<p>The interaction between Artificial Intelligence (AI) technologies and Human Rights Law (HRL) is gaining increasing attention in the literature. Scholars analyse both positive and negative interactions, with risks and harms bearing a stronger emphasis. Amid growing contributions to the field, a methodical synthesis of the literature is missing. This article fills this gap. We begin by mapping the interaction between AI and HRL, focusing on the types of AI applications, the impacted human rights, the relevant jurisdictions, and the involved actors. Then, we develop an interpretative (re)construction of the impact of AI on HRL and discuss how this impact affects the HRL mechanisms. Our mapping analysis reveals common themes that dominate academic discussions, including accountability, fair process, information provision and protection, and effective enforcement. In the final part, we explore the scope and nature of the directions of future AI &amp; HRL literature based on this review’s identification of gaps, blind spots and newly emerging or persistent ambiguities within the literature. In that respect, four key areas emerge as priorities for consideration: the role of private actors, the use of HR impact assessment, the adoption of relational theories, and the potential redefinition of the concept of harm, including through refocusing on vulnerability as a legal concept. Addressing these areas is crucial to strengthening the framework for mitigating AI-related risks to human rights.</p>

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Artificial Intelligence & Human Rights Law: A Thematic Synthesis Review

  • Kostina Prifti,
  • Julie Hoppenbrouwers,
  • Ezra de Leeuw,
  • Alberto Quintavalla,
  • Jeroen Temperman

摘要

The interaction between Artificial Intelligence (AI) technologies and Human Rights Law (HRL) is gaining increasing attention in the literature. Scholars analyse both positive and negative interactions, with risks and harms bearing a stronger emphasis. Amid growing contributions to the field, a methodical synthesis of the literature is missing. This article fills this gap. We begin by mapping the interaction between AI and HRL, focusing on the types of AI applications, the impacted human rights, the relevant jurisdictions, and the involved actors. Then, we develop an interpretative (re)construction of the impact of AI on HRL and discuss how this impact affects the HRL mechanisms. Our mapping analysis reveals common themes that dominate academic discussions, including accountability, fair process, information provision and protection, and effective enforcement. In the final part, we explore the scope and nature of the directions of future AI & HRL literature based on this review’s identification of gaps, blind spots and newly emerging or persistent ambiguities within the literature. In that respect, four key areas emerge as priorities for consideration: the role of private actors, the use of HR impact assessment, the adoption of relational theories, and the potential redefinition of the concept of harm, including through refocusing on vulnerability as a legal concept. Addressing these areas is crucial to strengthening the framework for mitigating AI-related risks to human rights.