Deusto Journal of Human Rights

Artificial Intelligence and Human Rights: challenges and opportunities in the digital age. Introduction to the monograph

José Miguel Iturmendi Rubia — Sun, 22 Dec 2024 00:00:00 +0100

The article analyzes the relationship between artificial intelligence (AI) and human rights in the context of the digital age, highlighting the challenges and opportunities posed by its rapid development. It examines how AI impacts areas such as privacy, equality, and freedom, addressing associated risks such as algorithmic biases, mass surveillance, and information manipulation. The article also emphasizes the need for a robust ethical and regulatory framework, particularly through initiatives like the European Artificial Intelligence Regulation (RIA), which aims to protect fundamental rights and anticipate ethical issues. The text underscores AI's transformative potential in sectors like health, education, and justice but warns about its negative impact on vulnerable groups and democratic governance. Finally, recommendations are proposed, including strengthening regulation, protecting personal data, and promoting inclusive and responsible technologies.

Human rights, vulnerability and artificial intelligence: an analysis in constitutional perspective

Jorge Castellanos Claramunt — Sun, 22 Dec 2024 00:00:00 +0100

This article addresses the impact of artificial intelligence (AI) on human rights from a constitutional perspective, focusing on the vulnerability of certain groups in the face of technological advances. After an introduction contextualising the relevance of the topic, human rights in the technological context are examined, with a particular focus on the vulnerability of certain groups. An assessment is made of the areas of special protection for these people in relation to the use of AI, and discrimination arising from algorithmic biases is discussed. The conclusions highlight the need for legal research in the field of AI to focus on ensuring that technological progress does not undermine human rights acquired over time. The importance of protecting vulnerable groups, whose vital development may be disproportionately affected by the impact of AI, is emphasised. It identifies areas where the advancement of AI may generate adverse effects on citizens’ rights, underlining the importance of adapting this technological progress to the protection of human rights. It also highlights the risk of algorithmic biases in the processing of personal data, highlighting the need to protect the privacy and data of individuals as fundamental elements to ensure an AI that respects human rights. It concludes that only an AI that respects these rights can contribute to a more advanced and just society, based on democratic principles.

Received: 08 April 2024
Accepted: 16 September 2024

AI in supply chains: freedom from slavery revisited

Migle Laukyte, Lorena María Arismendy Mengual — Sun, 22 Dec 2024 00:00:00 +0100

This paper addresses the link between Artificial Intelligence (AI) and the human and fundamental right to freedom from slavery: in particular, we focus on the modern slavery in global supply chains and the possibility to use AI to identify it. We analyze the slavery and its modern version, situate the AI within the human rights debate and argue that we should not only focus on how AI can violate and infringe the human rights, but also explore how AI could be useful in identifying violations and helping to combat them. We emphasize the need for inclusive datasets and stakeholder oversight and argue in support of AI to enhance transparency of international supply chains while cautioning against biases. We conclude by outlining the importance of responsible AI deployment and making a case for more regulatory efforts to protect the fundamental human right to freedom from slavery in supply chain operations.

Received: 27 May 2024
Accepted: 12 September 2024

The systematics of the European Artificial Intelligence Act in the context of the fundamental rights of the Union: the myth of the digital constitutionalism

Ainhoa Lasa López — Sun, 22 Dec 2024 00:00:00 +0100

In recent years, Artificial Intelligence (AI) bases on data driven and machine learning have been at the centre of debates on the implications of certain uses of this technology on fundamental rights in terms of individual and social risks. At the national level, reflections on whether or not AI systems have their own ontological determinism seem to have come up against the obstacles of the staticity of constitutional frameworks that are still analogical. In the European legal order, the most disruptive digital effects of the so-called knowledge economy on the subject and his or her rights seem to be conditioned by the telos of the centrality of the human being in his/her objective-axial dimension (guarantee of the Union’s values) and subjective dimension (protection of the Union’s fundamental rights). The European Union Artificial Intelligence Act would be its most recent legal-normative concretisation, in line with other norms of secondary law that would outline the dynamics of the so-called digital constitutionalism.

