consent for its collection, use, and disclosure. Organizations should adopt transparent data practices and obtain explicit consent when processing personal information. c) Encryption and Security: Strong encryption technologies and security measures should be employed to protect personal data from unauthorized access, breaches, and surveillance.

d) Oversight and Accountability: Independent oversight mechanisms should be established to monitor and regulate surveillance activities, ensuring compliance with privacy standards and preventing abuse of power. e) Education and Awareness: Promoting digital literacy and raising awareness about privacy rights and best practices are essential to empower individuals to protect their privacy and make informed choices.

f) International Cooperation: Collaboration among countries is crucial to address crossborder privacy challenges, harmonize legal frameworks, and establish international norms and standards for privacy protection. The right to privacy remains highly significant in the digital age. Upholding and protecting privacy rights is crucial to ensure individuals' autonomy, personal security, and the free exercise of other human rights in the face of rapid technological advancements and increasing data collection practices.

2.1.2 Challenges posed by surveillance technologies and data collection

Surveillance technologies and data collection present several challenges that can impact individual privacy, civil liberties, and human rights. Here are some of the key concerns:

1. Privacy Invasion: Widespread surveillance technologies, such as closed-circuit

television (CCTV) cameras, facial recognition systems, and data monitoring, can intrude upon individuals' privacy by constantly monitoring their actions, movements, and behaviours. This invasion of privacy can have a chilling effect on freedom of expression and personal autonomy.

2. Mass Surveillance and Government Abuse: Mass surveillance programs, particularly

when conducted by governments without proper oversight and accountability, can lead to abuses of power. Excessive surveillance can undermine democratic processes, suppress dissent, and erode trust in institutions, potentially leading to a society where individuals feel constantly monitored and self-censor their activities. It is especially effective for governments to spread disinformation and misinformation in environments with low levels of technological and social media literacy and the absence of a robust and independent media to suppress dissent, limit the space for civil society organisations, and in some cases incite violence. 20 In addition, states are deploying surveillance instruments to preserve and strengthen their hold on power. Amnesty International (2019) found evidence that governments are employing Pegasus 20 Sanja Kelly, et al.

, Freedom on the Net 2017: Manipulating Social Media to Undermine Democracy, Freedom House Washington

DC

(Jul. 08, 2023, 12:30

PM),

https://freedomhouse.org/report/freedomnet/2017/manipulating-social-media-undermine-democracy.

spyware, developed by the Israeli company NSO Group, to spy on and harass human rights campaigners in Morocco and abroad.21

3. Data Security and Breaches: Personal data protection has been formally identified as a

human right and such a move has been implemented by the Charter of Fundamental Rights of the European Union.22 The collection and storage of vast amounts of personal data raise concerns about data security. If not adequately protected, these databases can become targets for hackers and malicious actors, resulting in data breaches and the misuse of sensitive personal information. Such breaches can lead to identity theft, financial fraud, and other harmful consequences.

4. Discrimination and Profiling: Other tools used by regimes such as China to spy the

population include biometric data, the limitation on encryption and anonymity online, cameras in public places, and facial recognition.23 Surveillance technologies, including facial recognition and predictive analytics, can perpetuate discriminatory practices. Biased algorithms or human biases in the development and implementation of these technologies can disproportionately target marginalized communities, reinforcing existing inequalities and perpetuating systemic discrimination. High rates of erroneous identification by law enforcement utilising inadequately designed technology pose a serious threat to human rights, particularly when applied to minority communities that are already overpoliced.

5. Lack of Transparency and Consent: In many cases, individuals are not fully aware of

the extent of surveillance, or the data being collected about them. Lack of transparency regarding the purposes, scope, and duration of surveillance programs can undermine the principles of informed consent and individual control over personal data. 2.2 Human Rights and Artificial Intelligence Artificial intelligence systems, in theory, don't have to rely on culturally conditioned

21 Morocco: Human Rights Defenders Targeted with NSO Group’s Spyware, AMNESTY INTERNATIONAL

(Oct. 10, 2019), https://www.amnesty.org/en/latest/research/2019/10/morocco-human-rights-defenderstargeted-with-nso-groups-spyware/ 22 A. Menéndez, Chartering Europe: Legal Status and Policy Implications of the Charter of Fundamental Rights of the European Union, 40 J. COMMON MKT. STUD. 471-90 (2002). 23 Tamar Megiddo, Online activism, digital domination, and the rule of trolls: mapping and theorizing technological oppression by governments, 58 COLUMBIA J. TRANSNATL. LAW 394 (2020).

