[Paper Review] Artificial intelligence, human rights, democracy, and the rule of law: a primer

David Leslie, Christopher Burr+4 more|arXiv (Cornell University)|Mar 26, 2021

Legal and Policy Issues17 citations

TL;DR

This primer outlines the Council of Europe's Feasibility Study on creating a legal framework for artificial intelligence, grounded in human rights, democracy, and the rule of law. It proposes using existing international human rights law as a foundation for binding and non-binding instruments to address AI's risks and opportunities, aiming to guide inclusive policy development through multi-stakeholder engagement.

ABSTRACT

In September 2019, the Council of Europe's Committee of Ministers adopted the terms of reference for the Ad Hoc Committee on Artificial Intelligence (CAHAI). The CAHAI is charged with examining the feasibility and potential elements of a legal framework for the design, development, and deployment of AI systems that accord with Council of Europe standards across the interrelated areas of human rights, democracy, and the rule of law. As a first and necessary step in carrying out this responsibility, the CAHAI's Feasibility Study, adopted by its plenary in December 2020, has explored options for an international legal response that fills existing gaps in legislation and tailors the use of binding and non-binding legal instruments to the specific risks and opportunities presented by AI systems. The Study examines how the fundamental rights and freedoms that are already codified in international human rights law can be used as the basis for such a legal framework. The purpose of this primer is to introduce the main concepts and principles presented in the CAHAI's Feasibility Study for a general, non-technical audience. It also aims to provide some background information on the areas of AI innovation, human rights law, technology policy, and compliance mechanisms covered therein. In keeping with the Council of Europe's commitment to broad multi-stakeholder consultations, outreach, and engagement, this primer has been designed to help facilitate the meaningful and informed participation of an inclusive group of stakeholders as the CAHAI seeks feedback and guidance regarding the essential issues raised by the Feasibility Study.

Motivation & Objective

• To provide a non-technical overview of the Council of Europe’s Feasibility Study on AI governance for a broad audience.
• To clarify how existing international human rights law can serve as a foundation for regulating AI systems.
• To support inclusive stakeholder engagement by explaining key concepts in AI, human rights, and rule of law.
• To identify gaps in current legislation and propose tailored legal instruments—binding and non-binding—for AI development and deployment.
• To facilitate feedback and guidance from diverse stakeholders on the core issues raised in the Feasibility Study.

Proposed method

• Drawing on the Council of Europe’s mandate and international human rights law, the primer synthesizes principles from existing legal instruments.
• It maps AI system risks and opportunities to established human rights standards, such as non-discrimination, privacy, and due process.
• The approach emphasizes the interdependence of human rights, democracy, and the rule of law in AI governance.
• It outlines mechanisms for compliance, including oversight, transparency, and accountability in AI systems.
• The primer uses accessible language and structured explanations to ensure broad stakeholder comprehension and participation.
• It integrates input from multi-stakeholder consultations to ensure inclusivity and legitimacy in shaping future AI policy.

Experimental results

Research questions

• RQ1 How can existing international human rights law be applied to regulate artificial intelligence systems?
• RQ2 What are the key risks and opportunities posed by AI in relation to human rights, democracy, and the rule of law?
• RQ3 What types of legal instruments—binding or non-binding—are most appropriate for addressing AI-related challenges?
• RQ4 How can inclusive, multi-stakeholder processes enhance the legitimacy and effectiveness of AI governance frameworks?
• RQ5 What role do principles like transparency, accountability, and non-discrimination play in shaping a just AI ecosystem?

Key findings

• The Feasibility Study identifies significant gaps in current legislation governing AI, particularly in cross-border and systemic risk regulation.
• Existing international human rights law provides a robust foundation for developing a legal framework for AI, especially in protecting fundamental rights.
• The study affirms that human rights, democracy, and the rule of law are mutually reinforcing principles in AI governance.
• The Council of Europe’s approach prioritizes binding legal instruments where necessary and non-binding guidance where appropriate, based on risk assessment.
• Stakeholder engagement is essential for ensuring legitimacy, transparency, and effectiveness in shaping AI regulations.
• The primer successfully enables non-technical audiences to understand complex legal and ethical dimensions of AI, facilitating broader participation in policy development.