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

The Draft Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law was issued by the Committee on Artificial Intelligence (CAI) of the Council of Europe in Strasbourg on 14 March 2024. 

The Convention aims to ensure that activities within the lifecycle of artificial intelligence systems are consistent with human rights, democracy, and the rule of law. Parties must adopt appropriate legislative, administrative, or other measures to give effect to the provisions set out in this Convention, which may include specific or horizontal measures irrespective of the type of technology used.

Artificial intelligence systems are machine-based systems that generate outputs such as predictions, content, recommendations, or decisions that may influence physical or virtual environments. The scope of the Convention covers activities within the lifecycle of artificial intelligence systems that have the potential to interfere with human rights, democracy, and the rule of law. Parties must apply the Convention to activities undertaken by public authorities or private actors acting on their behalf and address risks and impacts arising from activities within the lifecycle of artificial intelligence systems by private actors.

The Convention does not apply to research and development activities regarding artificial intelligence systems not yet made available for use, unless testing or similar activities have the potential to interfere with human rights, democracy, and the rule of law. Matters relating to national defense do not fall within the scope of this Convention. Parties must adopt or maintain measures to ensure that activities within the lifecycle of artificial intelligence systems are consistent with obligations to protect human rights, as enshrined in applicable international law and domestic law. They must also protect their democratic processes in the context of activities within the lifecycle of artificial intelligence systems, including individuals' fair access to and participation in public debate and their ability to freely form opinions.

The Convention on Artificial Intelligence outlines principles for each Party to implement in relation to artificial intelligence systems. These principles include respecting human dignity and individual autonomy, transparency and oversight, accountability and responsibility, equality and non-discrimination, privacy and personal data protection, reliability, safe innovation, remedies, procedural safeguards, and assessment and mitigation of risks and adverse impacts.

Each Party must adopt or maintain in relation to artificial intelligence systems, taking into account its domestic legal system and other obligations. This includes respecting human dignity and individual autonomy, ensuring transparency and oversight, ensuring accountability and responsibility for adverse impacts on human rights, democracy, and the rule of law, promoting equality and non-discrimination, protecting privacy and personal data, promoting reliability, and enabling controlled environments for developing, experimenting, and testing artificial intelligence systems under competent authorities.

The Convention outlines remedies for violations of human rights resulting from artificial intelligence system activities. These measures include documenting relevant information about AI systems, providing sufficient information for affected persons to contest decisions, and allowing them to lodge complaints to competent authorities.

A full set of procedural safeguards were developed, ensuring that effective guarantees, safeguards, and rights are available to those affected by AI systems. The risk and impact management framework for AI systems should consider the context, intended use, severity, perspectives of stakeholders, iterative application throughout the lifecycle, monitoring for risks and adverse impacts, documentation of risks, testing of AI systems before their first use, and adequate addressing of adverse impacts. Parties must also assess the need for a moratorium or ban on certain uses of AI systems if they believe they are incompatible with human rights, democracy, or the rule of law.

In conclusion, the Convention on Artificial Intelligence aims to promote transparency, accountability, equality, privacy, reliability, safe innovation, and risk management in the lifecycle of artificial intelligence systems.

The Convention on Artificial Intelligence outlines the implementation of the provisions of the Convention without discrimination, in accordance with international human rights obligations. The Convention also addresses the rights of persons with disabilities and children, ensuring that they are treated fairly in their domestic law and international obligations. Parties are encouraged to engage in public consultation and consider important questions related to artificial intelligence systems, considering social, economic, legal, ethical, environmental, and other relevant implications. They should promote digital literacy and skills for all segments of the population, including expert skills for risk identification, assessment, prevention, and mitigation.

The Convention does not limit or derogate from existing human rights or other legal rights and obligations guaranteed under relevant laws or international agreements. It also allows for wider protection than stipulated in the Convention. The Conference of the Parties is a follow-up mechanism and cooperation mechanism, consisting of representatives of the Parties to the Convention. Its purpose is to facilitate the effective use and implementation of the Convention, consider possible supplementation or amendment, make specific recommendations concerning interpretation and application, facilitate information exchange, settle disputes, and cooperate with relevant stakeholders.

The Conference of the Parties is convened by the Secretary General of the Council of Europe whenever necessary and can adopt its own rules of procedure by consensus within 12 months of the Convention's entry into force. Parties are assisted by the Secretariat of the Council of Europe and may propose ways to engage relevant expertise in support of the Convention's effective implementation.

Parties are required to provide a report to the Conference of the Parties within two years of becoming a Party and periodically thereafter. International cooperation is encouraged, with parties exchanging relevant information about aspects related to artificial intelligence that may have significant positive or negative effects on human rights, democracy, and rule of law.

The Convention on Human Rights in Europe (HRC) requires all Parties to establish or designate effective mechanisms to oversee compliance with its obligations. These mechanisms must be independent, impartial, and have the necessary powers, expertise, and resources to effectively fulfill their duties. If multiple mechanisms are provided, they must facilitate cooperation among them. If a Party provides for mechanisms different from existing human rights structures, it must promote cooperation between them and existing domestic human rights structures.

The Convention also allows Parties to apply agreements or treaties on the matters addressed, as long as they do so in a manner that is not inconsistent with the Convention's object and purpose. Members of the European Union must apply European Union rules governing the matters within the Convention's scope without prejudice to the Convention's object and purpose. Amendments to the Convention can be proposed by any Party, the Committee of Ministers of the Council of Europe, or the Conference of the Parties.

The Secretary General of the Council of Europe communicates any proposal to the Parties, and the Committee of Ministers considers the proposed amendment and any opinion submitted by the Conference of the Parties.The Council of Europe Convention outlines the terms and conditions for its interpretation and application. Parties are required to seek a settlement through negotiation or peaceful means, including through the Conference of the Parties. The Convention is open for signature by member States of the Council of Europe, non-member States, and the European Union. It is subject to ratification, acceptance, or approval, and instruments must be deposited with the Secretary General of the Council of Europe.The Convention enters into force on the first day of the month following the expiration of three months after five Signatories, including at least three member States of the Council of Europe, have expressed their consent to be bound by it. If any Signatory subsequently expresses its consent, the Convention will also enter into force on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, or approval.

After the Convention's entry into force, the Committee of Ministers may invite any non-member State of the Council of Europe to accede by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe. In respect of any acceding State, the Convention will enter into force on the first day of the month following the expiration of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

The Convention also provides for territorial application. A State or the European Union may specify the territory or territories to which the Convention shall apply. Any Party may extend the application of the Convention to any other territory specified in a declaration addressed to the Secretary General of the Council of Europe. The Federal Government may reserve the right to assume obligations under the Convention consistent with its fundamental principles governing the relationship between its central government and constituent states or similar territorial entities. No other reservation may be made in respect of the Convention.

https://www.coe.int/en/web/portal/-/artificial-intelligence-human-rights-democracy-and-the-rule-of-law-framework-convention