heuristics like humans do when face with knowledge shortages. Already, these kinds of systems are being used to aid law enforcement in pinpointing potential crime hotspots, controlling traffic, assessing the potential threat a suspect pose to the community while awaiting trial, monitoring student progress in the classroom (and the efficacy of teachers), detecting financial fraud, recommending loan and employment opportunities, vetting job applicants, and more. 24 Advances in fields like biotechnology, artificial intelligence, and robotics raise ethical dilemmas and human rights concerns. For example, the use of AI in decision-making processes, such as employment or criminal justice, may result in bias and discrimination.

AI sceptics and academics have shown that these apparently impartial or objective AI systems actually translate specific ways of thinking into code or duplicate the biases inherent in the data they are trained on. As mathematician Cathy O’ Neil has argued: “Algorithms are opinions embedded in code. It’s different from what you think most people think of algorithms. They think algorithms are objective and true and scientific. That’s a marketing trick. It’s also a marketing trick to intimidate you with algorithms, to make you trust and fear algorithms because you trust and fear mathematics. A lot can go wrong when we put blind faith in big data. ”25 Balancing innovation with ethical frameworks is crucial to safeguard human rights.

Disinformation may increasingly take the shape of fabricated audio or video produced by artificial intelligence (AI) systems using archival video to create wholly original content with no basis in truth. AI is used by online aggregators like search engines and social media platforms to make editorial decisions about what users see, such as which adverts, items, or posts to display. The inability to see the rationale behind material removal or prioritisation can be irritating, inconvenient, or even unethical in some situations. In other contexts, it might violate people's right to free speech, privacy, and assembly. When AI is used to regulate expression and

24 Molly K. Land & Jay D. Aronson, Human Rights and Technology: New Challenges for Justice and

Accountability, 16 ANNU. REV. LAW SOC. SCI. 229 (2020), https://www.annualreviews.org/doi/ pdf/10.1146/annurev-lawsocsci-060220-081955.

25 Cathy O’Neil, The era of blind faith in big data must end, TED 2017, https://www.

ted.com/talks/cathy_o_neil_the_era_of _blind_faith_in_big_data_must_end.

communication, it runs the risk of censoring expressions of legitimate public interest, whether on purpose or by accident. It is also a matter of concern that AI and automation systems is being used to limit labour rights and thus affecting right to life. Much of the talk about the AI revolution is just propaganda designed to make employees fearful of speaking out for their rights for fear of being replaced by robots. The majority of "AI" jobs are actually carried out by low-wage workers who are fed these duties by computer programmes. This phenomenon has been termed as fauxtomation. 26 Recently in his address at the 60th convocation ceremony of the prestigious Indian Institute of Technology-Madras, Hon’ble Chief Justice of India highlighted the potential of even slight change in technology on the life of individuals and society as a whole.

He asserted that numerous AI systems have demonstrated a tendency to engage in biased decision-making, which stems from the data inputs that reflect societal prejudices. Specifically, he highlighted the case of AI recruitment tools utilised by companies, which exhibited a preference for male candidates over female candidates. This preference arose due to the fact that the tools were trained on profiles of successful employees, who, for reasons influenced by gender, were predominantly male. He further raised concern that electronic communications, whilst embodying the principles of communication and collaboration, also provide the potential for extensive surveillance of individuals' very personal and intimate information and thoughts. 27 He further added “social media has allowed us to connect with people, removing barriers of age and nationality.

But this new communication tool has led to new behaviour like online abuse and trolling. Likewise, AI contains the potential for misuse, mislead, threaten, or even bully individuals. Curbing its misuse for harmful purposes will be among the key challenges”. 28 More Recently, Delhi High Court observed that with advancements in technology and the advent of Artificial Intelligence (AI), the possibility of impersonation cannot be ruled out 26 Astra Taylor, The Automation Charade, LOGIC MAGAZINE (2018), https://logicmag. io/failure/theautomation-charade/ 27 ETB Sivapriyan, Technology shouldn’t create fear in the minds of users: CJI D Y Chandrachud, DECCAN HERALD (July 22, 2023, 02:48 PM), https://www. deccanherald. com/national/technology-shouldn-t-createfear-in-the-minds-of-users-cji-d-y-chandrachud-1239565. html.

