Protecting Human Rights in the Era of AI
摘要
In an era of new technologies and digitization, it is undeniable that artificial intelligence has made its subtle but indispensable way into all aspects of our lives, generating both undeniable positive effects for humanity, but also negative effects. Artificial intelligence and its effects on humanity represent the topics of interest of the moment, being today at the point where the entire legal system has to be adapted to this reality. The main international actors in the field of fundamental rights have not hesitated in the face of this new challenge of technological progress and have acted to guarantee fundamental rights, ensuring that they are strengthened and not undermined by artificial intelligence. Participating in the vision of a global approach to the issue of AI foreshadowed by the UN General Assembly resolution of March 21 this year, but also by the Regulation establishing harmonized rules on artificial intelligence (artificial intelligence law) of the EU, adopted on 13 June this year, on 14 March 2024 the Committee on Artificial Intelligence (CAI) of the Council of Europe (EC) finalized its draft Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, which was reviewed by the Ministers’ Deputies and transmitted to the Committee of Ministers for adoption at its Ministerial Session on 17 May 2024, which marked the 75th anniversary of the continental interstate organization. This treaty is the first of its kind and aims to ensure respect for fundamental rights, democracy and the rule of law throughout the lifetime of artificial intelligence systems, as stated by Marijei Pejčinović Burić, Secretary General of the Council of Europe, at the time of the adoption of the convention. The Framework Convention is open to international ratification in order to allow countries around the world to accede, providing a general international legal framework intended to ensure the operation of trustworthy artificial intelligence systems based on ethical principles and legal guarantees of fundamental rights, democracy, and the rule of law.