Analysis of European legal regulation finds that more must be done to protect the rights of bitcoin users

Author: Andrea Emanuele, universitat wien, Published on: 14 December 2018

The aim of this research will be… to find new approaches which States can use in order to cope with the Bitcoin phenomenon and with the human rights violations associated to it… [A]ttention will be given to three specific human rights: right to privacy, right to property and right to work… [The paper] conclude[s] by making a comparative analysis amongst the different European States approaches, in order to evaluate whether they are able to cope with the human rights violations and, at the same time, to respect the obligations deriving from the European conventions… States should act to introduce specific regulations, both at national and European level, aimed at introducing certain legal remedies for:

  • The theft of bitcoins: in this sense, States should firstly regulate Bitcoins as form of property
  • The working positions of exchangers and Bitcoin miners: the introduction within the national legal frameworks of these specific working categories will have the major value to eliminate the possible causes of labour discrimination and of labour exploitation
  • The circumstances, according to the ECHR and the EU Charter, providing the state with the entitlement to limit and interfere users' right to privacy.

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