28 PTI, CJI cautions against misusing tech, social media, and AI for harmful purposes; says human values and justice matter, INDIAN EXPRESS (July 22, 2023, 05:59 PM), https://indianexpress. com/article/india/cjicautions-against-misusing-tech-social-media-and-ai-8854615/

when one appears on video-conferencing before various authorities. 29 2. 3 Human Rights and Healthcare developments Concern has been voiced at recent international conferences about the rapid pace of scientific advancement in genetics, robotics, neurology, and reproductive health technologies. Artificial inoculation, in vitro fertilisation, parthenogenesis, sex selection in progeny, cloning, and DNA modification are all examples of modern technological advancements that could have negative consequences for human rights. 30 The tremendous upheaval brought about by genetic advancement has propelled humanity into "bio-society," or as detractors call it, "biotechnocracy. " Scientific and technological developments have a significant impact on healthcare. Access to new medical treatments, advancements in genetic research, and telemedicine can improve healthcare outcomes.

However, it is vital to ensure equitable access to these advancements and address any potential risks related to privacy, data security, and the commodification of healthcare. The United Nations Educational, Scientific, and Cultural Organisation (UNESCO)'s Universal Draught Declaration on Bioethics and Human Rights (UDDBHR)31 is a commendable attempt to address ethical challenges related to life sciences research and use.

2.3.1 Stem Cell Research and Human Rights Issues

In the contemporary period, commonly referred to as the "Biotechnological Revolution," researchers assert that advancements in Microbiology, Cell Therapy, Genetics, and Gene Therapy have significantly contributed to the progression towards the era of "Biological Control." Stem Cell Research has emerged as a field with significant potential to yield substantial advantages for humanity. Degenerative diseases like Alzheimer's, Cancer, and Parkinson's can be managed, and organs damaged by a variety of injuries can be repaired, thanks to advancements in stem cell32 research. One of the primary ethical concerns 29 Prashant Jha, Artificial Intelligence and Indian Judiciary, BAR AND BENCH (July 31, 2023, 03:59 PM), https://www.barandbench.com/news/litigation/possibility-impersonation-ai-virtual-hearings-cannot-ruledout -delhi-high-court.

30 S. Marks, Human Rights and the Challenges of Science and Technology, 20 SCI. & ENGINEERING ETHICS

869-75 (2014). 31 https://www.unesco.org/en/legal-affairs/universal-declaration-bioethics-and-human-rights?hub=66535. 32 A stem cell is a nondifferentiated cell that can divide and multiply in its undifferentiated state, it can also give rise to more specialized differentiated cells.

surrounding Stem Cell Research arises from the necessity to create embryonic stem cells through the destruction of embryos. The issue of Stem Cell Research once again prompts the inquiry into the ethical boundaries surrounding the utilisation of human embryos for research or therapeutic intentions, as well as the broader question about the moral standing of the human embryo.33

2.3.2 In-Vitro Fertilization and Human Rights Issues

The process of somatic cell nuclear transfer (SCNT) has the potential to diminish the inherent uniqueness of an individual's genetic composition. Depriving a child of knowledge regarding their genetic origin might perhaps eliminate their sense of wonder and their entitlement to remain uninformed. However, it is ethically defensible for two groups of patients: i) Infertile couples, who cannot otherwise be treated; and ii) Couples at risk of passing a serious genetic disease on to their children. 34 2. 4 Human Rights and Internet Access The internet and social media platforms have expanded avenues for free expression, facilitating the dissemination of ideas and fostering public participation. However, there are challenges such as online censorship, disinformation, and hate speech, which require careful consideration to protect freedom of expression while preventing harm.

As Tufekci explains in her work35 on the role of social media in the Arab Spring and Occupy Wall Street movements, while technology allows social movements to grow at breakneck speed, this speed also limits their ability to mature in ways that allow them to wield power and authority in the long run. The United Nations General Assembly passed a non-binding resolution on 'The Promotion, Protection, and Enjoyment of Human Rights on the Internet' in 2016. 2. 5 Accountability The lens through which we might examine the interplay between technology and human rights is the effect that it has on our capacity to hold duty bearers accountable for human

33 I.Wilmut, Viable Offspring Derived from fetal and adult mammalian cells, 230 NATURE 485 (1997).

34 Andrea L. Bonnicksen, Human reproductive cloning: thinking about clinic-based ethics, 75 FERTILITY AND STERLITY 1057 (2001), https://www.fertstert.org/article/S0015-0282(01)01801-5/pdf.

