European Human Rights Law for a Digital Economy: a Right to Financial Inclusion?

Martins Pereira, Clara; Lima, Dafni

Abstract

In the new digital economy, technology should help promote access to af-fordable finance, however it is being used to exclude as well as include, creating an ur-gent challenge for lawmakers. This paper explores the role of human rights discourse in emerging debates about digital financial inclusion, focusing on two questions: first, how are recent technological, legal, and quasi-legal developments impacting financial inclusion? And second, can existing human rights frameworks support a right to fi-nancial inclusion? The article begins by examining the impact of new technologies on financial inclusion. Next, it discusses how recent developments – namely the UN Sus-tainable Development Goals and the EU AI Act – are reigniting vital discussions about financial inclusion. It then considers whether financial inclusion is a human right, ex-amining international and European human rights frameworks. Finally, it concludes that while a right to financial inclusion cannot yet be recognized, the EU – with the legacy of its inception as a primarily economic union – could be a natural incubator for such a right.

Citation

Martins Pereira, C., & Lima, D. (2024). European Human Rights Law for a Digital Economy: a Right to Financial Inclusion?. Revista Direito Mackenzie, 3(18), Article e17517EN. https://doi.org/10.5935/2317-2622/direitomackenzie.v18n317517EN

• Journal Article Type: Article
• Acceptance Date: Oct 31, 2024
• Online Publication Date: Dec 13, 2024
• Publication Date: Dec 13, 2024
• Deposit Date: Apr 16, 2025
• Publicly Available Date: Apr 17, 2025
• Journal: Mackenzie Law Review
• Electronic ISSN: 2317-2622
• Peer Reviewed: Peer Reviewed
• Volume: 3
• Issue: 18
• Article Number: e17517EN
• DOI: https://doi.org/10.5935/2317-2622/direitomackenzie.v18n317517EN
• Public URL: https://durham-repository.worktribe.com/output/3792360
• Publisher URL: https://editorarevistas.mackenzie.br/index.php/rmd/article/view/17517/12636