The Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law

Sunday 8th September, 2024 - Bruce Sterling

https://rm.coe.int/1680afae3c

The member States of the Council of Europe and the other signatories hereto,

Considering that the aim of the Council of Europe is to achieve greater unity between its members, based in particular on the respect for human rights, democracy and the rule of law;

Recognising the value of fostering co-operation between the Parties to this Convention and of extending such co-operation to other States that share the same values;

Conscious of the accelerating developments in science and technology and the profound changes brought about through activities within the lifecycle of artificial intelligence systems, which have the potential to promote human prosperity as well as individual and societal well- being, sustainable development, gender equality and the empowerment of all women and girls, as well as other important goals and interests, by enhancing progress and innovation;

Recognising that activities within the lifecycle of artificial intelligence systems may offer unprecedented opportunities to protect and promote human rights, democracy and the rule of law;

Concerned that certain activities within the lifecycle of artificial intelligence systems may undermine human dignity and individual autonomy, human rights, democracy and the rule of law;

Concerned about the risks of discrimination in digital contexts, particularly those involving artificial intelligence systems, and their potential effect of creating or aggravating inequalities, including those experienced by women and individuals in vulnerable situations, regarding the enjoyment of their human rights and their full, equal and effective participation in economic, social, cultural and political affairs;

Concerned by the misuse of artificial intelligence systems and opposing the use of such systems for repressive purposes in violation of international human rights law, including through arbitrary or unlawful surveillance and censorship practices that erode privacy and individual autonomy;

Conscious of the fact that human rights, democracy and the rule of law are inherently interwoven;

Convinced of the need to establish, as a matter of priority, a globally applicable legal framework setting out common general principles and rules governing the activities within the lifecycle of artificial intelligence systems that effectively preserves shared values and harnesses the benefits of artificial intelligence for the promotion of these values in a manner conducive to responsible innovation;

Recognising the need to promote digital literacy, knowledge about, and trust in the design, development, use and decommissioning of artificial intelligence systems;

Recognising the framework character of this Convention, which may be supplemented by further instruments to address specific issues relating to the activities within the lifecycle of artificial intelligence systems;

Underlining that this Convention is intended to address specific challenges which arise throughout the lifecycle of artificial intelligence systems and encourage the consideration of the wider risks and impacts related to these technologies including, but not limited to, human health and the environment, and socio-economic aspects, such as employment and labour;

Noting relevant efforts to advance international understanding and co-operation on artificial intelligence by other international and supranational organisations and fora;

Mindful of applicable international human rights instruments, such as the 1948 Universal Declaration of Human Rights, the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5), the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the 1961 European Social Charter (ETS No. 35), as well as their respective protocols, and the 1996 European Social Charter (Revised) (ETS No. 163);

Mindful also of the 1989 United Nations Convention on the Rights of the Child and the 2006 United Nations Convention on the Rights of Persons with Disabilities;

Mindful also of the privacy rights of individuals and the protection of personal data, as applicable and conferred, for example, by the 1981 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) and its protocols;

Affirming the commitment of the Parties to protecting human rights, democracy and the rule of law, and fostering trustworthiness of artificial intelligence systems through this Convention,

Have agreed as follows:

Chapter I – General provisions
Article 1 – Object and purpose…