Muhammad Sobhi Hassan: “Digital Constitutional Rights and the Imperative of Environmental Sustainability”

Technology has introduced new features into various aspects of life, and human rights and freedoms are not immune to these developments, which may be deemed radical.

Constitutional rights no longer consist solely of the traditional rights known in past centuries.

Today, new digital rights arise from economic, social, and cultural constitutional rights, necessitating a redefinition of the concept of the “constitutional right” to meet the challenges of the digital age and truly safeguard fundamental human rights.

However, this expansion in the digital sphere cannot be achieved at the expense of environmental sustainability, especially if the constitution explicitly mandates environmental protection, as is the case in modern constitutions.

Herein lies the role of legislators, legal scholars, and the judiciary in striking an effective balance between legal advancements in digital rights and urgent environmental considerations.

It is certain that constitutional rights are no longer confined to traditional forms but extend—at least implicitly—to include the right of access to digital knowledge, the right of participation through social media, the right to benefit from electronic government services, and even the right to work within a growing digital economy.

Such rights, born from constitutional guarantees, require massive infrastructures of servers, data centers, and electronic devices that are constantly being updated, leading to increased energy consumption and a higher carbon footprint.

Consequently, there is an urgent need—one that legislation and the judiciary must address—to secure digital rights while taking into account their environmental cost.

This consideration leads to establishing the principle of “digital sustainability,” which is an essential condition for ensuring digital rights over the long term.

It alone can prevent these rights from turning into a source of environmental depletion.

As we aspire to develop a green digital infrastructure, the challenge of balancing digital rights and environmental protection extends beyond national borders.

This raises a legitimate question about the adequacy and effectiveness of national constitutions and legislation in achieving this type of balance between the guarantee of digital rights—which are evolving at an ever-increasing pace—and the potential environmental impact they may entail.

This calls for serious consideration of alternative legal frameworks, such as international agreements that define individuals’ digital rights, provide mechanisms for exercising these rights, and address any environmental threats arising from advancements in the digital domain.