Artificial Intelligence in Social and Health Services: A New Challenge for Public Authorities in Ensuring Constitutional Rights

2021 ◽  
Author(s):  
Guerino Fares
Keyword(s):  
Artificial Intelligence ◽  
Health Services ◽  
Constitutional Rights ◽  
Public Authorities

‘New’ Social Democracy before the Court of Justice

2006 ◽  
Vol 8 ◽  
pp. 95-114
Author(s):  
Nina Boeger
Keyword(s):  
Social Democracy ◽  
Internal Market ◽  
Welfare States ◽  
Constitutional Rights ◽  
Individual Choice ◽  
Third Way ◽  
Public Authorities ◽  
Conflict Situations ◽  
Core Idea ◽  
Third Way Politics

Community law has seen some of the fiercest battles over ‘new’ social democracy and ‘Third Way’ politics. To simplify somewhat, the core idea of the Third Way is to rely on the market to provide services to the public efficiently, without however disconnecting them from certain key social values. In the Community legal order, these social policy devices invite the application of the Community’s economic jurisdiction, where public services can be classified as ‘market’ services. They frequently lead to what Joerges has labelled ‘diagonal’ conflicts between the Community’s economic law and its competence to uphold the EU Internal Market, and the Member States’ individual choice, and competence, to administer their welfare states. In ‘diagonal’ conflict situations, a single set of facts is analysed via two different ‘logics’, one following the economic perspective of the Internal Market, and the other marking the Member State’s political and social competence, where states are regularly guided by a more diffuse set of values, including public and constitutional rights, and practical political pressures. Whilst states may well invite the market into their welfare state, for example as part of a political ‘third way’ solution, the national electorate, who will ultimately hold public authorities accountable, are likely to concentrate their judgement on the realisation of substantive public service targets rather than how they have been achieved.

scholarly journals Re-Assessment of “Claw-Back” Clauses in the Enforcement of Human and Peoples’ Rights in Africa

2019 ◽  
Vol 24 (38) ◽  
pp. 1-22
Author(s):  
William Edward Adjei
Keyword(s):  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Public Authorities ◽  
Legal Structure ◽  
Strong Principle ◽  
African Charter ◽  
Negative Duty ◽  
The Impact ◽  
State Interference

Abstract One of the continuing problems, which had faced the African Charter, is many of its substantive provisions that are raven with qualifications without reasonable justification. These rights guaranteed under the Charter are subject to “claw-back” clauses that are introduced by governments and public authorities thereby undermining their citizen‟s basic constitutional rights of securing fundamental freedoms. They are those rights that impose negative duty on the state and are meant to promote the values of pluralism, equality and human dignity, which should be enjoyed free from state interference. It is in the interference of these rights that commentators have frequently criticized the African Charter for rendering its protective mandate meaningless and unenforceable. With hindsight, it is evident that the foregoing critique levelled against the “claw-back” clauses under Charter is justified, as they have a chilling effect on the exercise of human and peoples‟ rights on the African continent. Such condition has produced intense academic discussion on the interpretation and implications of the rights and freedoms enshrined in the Charter. None the less, the scope and the significance of the legal measures adopted by the African Commission have minimized the impact of the clauses affected considerably. Accordingly, a strong principle of interpretation adopted by the Commission has contributed to shaping the Charter‟s legal structure in harmony with international human rights law standards.

Republicanizing Rights?

2019 ◽  
pp. 197-218
Author(s):  
Eoin Daly
Keyword(s):  
Human Dignity ◽  
Judicial Review ◽  
Constitutional Rights ◽  
Public Authorities ◽  
Constitutional Adjudication

This chapter contends that the republican argument against judicial review is misplaced, illustrating this argument by reference to the doctrine of proportionality. Whereas constitutional rights are often understood as placing fixed limits on politics, transcending historical and political contingencies, the doctrine of proportionality in particular enables the understanding of constitutional adjudication as accounting for the instability, the contestability, and even the indeterminacy of rights. In short, the doctrine is consistent with an understanding of rights as falling within the ‘circumstances of politics.’ In particular, constitutional rights can be understood not as guaranteeing spheres of presumptive immunity for particular kinds of activities presumed as essential to human dignity or autonomy, but rather as requiring public authorities to provide special kinds of justifications for specific kinds of acts (just as Forst, in particular, suggests).

