ABSTRACT
This chapter will focus on whether non-access to the Internet can be seen as a human rights enabler and what consequences that brings especially to the proportionality analysis in cases of conflicts of rights. Here, we mean whether the choice not to be online may improve the enjoyment of human rights, which is unachievable in any other way. Hence, it is an improvement that the very nature of being online eliminates and which may not be achieved while online, even with the best possible tailored legal and technological solutions protecting the rights endangered by the access. As case studies, we would like to analyse one right from the civil and political rights catalogue and one from the social, economic and cultural rights catalogue to reflect their different nature and specificity regarding immediate and progressive realisation, limitations and retrogressions. To do that we will focus on the right to privacy and the right to health.
