Council of Europe Adopts Groundbreaking Framework on Artificial Intelligence and Human Rights, Democracy and the Rule of Law
Part of a series summarising AI policy and guidance. This article examines the Council of Europe Framework on AI and Human Rights, Democracy and the Rule of Law that can be found here: CETS_225_EN.docx.pdf (coe.int)
On September 5, 2024, the Council of Europe introduced a landmark legal framework, CETS 225, also known as the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law. This Convention sets ambitious goals to align artificial intelligence (AI) systems with fundamental human rights, democratic principles, and the rule of law, offering guidelines to address the opportunities and risks posed by AI technologies.
This is a landmark as the first-ever international legally binding treaty to ensure that the use of AI systems is fully consistent with human rights, democracy, and the rule of law. It was signed by the UK, the US, the EU, Andorra, Georgia, Iceland, Norway, the Republic of Moldova, San Marino, and Israel.
A Balanced Approach to AI
The Convention recognizes AI's dual nature: while AI systems can promote innovation, economic development, and societal well-being, they also carry significant risks to individual rights and democratic processes if left unchecked. The preamble acknowledges AI's potential to foster human prosperity but highlights concerns over privacy, autonomy, discrimination, and the misuse of AI systems for surveillance or censorship.
Scope and Purpose
CETS 225's primary goal is to create an international legal framework governing the entire lifecycle of AI systems—from design and development to deployment and eventual decommissioning. The Convention's scope covers public authorities and private entities involved in AI development, requiring compliance with principles that protect human rights and uphold democratic values.
Key Provisions
Protection of Human Rights: Signatories must ensure AI systems comply with human rights obligations set out by international and domestic law, including safeguarding privacy, preventing discrimination, and ensuring accountability for adverse impacts.
Democratic Integrity: The Convention mandates measures to prevent AI systems from undermining democratic processes, such as manipulating public debate or unfairly influencing elections.
Transparency and Accountability: Signatories must implement mechanisms ensuring transparency in AI decision-making processes, providing oversight and documentation to allow individuals to understand and challenge AI-driven decisions affecting them.
Non-discrimination: A key focus is ensuring AI systems respect equality, particularly regarding gender and vulnerable populations. The Convention mandates measures to combat discrimination and promote fairness in AI outputs.
Risk and Impact Management: The Convention outlines a robust risk management framework for AI systems, including assessing potential impacts on human rights and democracy, applying safeguards, and mitigating risks through ongoing monitoring.
Remedies and Safeguards
CETS 225 establishes the right to accessible and effective remedies for individuals whose rights are affected by AI systems. It requires documentation of AI systems that could significantly impact human rights and mandates that relevant information be made available to those affected. The framework also emphasizes procedural safeguards, ensuring individuals interacting with AI systems know their rights.
International Cooperation and Oversight
The Convention promotes global cooperation, encouraging signatories and non-member states to align their AI governance with its principles. The Conference of the Parties will oversee compliance, provide a platform for resolving disputes, and facilitate the exchange of best practices and legal developments.
A Milestone in AI Governance
CETS 225 represents a significant step towards regulating AI use in a manner that prioritizes ethical considerations and fundamental rights protection. It acknowledges AI's profound societal impact while aiming to ensure its development and application remain aligned with democratic values. The Convention is a model for international cooperation in addressing AI's unique challenges, fostering a future where technology and human rights coexist harmoniously.
As the world grapples with AI's implications, this framework sets a precedent for responsible AI governance on a global scale, balancing innovation with the need to protect individual freedoms and democratic institutions.
