scholarly journals Assessing the Legal Personality of Sexbots in the Light of Human Rights

2021 ◽  
pp. 90-98
Author(s):  
Arushi Gupta
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Sex Workers ◽  
Adult Population ◽  
Legal Framework ◽  
Human Interaction ◽  
Sexual Practices ◽  
Legal Personality ◽  
Legal Constraints ◽  
Sentient Beings

Sexbots have been the subject of much prurient curiosity for all of the adult population. The scepticism about the extent of human interaction in the future has created ambiguity about the prospects of the flesh trade industry all over the world. The evolution of sexbots from animatronic models to sentient beings capable of decisionmaking ability would pose a fundamental question about their impact on human rights and the obstacles it would create for the people employed in this sector. The ethico-legal constraints about their replacements as sex workers for utilitarian purposes evaluate the boundaries of acceptable sexual practices. With the advent of artificial intelligence in robotics, these customizable simulacra capable of human affection explore the pragmatic question of their legal personality. This paper analyzes the intersectionality of artificial intelligence and robotics in the light of ethical limits and legal implications on human rights. It imposes a duty on humans to address the permissible limits of customizability and the sufficiency of the existing legal framework to minimize the sufferings of these sentient beings. The complexities involved in the controversial facet of human-robot relationship entail us to gauge upon the jurisprudential aspects of the rights and legal personality of these robots.

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

scholarly journals On Possibility of Perception of Modern Spanish Law Concepts of Legal Personality for Artificial Intelligence: a View from Russia

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Viktor Shestak ◽  
Zoya Ilyicheva
Keyword(s):  
Artificial Intelligence ◽  
Social Life ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Personality ◽  
Spanish Law ◽  
Methods Of Synthesis ◽  
Technical Innovations ◽  
Spanish Legislation

Social life and technical innovations are always ahead of their legal regulation. This calls for a consistent reconsideration, renewal and improvement of currently existing legislation. Scientific discussions are now being held in Spain looking into the possibility of granting legal personality to robots. The increasing presence of artificial intelligence in our everyday life is rather objective. Nevertheless, it causes peoples inconvenience and anxiety. It is difficult for the legislator to define the level of his impact which he or she can actually have on the problems of legal regulation of the usage of using the artificial intelligence, including the issues concerning prevention of crimes that involve robots. The purpose of the following article is to study a number of concepts of legal personality of artificial intelligence in Spain. Some possibilities of proving a legal framework in the Spanish legislation for these concepts are considered. A number of probable problems caused by the vagueness of robots legal status are examined. The opportunity of perception of artificial intelligence as a subject of law in Spanish legislation is determined. The leading methods of this research were systematic and comparative approaches, methods of synthesis and analysis, which allowed to analyze, summarize and systematize the concepts of legal personality of artificial intelligence in Spain. As a result of studying the following issues, the authors came to the conclusion that there exists a crucial need to establish some limits of legal personality of robots. The public need for formation of a certain legal framework allowing to resolve ethical and legal conflicts with participation of artificial intelligence was discovered. The endeavor of society to harmonize the legislation in the field of robotics at the international level was revealed. The necessity of hindering the usage of robots for criminal purposes was proved.

scholarly journals The Accountability of Armed Groups under Human Rights Law

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Criminal Law ◽  
Added Value ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Legal Personality ◽  
New Perspective

Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations Special Rapporteurs holding armed groups to account under this body of law are relatively commonplace. Motivated by this contradiction, this study aims to clarify when and how armed groups are bound by human rights law. It brings several key issues of clarification to the legal framework. The first part of the book presents a new perspective on the role that human rights law plays in the legal framework that applies to non-international armed conflict. In particular, the study investigates the normative added value that human rights law can bring vis-à-vis international humanitarian law. The second part of the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. Combining historical and comparative research with theoretical analysis on international legal personality, the research demonstrates what the legal frameworks of belligerency, insurgency, and international humanitarian law can tell us about when and how such groups may be bound by human rights law. The third part of the book tests and investigates the four most utilized theories of how armed groups are bound by human rights law, examining (i) treaty law, (ii) control of territory, (iii) international criminal law, and (iv) customary international law. The book’s conclusions are drawn together thematically and contain important practical recommendations for practitioners in this field.

scholarly journals Legal Regulation of Robots and Artificial Intelligence in Latin America, the Problem of Human Rights and AI

Lex Russica ◽  
2020 ◽  
pp. 127-136
Author(s):  
A. Zh. Stepanyan ◽  
T. S. Zaplatina
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Latin America ◽  
Legal Status ◽  
Human Person ◽  
Legal Regulation ◽  
Human Intelligence ◽  
Legal Personality ◽  
Ethical Conflicts ◽  
The Right