Debunking the myth of industry 4.0 in health care: insights from a systematic literature review

2020 ◽  
Vol 32 (4) ◽  
pp. 849-868 ◽  
Author(s):  
Mauro Cavallone ◽  
Rocco Palumbo
Keyword(s):  
Artificial Intelligence ◽  
Health Care ◽  
Health Services ◽  
Literature Review ◽  
Systematic Literature Review ◽  
Industry 4.0 ◽  
Services Quality ◽  
State Of The Art ◽  
The State ◽  
Content Type

PurposeIndustry 4.0, artificial intelligence and digitalization have got a momentum in health care. However, scholars and practitioners do not agree on their implications on health services' quality and effectiveness. The article aims at shedding light on the applications, aftermaths and drawbacks of industry 4.0 in health care, summarizing the state of the art.Design/methodology/approachA systematic literature review was undertaken. We arranged an ad hoc research design, which was tailored to the study purposes. Three citation databases were queried. We collected 1,194 scientific papers which were carefully considered for inclusion in this systematic literature review. After three rounds of analysis, 40 papers were taken into consideration.FindingsIndustry 4.0, artificial intelligence and digitalization are revolutionizing the design and the delivery of care. They are expected to enhance health services' quality and effectiveness, paving the way for more direct patient–provider relationships. In addition, they have been argued to allow a more appropriate use of available resources. There is a dark side of health care 4.0 involving both management and ethical issues.Research limitations/implicationsIndustry 4.0 in health care should not be conceived as a self-nourishing innovation; rather, it needs to be carefully steered at both the policy and management levels. On the one hand, comprehensive governance models are required to realize the full potential of health 4.0. On the other hand, the drawbacks of industry 4.0 should be timely recognized and thoroughly addressed.Originality/valueThe article contextualizes the state of the art of industry 4.0 in the health care context, providing some insights for further conceptual and empirical developments.

scholarly journals Digitization of justice in the context of the COVID-19 pandemic and the implications of digitalization on constitutional rights

2020 ◽  
pp. 11-30
Author(s):  
RUXANDRA ANDREEA BĂNICĂ
Keyword(s):  
Artificial Intelligence ◽  
Virtual Environment ◽  
Digital Age ◽  
The State ◽  
Constitutional Rights ◽  
Rigorous Analysis ◽  
Electronic Signatures ◽  
Electronic File ◽  
Restructuring Process ◽  
Human Component

The article aims to generate a preliminary radiography on the actual stage of digitalization of justice in Romania, offering a perspective on its evolution both domestically and internationally, a development forced, at least in appearance, by the COVID-19 pandemic and restrictions imposed by it. The electronic file, the usual use of electronic signatures in trials, as well as the multitude of information provided in the virtual environment by public judicial institutions are some essential aspects that define the beginnings of this deeply restructuring process. The most important question, on which no rigorous analysis has been carried out so far, remains the following: how does this process impact the constitutional rights of citizens? In the chase after the alignment to the European approaches, to the evolution and speed of the digital age in which we live, we lose sight of the fact that the Romanian citizens may not be prepared for this process. The human component fades in front of the benefits of artificial intelligence, adaptation at any cost is required by society, and indirectly, by the state, without providing the necessary resources in this regard. We propose a necessary reading from the perspective of affecting some rights guaranteed by the Constitution through digitization, aspects worthy of consideration.

scholarly journals COVID-19 pandemic. New challenge for constitutional relations

2020 ◽  
Vol 4 (3) ◽  
pp. 69-75
Author(s):  
Evgeniya V. Lungu
Keyword(s):  
Human Rights ◽  
Public Safety ◽  
The State ◽  
Healthcare Sector ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Significant Drop ◽  
Public Authorities ◽  
Economic Problems ◽  
Individual Human

The subject. Current constitutional legal relations are considered in the context of the objective legal reality of the COVID-19 pandemic. The purpose of the article is confirmation or confutation of the hypothesis that COVID-19 pandemic impacts on the development of constitutional relations. The methodology. The author uses the method of comparative legal analysis legal measures aiming the minimization of pandemic’s impact on society and formal legal analysis of legislative acts. The main results of the research. It is alleged that the COVID-19 pandemic had a significant impact on the state of constitutional legal relations and revealed the most acute social and economic problems in all areas of public life. The development of constitutional legal relations in a pandemic will lead, firstly, to a new correlation of collective and individual human rights. As a result of a pandemic, constitutional legal relations in the healthcare sector will move from the category of individual right to life and health to the category of public interest. When the health of an individual citizen is a guarantee of economic and public safety. Secondly, the development of the institution of self-limitation of constitutional human rights. From the position of law, self-restriction of rights allows: to ensure personal and public safety of citizens; avoid introducing restrictions on constitutional rights and freedoms; eliminate redundancy of human rights restrictions. Self-limitation of constitutional human rights is considered as conscious voluntary abstinence from the exercise of constitutional rights on the recommendation of public authorities in an emergency or other conditions close to them (high alert, self-isolation) in order to ensure public and personal safety. Self-limitation of constitutional human rights allows us to observe the constitutional balance of personal and public interests. Thirdly, the experience of combating a pandemic has shown that if the population is able to cope with the consequences of a short-term restriction of their rights on their own, then long-term quarantine measures lead to a significant drop in incomes of the population and must be compensated by the state. Conclusions. The COVID-19 coronavirus pandemic on the one hand triggered a new stage of constitutional legal relations, and on the other hand, like any emergency, exposed the most acute social and economic problems in society. The development of constitutional legal relations in the context of the emerging digital society and the state will not only lead to the development of new principles of constitutional development and, as a result, to constitutional legal relations of a new, digital level, but also affect such areas as the ratio of collective and individual human rights; development of the institution of self-restriction of human rights; further improvement of compensatory constitutional legal relations.

