This article examines the intersection of artificial intelligence (AI) and international human rights law, analyzing how existing frameworks address emerging technological challenges. While foundational instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) provide robust normative foundations, they lack the specificity to address AI-related threats to privacy, equality, due process, and human dignity. The article traces the historical development of both human rights law and artificial intelligence, identifying critical gaps where AI systems challenge fundamental rights through algorithmic bias, mass surveillance, and automated decision-making. Despite recent frameworks including UNESCO's Recommendation on AI Ethics (2021) and the EU Artificial Intelligence Act (2024), implementation remains hindered by regulatory fragmentation, enforcement gaps, and geopolitical competition. The article concludes by proposing recommendations for binding international legal instruments, harmonized regulations, and inclusive governance mechanisms to ensure AI development aligns with universal human rights principles.
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HUMAN RIGHTS FRAMEWORK AND AI: EVOLVING NORMS, GAPS, AND THE LEGAL IMPERATIVE
Semantic Scholar · 2024
Abstract
This article examines the intersection of artificial intelligence (AI) and international human rights law, analyzing how existing frameworks address emerging technological challenges. While foundational instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) provide robust normative foundations, they lack the specificity to address AI-related threats to privacy, equality, due process, and human dignity. The article traces the historical development of both human rights law and artificial intelligence, identifying critical gaps where AI systems challenge fundamental rights through algorithmic bias, mass surveillance, and automated decision-making. Despite recent frameworks including UNESCO's Recommendation on AI Ethics (2021) and the EU Artificial Intelligence Act (2024), implementation remains hindered by regulatory fragmentation, enforcement gaps, and geopolitical competition. The article concludes by proposing recommendations for binding international legal instruments, harmonized regulations, and inclusive governance mechanisms to ensure AI development aligns with universal human rights principles.