We are currently experiencing a new revolution, which is related to the Internet, nanotechnology, biotechnology and robotics. Artificial intelligence is based on intelligent algorithms or learning algorithms similar to human intelligence, technologies make it possible for computer systems to acquire independence, self-adaptive reconfiguration. The greater the autonomy of AI, robots, and androids, the less they depend on manufacturers, owners, and users.The fact that the new generation of robots will coexist with humans should be taken into account in legislation, it should adapt and regulate issues of great legal significance, namely: who takes responsibility for the actions or inaction of intelligent robots? What is their legal status? Should they have a special regime of rights and obligations? How to resolve ethical conflicts related to their behavior?The analysis of legislation and doctrine in Latin America has revealed some trends in the use of AI.1. The use of AI in various spheres of public life causes legal problems in terms of guaranteeing human rights, as evidenced by the analysis of the constitutions of Brazil, Mexico and Argentina. For example, article 8 of the American Convention on Human Rights states: "Everyone has the right to have his case heard, with appropriate guarantees and within a reasonable period of time, before a competent, independent and impartial court convened in advance by law in support of any criminal charge brought against him or to determine his rights or obligations of a civil, labour, financial or any other nature."2. The similarity of AI and human intelligence raises the question of legal personality of AI, granting AI rights. The civil and commercial code of Argentina departs from the category of "human person" and establishes the term "legal persons": "all persons to whom the legal system grants the ability to acquire rights are legal persons for the purpose of fulfilling their purpose and obligations".The line between things and people is becoming more blurred, technology and a more sensitive view of other living beings lead to doubt whether man is the sole subject of law.

scholarly journals LEGAL AND PRACTICAL PROBLEMS OF USE OF ARTIFICIAL INTELLIGENCE-BASED ROBOTS IN FORENSIC PSYCHIATRY

2021 ◽  
Vol 74 (11) ◽  
pp. 3042-3047
Author(s):  
Inga Kudeikina ◽  
Marina Loseviča ◽  
Nataliya O. Gutorova
Keyword(s):  
Artificial Intelligence ◽  
Mental Illness ◽  
Human Rights ◽  
Forensic Psychiatry ◽  
Legal Framework ◽  
Sociological Research ◽  
Automated Systems ◽  
Mentally Disabled ◽  
The Public ◽  
The Republic

The aim: This research aims to analyze the possibilities of using artificial intelligence-based robotics in forensic psychiatry to assess the public hazard of a mentally disabled or suffering from a mental illness to improve the legal framework governing the use of compulsory medical measures. Materials and methods: This study is based on the Republic of Latvia and Ukraine’s regulatory acts and the juridical practice of the Republic of Latvia. Dialectical, comparative, analytic, synthetic, system analyses, and sociological research methods were used. Conclusions: Different automated systems, including artificial intelligence-based robotics, can and should be used in forensic psychiatry. The last one would effectively improve the process of achieving goals in forensic psychiatry and help prevent subjective errors. At the same time, the application of artificial intelligence-based robotics in forensic psychiatry requires uniform medical and legal criteria to prevent violation of human rights.

scholarly journals ON THE REGULATION AND CONTENT OF A LEGAL FRAMEWORK FOR HUMAN INTERACTION WITH ARTIFICIAL INTELLIGENCE, ROBOTS AND OBJECTS OF ROBOTICS

2020 ◽  
Vol 16 (4-1) ◽  
pp. 64-75
Author(s):  
Анна Попова
Keyword(s):  
Artificial Intelligence ◽  
Intelligent Agents ◽  
Legal Framework ◽  
Human Interaction ◽  
Legal Analysis ◽  
Dialectical Logic ◽  
Legal Principles ◽  
Intelligent Robots ◽  
Strong Artificial Intelligence ◽  
Foreign Countries

Due to the emergence of technological solutions that allow creating systems based on strong artificial intelligence (AI), and the high probability of developing super-strong AI in the near future, special презумпцию невиновности человека attention has recently been paid to the legal problems of regulating the interaction of humans and society with new intelligent agents. The purpose of the research is to analyze modern legal principles of interaction between humans and artificial intelligence, neural networks and intelligent robots, which are the necessary basis for forming modern legislation in this area in Russia and foreign countries. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic are used. Special scientific methods are used: comparative-legal, legal-dogmatic. Results: the study allows us to determine a number of relevant legal principles of human interaction with AI as well as with robots and other objects of robotics, based on a comparative legal analysis of the current legislation. They are the principle of humanism; the principle of justice; the prohibition of discrimination when using AI, robots and objects of robotics; the presumption of human innocence; the principle of human innocence; the principle of respect for human dignity; the principle of confidentiality; the principle of disclosure of information on the development, production and use of robots and artificial intelligence; the principle of autonomy of will when using systems equipped with AI; the principle of the presumption of consent; the principle of informed consent to the use (impact) of systems equipped with AI.

THE RELATIONSHIP BETWEEN THE CONCEPTS OF "HUMAN RIGHTS" AND "FREEDOM OF THE PERSON»

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The Relationship

Статья посвящена характеристике юридических категорий «права человека» и «свободы человека». В работе проводится анализ российской законодательной и международной-правовой базы, а также вопрос соотношения исследуемых понятий. В заключении работы делается вывод об ограниченности прав и свобод человека границами права и свобод другого человека. The article is devoted to the characteristics of the legal categories "human rights" and"human freedoms". The paper analyzes the Russian legislative and international legal framework, as well as the question of the correlation of the studied concepts. In conclusion, the paper concludes that human rights and freedoms are limited by the boundaries of the rights and freedoms of another person.

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