Artificial Intelligence and international human rights law: implications for humans and technology in the 21st century and beyond

Joshua C. Gellers and David J. Gunkel

Chapter 14 in Handbook on the Politics and Governance of Big Data and Artificial Intelligence, 2023, pp 430-455 from Edward Elgar Publishing

Abstract: How might international human rights law address the challenges posed by artificial intelligence (AI) and the prospect of extending rights to technological entities? This essay offers a refreshed look at these two sides of the rights coin. First, we review the philosophical foundations of rights. Second, we present methodological and critical insights regarding extant literature before using a two-step framework to systematically highlight less obvious ways in which emerging technologies like AI intersect with IHRL. Third, we explore the opportunities and challenges of extending rights to technological beings. We conclude with a call to enlarge the ontological scope of rights on theoretical and practical levels, and offer recommendations designed to assist in the governance of AI with an eye toward protecting the rights of human and nonhuman entities alike.

Keywords: Innovations and Technology; Law - Academic; Politics and Public Policy Sociology and Social Policy (search for similar items in EconPapers)
Date: 2023
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