For at least a decade, the United Nations (“UN”) has sought to define and promote digital rights for the international community. In the face of resistance from authoritarian-minded governments, UN bodies have not always articulated fundamental norms in the most robust way, and yet the Human Rights Council and General Assembly have succeeded in establishing the baseline principle that offline guarantees apply equally in the online environment.[1] These political institutions, in turn, have incrementally reinforced how human rights should apply in digital spaces. The High Commissioner for Human Rights and independent experts of the Human Rights Council have helped create a normative framework for digital rights in a number of areas, from security, surveillance and privacy to freedom of expression, hate speech, artificial intelligence, and content governance. In turn, advocates, legislators and policymakers worldwide have used UN resolutions and reports as tools to promote digital rights. It is now critical to translate these normative standards into jurisprudence at the global level, case law that can influence legal and policy development at national, regional and international levels.

UC Irvine School of Law’s International Justice Clinic (“the Clinic”) recently launched its Treaty Body Litigation Initiative (“the Initiative”), partnering in its implementation with the International Center for Not-for-Profit Law (ICNL). The Initiative seeks to develop digital rights jurisprudence at the global level through UN treaty bodies. This jurisprudence would serve as actionable guidance for advocates, courts, legislators, policymakers and even technology companies worldwide. Also, through this Initiative, the Clinic will seek meaningful remedies for victims of digital rights violations.

This new report provides an overview of the UN Treaty Bodies’ individual complaint mechanisms and presents its initial findings regarding the interest of these institutions in addressing digital rights issues.