The Council of Europe has adopted the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law. The Convention represents the first legally binding international treaty on artificial intelligence and focuses on the protection of human rights, democracy, and the rule of law in relation to all activities involving the AI system life cycle.
Council of Europe - Framework Convention on artificial intelligence, human rights, democracy and the rule of law
17 maggio 2024
Numero
225
The Framework Convention aims to safeguard human rights and fundamental freedoms, as well as the functioning and integrity of the democratic process and the observance of the rule of law, in connection, for example, with the ability to make informed and free decisions and the integrity, independence, and effectiveness of democratic institutions and processes (Chapters I and II).
The Convention establishes that each contracting State has a duty to adopt or maintain in force measures to ensure that activities carried out during the AI life cycle are consistent with the obligations to protect human rights, as established by applicable international and domestic law. States are responsible for identifying appropriate measures to avoid harm, based on the severity and likelihood of negative consequences resulting from the use of AI systems. In particular, each member State must take steps to identify, assess, prevent, and mitigate relevant risks, including prohibiting practices that are incompatible with respect for human rights, the functioning of democracy, and the rule of law (Chapter V).
The scope of the Framework Convention covers all systems that have the potential to interfere with these principles. Its application is limited by the definition of artificial intelligence provided, namely: “a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations or decisions that may influence physical or virtual environments. Different artificial intelligence systems vary in their levels of autonomy and adaptiveness after deployment”.
Chapter III outlines the principles that must be respected in the design, development, use, and decommissioning of AI systems, namely: human dignity and individual autonomy; transparency and human oversight; accountability and responsibility; equality and non-discrimination; privacy and data protection; reliability and safety in innovation.
The Convention requires member States to provide effective remedies (such as access to information regarding AI systems that may significantly affect human rights and the ability to appeal to competent authorities) and procedural safeguards to be applied in the event of violations of its provisions (Chapter IV).
Furthermore, the Convention establishes the need to ensure respect for the principle of non-discrimination, the protection of vulnerable individuals (especially persons with disabilities and minors), the conduct of public consultations, an adequate level of digital literacy, and that existing human rights protection rules are not derogated in the implementation of the Convention's provisions (Chapter VI).
Finally, the Framework Convention does not apply to matters related to national defence or to research and development activities concerning AI systems not yet made available for use, unless the tests undertaken may potentially interfere with human rights, democracy, and the rule of law (Chapter I).
The text of the Framework Convention is available at the following link and in the download box.
Marta Fasan
Pubblicato il: Venerdì, 17 Maggio 2024 - Ultima modifica: Venerdì, 20 Giugno 2025
