Grounding a Right to Internet Access in the Right to an Adequate Standard of Living

Abstract

Internet access is a prerequisite for access to Web3. Consequently, Web3 and the benefits thereof are rendered inaccessible for those individuals who lack Internet access. Presently, rich discussion exists on the topic of a right to Internet access. The central purpose of this contribution is not to argue for the recognition of such a right. Rather, the central purpose of this contribution is to suggest that if a right to Internet access is to be recognised, then it can be grounded in Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Examining the potential of a right to internet access to be derived from this provision facilitates an examination of the parameters of the right to an adequate standard of living. It is suggested that the right to an adequate standard of living is not fixed or static but is instead capable of capturing technological and societal advancements. The advantages of this approach are two-fold. First, grounding a right to internet access within the right to an adequate standard of living recognises a right to internet access both as a constituent part of the right to an adequate standard of living and as an independent right. After all, independent rights have been interpreted as deriving from Article 11 (1) ICESCR. Second, anchoring a right to Internet access in Article 11 (1) ICESCR allows the established legal framework of the ICESCR to be applied to delimiting the content of a right to internet access so understood.