Technology on the margins: AI and global migration management from a human rights perspective

2019 ◽  
Vol 8 (2) ◽  
pp. 305-330 ◽  
Author(s):  
Petra Molnar
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Forced Migration ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Privacy Rights ◽  
International Regulation ◽  
Population Movements ◽  
Migration Management ◽  
The Right

Experiments with new technologies in migration management are increasing. From Big Data predictions about population movements in the Mediterranean, to Canada's use of automated decision-making in immigration and refugee applications, to artificial-intelligence lie detectors deployed at European borders, States are keen to explore the use of new technologies, yet often fail to take into account profound human rights ramifications and real impacts on human lives. These technologies are largely unregulated, developed and deployed in opaque spaces with little oversight and accountability. This paper examines how technologies used in the management of migration impinge on human rights with little international regulation, arguing that this lack of regulation is deliberate, as States single out the migrant population as a viable testing ground for new technologies. Making migrants more trackable and intelligible justifies the use of more technology and data collection under the guise of national security, or even under tropes of humanitarianism and development. The way that technology operates is a useful lens that highlights State practices, democracy, notions of power, and accountability. Technology is not inherently democratic and human rights impacts are particularly important to consider in humanitarian and forced migration contexts. An international human rights law framework is particularly useful for codifying and recognising potential harms, because technology and its development is inherently global and transnational. More oversight and issue-specific accountability mechanisms are needed to safeguard fundamental rights of migrants such as freedom from discrimination, privacy rights and procedural justice safeguards such as the right to a fair decision-maker and the rights of appeal.

AI and Migration Management

2020 ◽  
pp. 768-787
Author(s):  
Petra Molnar
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Forced Migration ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Privacy Rights ◽  
International Regulation ◽  
Development Technology ◽  
And Migration ◽  
The Right

This chapter focuses on how technologies used in the management of migration—such as automated decision-making in immigration and refugee applications and artificial intelligence (AI) lie detectors—impinge on human rights with little international regulation, arguing that this lack of regulation is deliberate, as states single out the migrant population as a viable testing ground for new technologies. Making migrants more trackable and intelligible justifies the use of more technology and data collection under the guide of national security, or even under tropes of humanitarianism and development. Technology is not inherently democratic, and human rights impacts are particularly important to consider in humanitarian and forced migration contexts. An international human rights law framework is particularly useful for codifying and recognizing potential harms, because technology and its development are inherently global and transnational. Ultimately, more oversight and issue specific accountability mechanisms are needed to safeguard fundamental rights of migrants, such as freedom from discrimination, privacy rights, and procedural justice safeguards, such as the right to a fair decision maker and the rights of appeal.

scholarly journals The duty to work as precondition for human dignity: a Swiss perspective on work programmes

2020 ◽  
pp. 89-112
Author(s):  
Melanie Studer ◽  
Kurt Pärli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Eligibility Criterion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

scholarly journals Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law

2012 ◽  
Vol 1 (1) ◽  
pp. 65-73 ◽  
Author(s):  
Bridget Lewis
Keyword(s):  
Human Rights ◽  
Environmental Governance ◽  
Minority Groups ◽  
Environmental Issues ◽  
Environmental Problems ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Environmental Injustice ◽  
The Right

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

SIXTY-FIVE YEARS AND IT SHOWS THEM ALL: PROPOSALS FOR AMENDING THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES

2016 ◽  
Vol 25 (1) ◽  
pp. 55-83
Author(s):  
Federico Lenzerini
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
International Regulation ◽  
The People ◽  
The Status ◽  
Considerable Impact ◽  
Definition Of ◽  
The Right ◽  
Human Rights Standards ◽  
Second World

The 1951 Convention Relating to the Status of Refugees was one of the major accomplishments of the post-Second-World-War international legal community. It became the cornerstone of the international regulation of the right of asylum and represented the spark that ignited subsequent developments of international law in the field of asylum and refugees. Even more notable is the fact that the Convention has continued to have considerable impact despite the passing of time. However, 65 years after its adoption the Convention is showing signs of ageing, because several of its provisions are inconsistent with the present state of evolution of international human rights law. These provisions would therefore need to be updated, taking into consideration contemporary human rights standards, so as to make the Convention a living instrument capable of effectively addressing the needs of the people to whose protection it is devoted. The provisions which most require amendment are Article 1(A)(2), providing the definition of “refugee”, the exclusion clauses included in Article 1(F), and the exceptions to the prohibition of refoulement contemplated by Article 33(2).

