Opportunities and risks of the human rights-based approach in the process of digital transition from a European perspective

This paper aims to discuss the opportunities and risks of the human rights approach applied to the process of digital transition. European institutions use sustainability as an all-encompassing notion to refer to climate change, digital and environmental issues. In this paper, we will focus only on a specific aspect falling under sustainability. In fact, we will discuss the perils of digital transition, using the case of Artificial Intelligence and Brain-Computer-Interfaces to showcase the risks and opportunities of this approach. In addition, we will explore the possible alternative approaches, like the one promoted by those who have the technological power, to investigate whether the European approach is the best suited for the regulation of these issues. In particular, we will examine the two main arguments against the human rights approach: the risks of rights inflation, which can lead to the weakening of existing human rights; and the lack of proper enforcement mechanisms. Finally, using the tools of analytical philosophy, we will clarify some common misconceptions and fallacies proper of the alternative outlook (i.e. transhumanist approach). In doing so, we will be able to defend the European human rights approach, arguing that this is a suitable approach for guaranteeing a sufficient level of protection to individuals against inequality and discrimination