数字弱势群体权益保障的理论研究

A Theoretical Study on the Protection of the Rights of the Digitally Disadvantaged

摘要: 在数字技术逐渐遍及和惠及社会各个方面的背景下，仍存在着“数字弱势群体”，他们的诉求和权益往往被忽略。本文聚焦于数字弱势群体，旨在探讨如何保障数字弱势群体的权益。首先，本文对数字弱势群体的概念进行界定，并根据其产生的阶段将其区分为显性弱势群体与隐性弱势群体，同时分析数字弱势群体面临的横向与纵向的双重困境。其次，从个人数字技能存在差异、社会服务缺乏数字包容、数字技术的非均衡赋权等方面探究数字弱势群体困境的生成机理。进而，从公平正义理论与保护人的尊严和自由角度论证保障数字弱势群体权益的必要性与正当性。最后，提出以技术赋权、公民数字技术教育及权力约束为核心的权益保障路径，在形式平等的基础上推进数字权益的实质平等。

Abstract: Against the backdrop of digital technology becoming increasingly widespread and benefiting all sectors of society, there remain “digitally disadvantaged groups” whose needs and rights are often overlooked. This paper focuses on the digitally disadvantaged and aims to explore how to safeguard their rights and interests. First, the paper defines the concept of the digitally disadvantaged, categorizing them into overtly disadvantaged and covertly disadvantaged groups based on the stage of their emergence, while analyzing the dual horizontal and vertical dilemmas they face. Second, it examines the mechanisms underlying the challenges faced by the digitally disadvantaged, exploring factors such as disparities in individual digital skills, a lack of digital inclusion in social services, and the unequal distribution of digital technology. Furthermore, it argues for the necessity and legitimacy of safeguarding the rights of the digitally disadvantaged from the perspectives of theories of fairness and justice, as well as the protection of human dignity and freedom. Finally, it proposes a framework for safeguarding these rights centered on technological empowerment, civic digital education, and the restraint of power, with the goal of advancing substantive equality in digital rights on the foundation of formal equality.