Received: 28 May 2024
Accepted: 12 September 2024

Facing fundamental rights in the age of preventive ex ante AI: a contemporary form of discrimination

María Teresa García-Berrio Hernández — Sun, 22 Dec 2024 00:00:00 +0100

As Artificial Intelligence (AI) systems become increasingly integrated into the social fabric of contemporary communities, ethical considerations surrounding their impact on fundamental rights have come to the fore. Indeed, the growing significance of AI has recently prompted a pivotal discourse within academic and policy circles in Europe concerning the development of an ethical framework for human-centric AI. As part of a broader research project examining the implications of AI on fundamental rights, particularly the right to non-discrimination, our objective is to present a preliminary overview of fundamental rights’ risk management in the context of AI. In light of the significant impact of AI on vulnerable individuals and minorities, our discussion will subsequently address critical areas of concern related to the EU AI Act, including algorithmic bias and its constituent elements of discrimination based on ethnicity or religion.

Received: 06 June 2024
Accepted: 22 November 2024

Opportunities and challenges of AI chatbots for digital youth information, advice, and counselling services in Europe

Alonso Escamilla, Paula Gonzalo — Sun, 22 Dec 2024 00:00:00 +0100

New technologies such as artificial intelligence (AI), applications and platforms are becoming more common in youth services and non-formal education, with chatbots being key examples. However, many chatbots often fail to take into account the profiles, requirements and rights of young users leading to potential risks such as biases, polarization, and low data protection standards. In carrying out this research, a literature review was done to determine the history of youth services in Europe and the prevalence of chatbots. A series of interviews with representatives of organizations that either represented young people or provided youth services at the European level were held to share their experiences and describe the key features needed for a correct use of chatbots on youth services. This study highlights the practical possibilities and limitations of AI chatbots, and the need to codesign AI tools with youth organizations and young people in order to minimize threats and maximize the effectiveness of digital youth information, advice, and counselling services in Europe.

Received: 30 May 2024
Accepted: 22 October 2024

The human right to participate and its connection to artificial intelligence

María Dolores Montero Caro — Sun, 22 Dec 2024 00:00:00 +0100

This article analyses the right to participate in democracy as a human right and its link to the development and implementation of artificial intelligence. First, it explores the fundamental aspect of the right to participate as a human right in the democratic framework, reflecting on its importance and its basic function of generating open spaces for the debate and presentation of other rights, highlighting that political participation generates a pull effect on other rights as citizens are in a favourable position for the defence and recognition of their rights. Next, emphasis is placed on the role of emerging technologies in facilitating and enhancing democratic engagement, bearing in mind that technological development has a direct influence on all aspects of people’s lives, so that democracy in general, and each society’s methods of organisation in particular, are also affected. Finally, a significant part of the discussion revolves around the future perspective of artificial intelligence and its potential impact on democracy, exploring both favourable developments and potential challenges. Artificial intelligence will undoubtedly continue to conquer more spheres of human endeavour, so it is worth reflecting on the importance of adapting this new technology to the future of democracies, while respecting its essential elements and guaranteeing citizens’ fundamental rights. Finally, the article concludes by summarising the main ideas and implications, underlining the critical importance of safeguarding democratic principles in the midst of technological advances.

Received: 30 May 2024
Accepted: 02 December 2024

Towards a better protection of human rights through the use of AI and related technologies in budgeting and auditing of public expenditure

María Amparo Grau Ruiz — Sun, 22 Dec 2024 00:00:00 +0100

The full potential of many human rights cannot be reached due to the economic costs in their development. The use of artificial intelligence and related technologies in budgetary and audit processes could help in a better allocation of scarce public resources and deliver savings due to better targeting in programming and execution, avoiding irregularities and corruption. When public and corporate organizations automate processes, monitoring should ensure their compliance with regulation or voluntary commitments affecting environmental, social, and governance criteria. Many funds are granted to support digitalization processes if safeguards related to human rights are respected. The provision of goods and services like health and education is often subject to additional technological requirements. In both cases, an efficient supervision is crucial for fairness, in terms of accessibility and the effective protection of human rights.

