Realization of the right to social protection: risks of digitalization

The article is devoted to the analysis of the risks of digital transformation of social protection systems in the context of guaranteeing the realization of the human right to social protection. The effectiveness of the realization of the right to social security is interconnected and mutually conditioned by the digitalization of the social sphere, including access and coverage, data processing, identification of real needs, and the fight against social fraud. At the same time, the use of digital technologies changes the “traditional” law enforcement and consideration of the individual circumstances of each person’s case. Automated social protection systems can increase inequality and exacerbate the digital divide. The leading analytical reports of the UN, ILO, and the European Commission on the main challenges of digitalization in the process of modernization of social security systems are studied. Critical remarks of the UN Special Rapporteur on extreme poverty and human rights on the use of digital technologies in the welfare state are presented. The problems of implementing the right to social protection in different countries, which were caused by systemic errors, and the digitalization of social security was carried out in violation of the rule of law, which led to a massive violation of the right to social protection. In particular, the aspects of the Robodebt case in Australia, the Systeem Risico Indicatie (SyRI) case in the Netherlands, the Johnson and Pantellerisco cases in the UK, and the MiDAS case in the USA are detailed. The conclusions of the Royal Commission on the Robodebt case in Australia regarding the need to reform legislation to introduce a coherent legal framework for the functioning of automation in public services are emphasized. The importance of transparency and accessibility of understanding the functioning of automated social security systems, the need to timely identify and eliminate threats to human rights, are emphasized. Conclusions are drawn on the importance of managing the risks of digitalization of the social protection system on the basis of the rule of law at all stages of the legal regulation mechanism.