Artificial intelligence and human rights: Between law and ethics

Author(s):  
Giovanni Sartor

The ethics and law of AI address the same domain, namely, the present and future impacts of AI on individuals, society, and the environment. Both are meant to provide normative guidance, proposing rules and values on which basis to govern human action and determine the constrains, structures and functions of AI-enabled socio-technical systems. This article examines the way in which AI is addressed by ethical and legal rules, principles and arguments. It considers the extent to which the demands of law and ethics may pull in different directions or rather overlap, and examines how they can be coordinated, while remaining in a productive dialectical tension. In particular, it argues that human/fundamental rights and social values are central to both ethics and law. Even though can be framed in different ways, they can provide a useful normative reference for linking ethics and law in addressing the normative issues arising in connection with AI.

2021 ◽  
Vol 35 (3) ◽  
pp. 329-342
Author(s):  
Hendrik Schopmans ◽  
Jelena Cupać

AbstractIn recent years, concerns over the risks posed by artificial intelligence (AI) have mounted. In response, international organizations (IOs) have begun to translate the emerging consensus on the need for ethical AI into concrete international rules and standards. While the path toward effective AI governance faces many challenges, this essay shifts attention to an obstacle that has received little attention so far: the growing illiberal backlash in IOs. Prompted by Poland's recent rejection of a European position on AI due to the document's mention of “gender equality,” we argue that Poland followed a strategy that illiberal actors now regularly employ in IOs. To combat gender norms and women's rights across issue areas, illiberal contesters first identify the progressive language in international documents and then threaten to veto those documents—unless such language is watered down or removed. This spoiling strategy, we argue, may not only lead to the compromising of fundamental human rights norms but may also prevent much needed rules for AI from being adopted altogether. Against this background, we urge scholars and practitioners concerned with AI ethics to pay closer attention to illiberal backlash politics. IOs are emerging as spaces where progressive AI rules and standards are increasingly contested—and where they need to be defended to safeguard fundamental rights in an age of rapid technological change.


2021 ◽  
Vol 9 (1) ◽  
pp. 51-66
Author(s):  
Kristi Joamets ◽  
◽  
Archil Chochia ◽  

Digitalisation and emerging technologies affect our lives and are increasingly present in a growing number of fields. Ethical implications of the digitalisation process have therefore long been discussed by the scholars. The rapid development of artificial intelligence (AI) has taken the legal and ethical discussion to another level. There is no doubt that AI can have a positive impact on the society. The focus here, however, is on its more negative impact. This article will specifically consider how the law and ethics in their interaction can be applied in a situation where a disabled person needs some kind of assistive technology to participate in the society as an equal member. This article intends to investigate whether the EU Guidelines for Trustworthy AI, as a milestone of ethics concerning technology, has the power to change the current practice of how social and economic rights are applied. The main focus of the article is the ethical requirements ‘Human agency and oversight’ and, more specifically, fundamental rights.


2014 ◽  
Vol 14 (1) ◽  
Author(s):  
Victor Baz�n

RESUMEN En el trabajo se enfocar�, en general, la actualidad y la prospectiva de la interrelaci�n de la Corte Interamericana de Derechos Humanos �Corte IDH� y las cortes supremas o tribunales constitucionales latinoamericanos. Ya en particular, se abordar� la importancia del �control de convencionalidad� principalmente a cargo de los jueces nacionales, que consiste en verificar la adecuaci�n de las normas jur�dicas internas que aplican en casos concretos a la Convenci�n Americana sobre Derechos Humanos �CADH� y a los est�ndares interpretativos de la Corte IDH. Asimismo, se argumentar� sobre la importancia de trazar una l�nea de cooperaci�n entre los tribunales internos y la Corte IDH y de intensificar un di�logo jurisprudencial entre ambas jurisdicciones en orden a que los tribunales locales lleven adelante una interpretaci�n conforme a la CADH y a los pronunciamientos de la Corte IDH, pero que correlativamente �sta tenga presente las observaciones que desde los contextos jurisdiccionales nacionales se formulen a los criterios del tribunal interamericano. Ello as�, para fortalecer cualitativamente la tutela multinivel de los derechos humanos y disminuir los riesgos de eventuales dificultades pr�cticas en la aplicaci�n del �control de convencionalidad�. La aconsejable cooperaci�n entre ambas instancias jurisdiccionales no apunta a una relaci�n jer�rquica entre ellos, sino a una conexi�n cooperativa en la hermen�utica pro persona de los derechos humanos. Es que las respectivas Constituciones Pol�ticas de los Estados latinoamericanos, con la �fuerza normativa� que les es inherente, y los instrumentos internacionales sobre derechos humanos (principalmente, la CADH y la interpretaci�n que de �sta realiza la Corte IDH), conforman un cuerpo jur�dico que orienta su vigencia hacia un id�ntico sustrato axiol�gico: la salvaguardia de los derechos fundamentales, expresi�n directa de la dignidad de la persona. PALABRAS CLAVE Derechos fundamentales. Control de convencionalidad. Corte Interamericana de Derechos Humanos. Tribunales internos. Di�logo jurisprudencial cr�tico. ABSTRACT Generally speaking, the paper will focus on today and the prospect of the interrelationship between the Inter-American Court of Human Rights (IACHR) and national courts. In particular, the work will address the importance of �conventionality control� mainly by domestic judges, which consists of verifying the adequacy of internal legal rules that apply in specific cases, to the American Convention on Human Rights (ACHR) and interpretive standards of the IACHR. Besides, the author will argue about the importance of drawing a line of cooperation among domestic courts and the IACHR and intensifying a case-law dialogue between both jurisdictions in order to take forward an interpretation according to the ACHR and the pronouncements of the IACHR, but at the same time it keep in mind the comments that the national legal contexts put to the criteria of the Inter-American Court. That is so qualitatively strengthen multi-level protection human rights and reduce the risk of possible practical difficulties in implementing the "control of conventionality". The desirable cooperation between the two jurisdictions (Inter-American and domestic) does not point to a hierarchical relationship between them, but to a cooperative connection in �pro persona� hermeneutics of human rights. This is because the Constitutions of the Latin-American States, with the �normative power� inherent in them, and international human rights instruments (mainly the ACHR and the interpretation that around it performs the IACHR), give life to a legal block that directs its force to an axiologically identical substrate: safeguarding fundamental rights, direct expression of the dignity of the individual. KEY WORDS: Fundamental Rights. Conventionality control. Inter-American Court of Human Rights. Domestic courts. Critical jurisprudential dialogue.


2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.


2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.


2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.


Author(s):  
Sarah Song

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.


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