EU-US will clash on artificial intelligence regulation

2020 ◽  
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Law Enforcement ◽  
Facial Recognition ◽  
The United States ◽  
Public Authorities ◽  
Content Type ◽  
Regulatory Strategy ◽  
Innovative Potential

Significance Its guidance will probably be at odds with the approach adopted by the United States. Impacts European AI firms will criticise a tougher regulatory strategy, fearing restrictions on their innovative potential, as well as from abroad. Larger tech companies will be better able to adapt to AI regulations than their smaller competitors. Public authorities, and law enforcement especially, will push back against facial recognition bans.

Artificial Intelligence guided citizen-centric approach to enhance uptake of maternal health services among pregnant women living in urban slum settings in India. (Preprint)

2021 ◽  
Author(s):  
Rahul Shrivastava ◽  
Manmohan Singhal ◽  
Mansi Gupta ◽  
Ashish Joshi
Keyword(s):  
Artificial Intelligence ◽  
Decision Support ◽  
Maternal Health ◽  
Health Services ◽  
Antenatal Care ◽  
Pregnant Women ◽  
Resource Planning ◽  
Urban Slum ◽  
Maternal Health Services ◽  
Urban Slums

BACKGROUND Pregnant women are considered to be a “high risk” group with limited access to health facilities in urban slums. Barriers to utilization of health services may lead to maternal and child mortality, morbidity, low birth weight, and children with stunted growth. Application of artificial intelligence (AI) can provide substantial improvements in all areas of healthcare from diagnostics to treatment. There have been several technological advances within the field of AI, however, AI not merely driven by what is technically feasible, but by what is humanly desirable is the need of the hour. OBJECTIVE The objective of our study is to develop and evaluate the AI guided citizen centric platform to enhance the uptake of maternal health services (antenatal care) amongst the pregnant women living in urban slum settings. METHODS A cross-sectional mixed method approach employed to collect data among pregnant women, aged 18-44 years, living in urban slums of South Delhi. A convenience sampling used to recruit 225 participants at the Anganwadi centres (AWC) after obtaining consent from the eligible participants. Inclusion criteria includes pregnant individuals residing in urban slums for more than 3 months, having smartphones, visiting AWC for seeking antenatal care. Quantitative and qualitative data will be collected electronically using Open Data Kit (ODK) based opensource tool from eligible participants. Data will be collected on clinical as well as socio-demographic parameters (based on existing literature). We aim to develop an innovative AI guided citizen centric decision support platform to effectively manage pregnancy and its outcomes among urban poor populations. The proposed research will help policymakers to prioritize resource planning, resource allocation and development of programs and policies to enhance maternal health outcomes. RESULTS The AI guided citizen centric decision support platform will be designed, developed, implemented and evaluated using principles of human centred design and findings of the study will be reported to diverse stakeholders. The tested and revised platform will be deployed for use across various stakeholders such as pregnant women, healthcare professionals, frontline workers, and policymakers. CONCLUSIONS With the understanding, use and adoption of emerging and innovative technologies such as AI, maternal health informatics can be at the forefront to help pregnant women in crisis. The proposed platform will potentially be scaled up to different geographic locations for adoption for similar and other health conditions.

HUMAN RIGHTS Evolution in the digital era

2021 ◽  
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Interpersonal Communication ◽  
The United States ◽  
European Countries ◽  
Added Value ◽  
Public Authorities ◽  
Human Thinking ◽  
Individual Contact ◽  
The Right

This publication contains studies conducted by authors from several European countries that have cooperated with each other for many years in the field of human rights. The fruit of this cooperation are numerous conferences and publications in various languages. What is most important, however, is the exchange of experiences and opinions on understanding and application of individual human rights from the perspective of the experiences of societies living in the European cultural circle, and at the same time functioning in different historical and geographical conditions. This publication is an attempt to look at human rights from the perspective of the dynamic progress that is connected with the development of ICT tools. It is not only about digitization or automation of human work, but above all about creating a virtual society, in which artificial intelligence plays an important role. A significant part of human activity, especially interpersonal communication, takes place with the use of social media. Moreover, individual contact with public authorities are being gradually replaced by intelligent computer programs. In the United States, there is already an IT system, which adjudicates in minor misdemeanor cases. Modern researches in IT sector aim to build programs that allow to support human thinking through recommendation algorithms or suggesting automatically learned solutions, and even aim at autonomous decision-making. This last level of shifting responsibility for decisions to artificial intelligence is assessed extremely positive by many people, but also brings many fears. A virtual society built with the use of artificial intelligence changes the perception of many human rights, such as the right to good name, the right to freely express one’s opinion, the right to property, the right to state or national identity. Hence this publication contains various opinions on the artificial intelligence and its role in the functioning of society and importance for the life of an individual. The added value of this publication is the fact that it contains balanced views and assessments of authors from various European countries and academic societies conducting research on digital reality. This publication will certainly allow the reader to form his or her own opinion on human rights in the context of artificial intelligence.

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