La mayoría de los derechos reconocidos tanto a nivel constitucional como en el derecho internacional de los derechos humanos están destinados a la protección de bienes privados. A diferencia de ellos, el derecho al ambiente sano asegura a los individuos el disfrute de un bien público. Las características propias de los bienes públicos generan profundos problemas de arquitectura jurídica para un sistema de derechos fundamentales que históricamente fue concebido para la protección de bienes privados y han dado lugar a discusiones (...) sobre la titularidad de este derecho. Este trabajo analiza la posición de Carlos S. Nino a favor de considerar el derecho a un ambiente sano como derecho colectivo y señala los problemas que esta postura genera para el ejercicio y contenido del derecho. Most of the rights that have been recognized both at the constitutional level and in international human rights laws entitle individuals to the protection of private goods. In contrast, the right to a healthy environment ensures individuals the enjoyment of a public good. The characteristics of public goods have created significant problems related to the legal architecture for a system of fundamental rights that historically was conceived for the protection of private goods, and have generated considerable debate over whether the right to a healthy environment should be considered an individual right. This paper analyzes Carlos S. Nino’s position, who advocates in favor of considering the right to a healthy environment as a collective right; and it points out the problems that such a position generates for the content of the right and its exercise. (shrink)

This paper poses the question of whether people have a duty to participate in digital epidemiology. While an implied duty to participate has been argued for in relation to biomedical research in general, digital epidemiology involves processing of non-medical, granular and proprietary data types that pose different risks to participants. We first describe traditional justifications for epidemiology that imply a duty to participate for the general public, which take account of the immediacy and plausibility of threats, and the identifiability of (...) data. We then consider how these justifications translate to digital epidemiology, understood as an evolution of traditional epidemiology that includes personal and proprietary digital data alongside formal medical datasets. We consider the risks imposed by re-purposing such data for digital epidemiology and propose eight justificatory conditions that should be met in justifying a duty to participate for specific digital epidemiological studies. The conditions are then applied to three hypothetical cases involving usage of social media data for epidemiological purposes. We conclude with a list of questions to be considered in public negotiations of digital epidemiology, including the application of a duty to participate to third-party data controllers, and the important distinction between moral and legal obligations to participate in research. (shrink)

Mature information societies are characterised by mass production of data that provide insight into human behaviour. Analytics has arisen as a practice to make sense of the data trails generated through interactions with networked devices, platforms and organisations. Persistent knowledge describing the behaviours and characteristics of people can be constructed over time, linking individuals into groups or classes of interest to the platform. Analytics allows for a new type of algorithmically assembled group to be formed that does not necessarily align (...) with classes or attributes already protected by privacy and anti-discrimination law or addressed in fairness- and discrimination-aware analytics. Individuals are linked according to offline identifiers and shared behavioural identity tokens, allowing for predictions and decisions to be taken at a group rather than individual level. This article examines the ethical significance of such ad hoc groups in analytics and argues that the privacy interests of algorithmically assembled groups in inviolate personality must be recognised alongside individual privacy rights. Algorithmically grouped individuals have a collective interest in the creation of information about the group, and actions taken on its behalf. Group privacy is proposed as a third interest to balance alongside individual privacy and social, commercial and epistemic benefits when assessing the ethical acceptability of analytics platforms. (shrink)

Luciano Floridi was not the first to discuss the idea of group privacy, but he was perhaps the first to discuss it in relation to the insights derived from big data analytics. He has argued that it is important to investigate the possibility that groups have rights to privacy that are not reducible to the privacy of individuals forming such groups. In this paper, we introduce a distinction between two concepts of group privacy. The first, the “what happens in Vegas (...) stays in Vegas” privacy (in the following: WHVSV privacy), deals with confidential information shared with the member of a group and inaccessible to (all or a specific group of) outsiders. The second, to which we shall refer as inferential privacy, deals with the inferences that can be made about a group of people defined by a feature, or combination thereof, shared by all individuals in the group. We show why we unreservedly agree with Floridi that groups can have a form of privacy that amounts to more than the mere fact of being sets of individuals each of whom has individual privacy; moreover, like Floridi, we find it plausible that at least some groups (those satisfying our definition of type-a groups) may have a right to a species of group privacy (that is, WHVSV privacy) as groups (and not just as individuals who belong to those groups). However, by turning our attention to the context of big data analytics, we show that the relevant, new notion of group privacy is one of inferential privacy. We argue that an absolute right (either of individuals or groups) to inferential privacy is implausible. We also show that many groups generated algorithmically (those satisfying our definition of type-b groups) cannot be right holders as groups (unless they become type-a groups). (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