Received: 08 September 2024
Accepted: 10 December 2024

Ethics, challenges and risks in access to algorithmic justice

José Carlos Fernández Rozas — Sun, 22 Dec 2024 00:00:00 +0100

Socially, AI raises concerns about the privacy of conflicting parties, as well as questions about the transparency, accuracy and reliability of algorithms used in judicial processes. The aim of this article is to examine AI developments and their impact on human rights from social and legal perspectives, providing elements to address the eventual challenges of the increased use of its different applications. Starting from its immense possibilities it is argued that such AI applications can help society but drawing attention to the different legal issues and the associated complexity derived in the legal profession, analysing their advantages, risks, and future professional perspectives. A change in professional tasks is anticipated, where repetitive activities will be less valued, while consultancy and legal advice will become more important, requiring technical-legal knowledge adapted to technological development. In terms of professional ethics, legal operators must understand the capabilities and risks of AI, bearing in mind that current ethical rules must be updated to address its particularities.

Received: 19 May 2024
Accepted: 08 August 2024

Ethics in crisis: The impact of the autonomous arms race on our moral values

Jorge Couceiro Monteagudo — Sun, 22 Dec 2024 00:00:00 +0100

Systematic killings have been part of the darkest episodes in history. Today, they are presented as a goal in warfare, especially with military AI and autonomous weapons. Proponents claim that these weapons will surpass humans in military capability and morale, offering more precise and emotionless violence. However, we argue that these weapons replicate and intensify the moral challenges of the past. Autonomous violence morally devalues victims and reduces the moral responsibility of attackers, jeopardising restrictions on the use of military force.

Received: 31 May 2024
Accepted: 25 September 2024

The ADR as a human right to choose another form of justice and AI as a way to facilitate its effectiveness

Ana María Vall Rius — Sun, 22 Dec 2024 00:00:00 +0100

The acronym ADR (Appropriate Dispute Resolution) or in Spanish MASC (Appropriate Methods of Dispute Resolution) encompasses a set of peaceful conflict management methodologies that represent a new way of understanding justice, in which citizens themselves are directly involved in the search for constructive solutions. For this reason, the commitments that are reached, in addition to being consensual, respond better to the needs and circumstances of each person, each case and situation. Many experts in the field understand that being able to choose the effective application of any of these methods to manage discrepancies and interpersonal conflicts is a right that must be within the reach and disposal of all people without any type of discrimination or insurmountable obstacle, at the same time, as well as the right of access to Justice, since these methods offer a new meaning to the old expression of “doing justice.” For this reason, it is necessary to have so-called Artificial Intelligence (AI) systems that facilitate this new paradigm also becoming a reality in situations in which, due to various circumstances, a personal meeting between the parties in conflict is not feasible or is not desirable.

Received: 29 May 2024
Accepted: 22 November 2024

The candor of corporate social responsibility to safeguard human rights from artificial intelligence

Raúl López González — Sun, 22 Dec 2024 00:00:00 +0100

Ethics, philosophy and science have allowed humanity to solve the most complex challenges throughout its history. Human dignity is the ultimate goal of a civilization, both the Renaissance and the Enlightenment synthesize the best of science and thought. For science and human dignity came nuclear energy, genetics, digitalization, neuroscience and cognitive computing, which today move human civilization towards the fourth industrial revolution. In human dignity, it is imperative to recognize the authentic legacy of Adam Smith. His greatest critics have not read his theory of moral sentiment, and his greatest defenders discredit that Smith was first and foremost a humanist, then an economist. The most seasoned managers will embrace a capitalism committed to human dignity, without complexes. This essay links capitalism and technology, to extol privacy and decent work.

