Legal Challenges of Artificial Intelligence in Healthcare

Right to health is a fundamental right defined in World Health Organization 1946 as “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being”. Because right to health is recognized as human rightHuman rights, every human being must have access to health services without distinction of race, gender, or economic status. In addition, beyond health services, there are several rights such as the right to freedom from discriminationDiscrimination, and the right to benefit from scientific progress and its applications providing sufficient protection for right to health. Accordingly, to promote right to health information technologiesTechnology play a significant role. Due to technologic developments, artificial intelligenceArtificial Intelligence (AI) (AI) is used in healthcareHealthcare for a number of implementations. AI applications provide many advantages in medical care. However, there are also significant risks of AI applications. AI might cause infringement of the right to health considering discriminationDiscrimination. There are several research illustrating discriminationDiscrimination due to algorithmic biasBias in health sector. The discriminationDiscrimination might be unintentionally and more. AI systemsAI systems are capable of learning progression. The dataData that AI systemsAI systems are designed from might incorporate cognitive biases. AI systemAI systems learns from both training dataTraining data and its own experience. As a result, the AI learning progression may unintentionally lead more discriminationDiscrimination and hurt patientsPatients. To prevent algorithmic discriminationDiscrimination and infringement on human rightsHuman rights, this work proposes not only new laws and policies but also measures for standards of technical tools. Last, but not least considering that training dataTraining data that causes decision-makingDecision-making biasBias of AI applications, is consist of health careHealthcare professionals’ decisions, health careHealthcare professionals should be educated about antiracism to provide sufficient protection on right to health.