Medical decisions for children are usually justified by the claim that they are in a child's best interests. More recently, following criticisms of the best interests standard, some advocate that the family's interests should influence medical decisions for children, although what is meant by family interests is often not made clear. I argue that at least two senses of family interests may be discerned. There is a ‘weak’ sense of family interests and a ‘strong’ sense. I contend that there are (...) problems with both approaches in making medical decisions for children but that the weak sense is more plausible. Despite this, I argue that claims for family interests are not helpful in making medical decisions for children. (shrink)

There is a well-documented Pre-Reflective Hostility against Machine Art (PRHMA), exemplified by the sentiments of fear and anxiety. How can it be explained? The present paper attempts to find the answer to this question by surveying a considerable amount of research on machine art. It is found that explanations of PRHMA based on the (alleged) fact that machine art lacks an element that is (allegedly) found in human art (for example, autonomy) do not work. Such explanations cannot account for the (...) sentiments of fear and anxiety present in PRHMA, because the art receiver could simply turn to human art for finding the element she is looking for. By contrast, an explanation based on the idea that machine art is “symbolically” a threat to human survival can be successful, since the art receiver’s turning from machine art to human art does not eliminate the (alleged) “symbolic” threat machine art poses for human survival. If there is a pre-reflective belief or feeling that machine art is such a threat, then it is perfectly understandable why humans exhibit a pre-reflective hostility against machine art. (shrink)

Natural disasters are social disruptions triggered by physical events. Every year, hundreds of natural disasters occur and tens of thousands of people are killed as a result. I maintain that everyone would want to be provided with assistance in the aftermath a natural disaster. If a national government is not providing post disaster assistance, then we expect that some other institution has the responsibility to provide it. Unfortunately, that is not the case currently. Therefore, in this thesis I argue that (...) in some situations the international community is required to intervene on behalf of those affected by the disaster caused by a natural hazard. Natural disaster intervention is a moral requirement: because the international community has a duty to provide the goods we are entitled to as per the human right to welfare, even in natural disaster scenarios. After making my argument as to why a natural disaster intervention policy should be developed I explain the basic principles of such a policy by applying the Just War criteria to natural disaster scenarios in which a national government is unable or unwilling to provide assistance to its people. (shrink)

This thesis explores the relationship between rights-based moral systems and climate change. It argues that supporters of rights-based moralities must give the realisation of rights priority over non-rights-based moral concerns. It further contends that future persons cannot possess rights that would place current persons under correlative duties towards them before their conception. The thesis then highlights that climate change will need to be combatted through programmes of adaptation and mitigation. Unfortunately, the majority of those protected by such programmes will be (...) future persons. It is therefore argued that rights-based moralities struggle to endorse – and might even actively oppose – the imposition by states of extensive programmes of adaptation and mitigation. Such programmes actively and directly restrict the realisation of the rights of many current persons. Even if this were not the case, supporters of rights are unable to justify the kind of spending that would be needed to finance those aspects of adaptation and mitigation which aim to benefit future persons while the fundamental rights of a great many current persons go unmet due to a lack of funds. As a result, rights-based moralities must justify climate burdens solely through reference to current persons. It is argued that, in the case of Interest- and Choice-based theories of rights, this would encourage an increase in emissions through the implication that pollution was permissible provided adaptation burdens were met. Alternatively, support for a rights-based morality akin to that put forward by Robert Nozick would enable us to implement mitigation, but the system’s disavowal of positive rights would simultaneously cause excessive harm to the wellbeing of many. The inability of rights-based moralities to deal with climate change in an effective and ethical manner leads us to question their legitimacy more generally. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to the (...) right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)