35 ZEYNEP TUFEKCI, TWITTER AND TEAR GAS: THE POWER AND FRAGILITY OF NETWORKED

PROTEST (Yale University Press 2017).

rights abuses. Since the identity of the offender can easily be concealed by modern technological means, it is much more difficult to hold obligation bearers accountable. Automated processes, for example, might make certain tasks seem unavoidable, even though they are the result of choices that themselves reflect and incorporate value judgements. As a result of technological advancements, infractions are less noticeable, normalising behaviour that could be considered harmful. 36 For instance, in many circumstances, the installation of water metres that necessitate payment prior to water dispensation has the same effect as cutting off service entirely. Though both prepayment and disconnection are forms of water regulation, in practise they are treated very differently, with the latter having legal protections in place to prevent against erroneous deprivation and the former having none.

37 2. 6 Private Sector Frequently, the private sector plays crucial roles in the creation and dissemination of new technological innovations. These corporations are incredibly potent information and communication gatekeepers; they exert control over our expressive activity, our relationships with others, and our access to information. 38 Evidence of human rights breaches posted to a private platform is often made public at the discretion of the platform's private owners. Companies in this industry manufacture and sell surveillance technologies, comply (or deny) with government requests to track activists and political dissidents, and design algorithms and weapons systems that could have lethal consequences. Commercial motives, rather than considerations of the public good or human rights, are often the driving force behind such choices. 39

SUGGESTIONS

a) It has become imperative to refine the definitions of all human rights in the light of

36 Molly K. Land and Jay D. Aronson, Human Rights and Technology: New Challenges for Justice and

Accountability, 16 ANNU. REV. LAW SOC. SCI. 225 (2020), https://www.annualreviews.org/ doi/pdf/10.1146/annurev-lawsocsci-060220-081955.

37 Lea Shaver, Safeguarding Human Rights from Problematic Technologies, LAND & ARONSON 25 (2018),

https://www.cambridge.org/core/services/aop-cambridgecore/content/view/ECAD0F88DC481893D207DF6 6DB36BAC5/9781107179639c2_25- 45.pdf/safeguarding-human-rights-from-problematic-technologies.pdf.

38 Supra note 35.

39 Rikke Frank Jorgensen, Human Rights and Private Actors in the Online Domain, LAND & ARONSON 243

(2018), https://www.cambridge.org/core/services/aop-cambridge-core/content/view/AEB97862FED32E804 B078A41AFAC97E8/9781107179639c11_243-269.pdf/human-rights-and-private-actors-in-the-onlinedomai n.pdf.

science and technology is the world's primary challenge. Global organisations like the UN can actively participate in this by adapting present human rights standards to technological advancements. b) The collaboration between legal specialists and scientists is necessary in order to comprehend the challenges that arise from human genetics. A comprehensive approach is necessary for the regulation of biotechnological advancements pertaining to the Human Genome. Human reproductive cloning should be strictly prohibited. Further, Commercialization of surrogacy arrangements should be prohibited as it would be against the human dignity. c) Citizens should be educated on their rights. ‘Human Rights’ may be included in the school syllabi from the 3rd standard.

d) The government should take quick and effective steps to bring more smart lawyers with extra knowledge of science and technology into the Legal Aid service by paying them well and letting them know that their work is appreciated. This will make sure that everyone in trouble whose human rights have been violated but who doesn't have enough money to hire a lawyer will get free legal help right away. e) Even though the National Human Rights Commission (NHRC) has been active in identifying human rights violations and providing instructions to erring authorities, the NHRC is a weak body. The government should take steps to improve this institution. The State Government should establish Human Rights Courts in all regions of the State to ensure the prompt resolution of human rights complaints.

f) Courts should not hesitate in awarding heavy compensation to the victims of human rights violations by imposing heavy costs on the perpetrators. g) The Hindu legal system is essentially a duty-based code, rather than a rights-based one. The Western emphasis on "individual rights" has spawned a plethora of group disputes, as well as functional divides and disharmonies, and contributed to the breakdown of family life and social cohesion. However, Hinduism begins with a full understanding of how one's spiritual and material goals are intertwined in one's destiny. Accordingly, in the understanding of the author, if the modern scientific and technological development

is done keeping in mind with our duty towards humanity, much of the problems will vanish straightaway.