Received: 30 May 2024
Accepted: 07 September 2024

Impact of artificial intelligence on data subjects’ rights: a practical overview

María Luisa González Tapia — Sun, 22 Dec 2024 00:00:00 +0100

The so-called data subjects ‘rights, regulated in Chapter III of Regulation (EU) 2016/679, are one of the most relevant guarantees available to individuals to gain effective control over their personal data. These rights include the rights of access, rectification, erasure, objection, portability and restriction of processing, in addition to the hitherto little-exercised right not to be subject to automated decisions. As a general rule, these rights are directly enforceable against the controller, who must provide a formal response within a defined period of time, even in those cases where a refusal of the request is appropriate. This article analyses the changes that the successive implementation of artificial intelligence systems may bring about in the requests of data subjects and the practical problems that data controllers who have to respond to them will probably face. In particular, it highlights the importance of a proper interpretation and application of Article 22 of Regulation (EU) 2016/679 on automated decisions.

Received: 30 May 2024
Accepted: 25 Octubre 2024

The ethical-legal challenges in the use of Artificial Intelligence for the massive processing of biometric data

Nuria Cuadrado Gamarra — Sun, 22 Dec 2024 00:00:00 +0100

The article examines the intersection between Artificial Intelligence (AI) and the massive processing of biometric data, emphasizing emerging ethical and legal challenges. It begins by contextualizing the increasing use of AI in systems utilizing biometric data such as facial recognition, fingerprints, iris scan and voice. The complexity of collecting, storing, and utilizing biometric data on a large scale is analyzed, focusing on privacy, security, and informed consent. Additionally, it addresses biases and their implications, highlighting potential discriminatory impacts and the challenges in safeguarding fundamental rights within these systems.

Received: 31 May 2024
Accepted: 04 August 2024

Balcerzak, Michal and Julia Kapelańska-Pręgowska, eds. 2024. Artificial Intelligence and International Human Rights Law. Developing Standards for a Changing World

Itziar Artíñano Ortiz — Sun, 22 Dec 2024 00:00:00 +0100

This work analyzes the intersections between artificial intelligence (AI) and human rights from an international perspective. It analyzes the regulatory efforts of essential entities such as the United Nations, the Council of Europe, and the European Union. Recent initiatives that aim to establish ethical and legal standards to address the risks associated with AI are highlighted. Mass surveillance, algorithmic bias, and privacy violations stand out among these aspects. The book takes a unique approach, integrating a normative perspective with analyses of specific cases to examine the impact of artificial intelligence in key areas such as justice, health, labor rights, and privacy. It delves into challenges such as video manipulation, facial recognition regulations, and ethical conflicts in applying autonomous technologies in international settings. The book underscores the necessity of a flexible legal framework that accommodates technological advances while upholding fundamental rights. It also underscores the need to strengthen the responsibility of states and private entities to protect these rights. This volume is a fundamental reference point in the creation of international norms that ensure artificial intelligence respects human rights and proactively participates in their promotion in a globalized and constantly evolving world. Its insights are invaluable in the field of AI ethics and human rights.

Cotino, Lorenzo y Jorge Castellanos, eds. 2023. Algoritmos abiertos y que no discriminen en el sector público. Valencia: Tirant lo Blanch. 292 p.

José Miguel Iturmendi Rubia — Sun, 22 Dec 2024 00:00:00 +0100

The book "Open and Non-Discriminatory Algorithms in the Public Sector", edited by Lorenzo Cotino Hueso and Jorge Castellanos Claramunt, examines the ethical, legal, and social challenges posed by artificial intelligence (AI) in public administration. The work addresses risks such as opacity, algorithmic biases, and automated decisions that may infringe upon fundamental rights. Through an interdisciplinary approach, it proposes solutions such as algorithmic impact assessments, periodic audits, human oversight, and public registries to ensure transparency and accountability. It highlights international regulations like the EU AI Regulation and practical models such as Canada’s, applicable to Spain. The chapters also analyze specific sectors like justice and healthcare, as well as practical cases like the Barcelona City Council. The book provides tools to design responsible AI systems that respect human rights, promoting ethical and effective algorithmic governance.