CONCEPTUAL APPROACHES TO HUMAN RIGHTS AND DIGITAL TECHNOLOGY

Societies ◽  
2021 ◽  
Vol 11 (4) ◽  
pp. 135
Author(s):  
Marie McAuliffe ◽  
Jenna Blower ◽  
Ana Beduschi

Digitalization and artificial intelligence (AI) technologies in migration and mobility have incrementally expanded over recent years. Iterative approaches to AI deployment experienced a surge during 2020 and into 2021, largely due to COVID-19 forcing greater reliance on advanced digital technology to monitor, inform and respond to the pandemic. This paper critically examines the implications of intensifying digitalization and AI for migration and mobility systems for a post-COVID transnational context. First, it situates digitalization and AI in migration by analyzing its uptake throughout the Migration Cycle. Second, the article evaluates the current challenges and, opportunities to migrants and migration systems brought about by deepening digitalization due to COVID-19, finding that while these expanding technologies can bolster human rights and support international development, potential gains can and are being eroded because of design, development and implementation aspects. Through a critical review of available literature on the subject, this paper argues that recent changes brought about by COVID-19 highlight that computational advances need to incorporate human rights throughout design and development stages, extending well beyond technical feasibility. This also extends beyond tech company references to inclusivity and transparency and requires analysis of systemic risks to migration and mobility regimes arising from advances in AI and related technologies.


Lex Russica ◽  
2019 ◽  
pp. 91-104 ◽  
Author(s):  
L. A. Voskobitova

The paper discusses individual advantages and benefits that the digitalization of criminal procedures can provide. The forms of positive use of digital technologies in practice and the possibility of expanding their use are shown. It is proposed to do this by experimental implementation: a) to introduce them in parallel, along with the traditional ones, or b) to use them completely for different stages of the procedure that are most suitable for formalization and programming. There are three groups of criteria that need to be taken into account: objective characteristics of the nature of criminal procedural relations; the possibility/impossibility of formalization of requirements and procedures; the ability to strengthen, rather than reduce the guarantees of human rights, the reliability of the results of knowledge and justice of law enforcement acts. For a systematic transition to these technologies, it is impossible not to take into account that «human abilities» in criminal procedure can not always be formalized to the extent of their replacement by digital technologies.


AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 334-338
Author(s):  
Helmut Philipp Aust

“Digital technology is transforming what it means to be a subject.” The increase in the use of big data, self-learning algorithms, and fully automated decision-making processes calls into question the concept of human agency that is at the basis of much of modern human rights law. Already today, it is possible to imagine a form of “algorithmic authority,” i.e., the exercise of authority over individuals based on the more or less automated use of algorithms. What would this development mean for human rights law and its central categories? What does the Universal Declaration of Human Rights (UDHR), adopted seventy years ago as a founding document of the human rights movement at the international level, have to say about this?


2019 ◽  
Vol 9 (4) ◽  
pp. 90-102
Author(s):  
Yu. А. Chernysheva

The article focuses on a comprehensive theoretico-legal study of the content, features and problems of human rights realization in the context of digitalization of society as well as on following development of evidence based recommendations, practical mechanisms aimed at the viable defence of human rights and freedoms in modern Russia. The methodological basis of the study is represented by the general scientific dialectic method and a set of scientific methods of understanding (technical, systemic structural, aristotelian method). The results show that at the current stage of the development of society, the state is required to protect human rights and interests in the context of global digitalization. The legislator should determine the forms of information turnover; establish the rights and duties of participants in “digital” legal relations; the limits of digital technology application. It is concluded that the development of information technology is accompanied by the abuse of such means for criminal purposes, and also emphasizes the development needs of legal measures to counter offenses and crimes in the field of digitalization of all areas of society.


2017 ◽  
Vol 71 (1) ◽  
pp. 18-31 ◽  
Author(s):  
Chad Elias

While the proliferation of digital technology has expanded the capacity to document human rights violations and publicize them via cell phone, cloud, and social networks, raw footage of state-sponsored violence is often the subject of competing interpretations that multiply through their viral circulation. Accordingly, much recent attention has been placed on the evidentiary uncertainty that attends digital documents coming out of Syria. This article offers an alternative framework through which to think about the efficacy of images that circulate outside of state institutions and corporate media outlets. Focusing on works by Rabih Mroué, Ossama Mohammed, and the filmmaking collective Abounaddara, this article examines how the videos produced during the Syrian uprisings and war give rise to a critical reflection on cinematic truth and the medium's long-standing correlation with violence and death. The affective force of images that operate at the threshold of visibility unsettles the terms of both human rights practice and documentary filmmaking.


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