‘A More Human Approach’. Human Rights, Obligations of the State and Network Neutrality in Europe

Abstract

The article explores the concept of the positive and negative obligations of the state in securing human rights, recognized in human rights literature, and in the judgments of the European Court of Human Rights. The concept is then applied to show the importance of securing freedom of expression in regulating Internet access services and enforcing pertinent regulations in EU Member States. The author is of the opinion that economic arguments should not overshadow the need to secure the freedom of expression of the end-users of Internet access services.