Sovereign Rights of the State and the Scope of their Implementation in the Context of Development of the International Human Rights Law

2020 ◽  
Vol 11 (1) ◽  
pp. 164
Author(s):  
Iryna PROTSENKO ◽  
Кostiantyn SAVCHUK
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Adequate Treatment ◽  
International Human ◽  
The Right

In the contemporary science of international law, the state sovereignty issue lacks adequate treatment. In particular, the list and essence of sovereign rights and duties of the state are not defined, although these are referred to in some international legal instruments and resolutions of international courts and arbitrations. In addition, particular circumstances are being under development, which require if not precise outlining of the catalogue of fundamental rights of states, then at least determining the essence of some of these rights and the scope of their implementation. It goes about developing the practice to limit specific sovereign rights of the state to ensure the implementation of human rights (notably, the ones not directly related to the respective rights of the state). In this very way, the state is limited in its right to determine its own immigration policy. The fact is that the European Court of Human Rights (ECtHR) has ruled in some of its judgments that by implementing this right, the state violates the right to respect for private and family life provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR). This resulted in ECtHR`s practice to be somewhat considered in the draft articles on the expulsion of aliens elaborated by the International Law Commission (ILC) in 2014. The examples from ECtHR`s practice analyzed in this paper provide the basis for the conclusion that the development of the International Human Rights Law is gradually narrowing the scope of the internal sovereign rights of the state.

scholarly journals Privacy and Data Protection

2020 ◽  
pp. 99-162
Author(s):  
Mireille Hildebrandt
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
The Right Of Privacy ◽  
The Right

This chapter covers privacy and data protection. This entails a series of legal requirements for development and design, for the default settings, and for the employment of computer architectures. In addition, the chapter defines the right to privacy as a subjective right, attributed by objective law, which may be national (constitutional) law, international human rights law, or supranational law (EU fundamental rights law). The chapter first confronts the landscape of human rights law at the global, national, and EU level. It then inquires into the right of privacy, as guaranteed under the ECHR and the Charter of Fundamental Rights of the European Union (CFREU), and finally provides an extensive analysis of the new fundamental right to data protection, as guaranteed by the CFREU and protected by the General Data Protection Regulation (GDPR).

scholarly journals Refining United Nations Security Council Targeted Sanctions

2018 ◽  
Vol 29 (1-4) ◽  
pp. 90-119
Author(s):  
Nadeshda Jayakody
Keyword(s):  
Human Rights ◽  
United Nations ◽  
United Nations Security Council ◽  
Private Life ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Decision Making Processes ◽  
Procedural Safeguards ◽  
Global Peace ◽  
The Right

The United Nations Security Council’s targeted sanctions seek to protect global peace and security. The majority of these sanctions are imposed on individuals deemed to be a terror threat and include measures such as asset freezes and travel bans. These measures can impede, inter alia, the right to private life and freedom of movement of targeted individuals. While it is accepted that certain rights can be restricted for the protection of public security, restrictions must be proportional under international human rights law. Given that UN sanctions regimes have come under scrutiny in recent years for their lack of procedural safeguards and disproportionate restrictions on fundamental rights, this article argues that proportionality based reasoning should be included in sanctions committees’ substantive decision-making processes. Other procedural safeguards should also be incorporated by UN sanctions committees. This would help ensure that sanctions are more measured and minimise impairment of human rights.

scholarly journals The Consequences of Corona Virus on Human Rights System: تداعيات فيروس كورونا على منظومة حقوق الإنسان

2020 ◽  
Vol 4 (8) ◽  
Author(s):  
Maya Hasan Malla Khater
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Vulnerable Groups ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Protection Of Human Rights ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Right

The outbreak of the New Corona Epidemic has been leading governments around the world to adopt strategies to limit its spread and to counter it. Some of the measures taken have affected a number of fundamental rights and freedoms, which are guaranteed according to the international human rights law, and not just intended the right of life and the right of effective health care. In fact, many other rights were affected intentionally or unintentionally. This study seeks to highlight on states practices and responses related to fighting against the Corona Crisis, its impact on human rights in general, and the rights of the most vulnerable groups in particular, by using the descriptive and analytical method. One of the most important results of this research is that the protection of human rights while combating this Epidemic can't be considered as a secondary issue. It is necessary for these government measures to be consistent with the rules and provisions of the International Human Rights Law. 

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

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.

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