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[Insert statement of urgency and significance for why this right relates to AI.]
Sectors #
The contributors of the AI & Human Rights Index have identified the following sectors as responsible for both using AI to protect and advance this human right.
- HLTH: Healthcare and Public Health
- GOV: Government and Public Sector
- REG: Regulatory and Oversight Bodies
- EDU: Education and Research
- INTL: International Organizations and Relations
AI’s Potential Violations #
[Insert 300- to 500-word analysis of how AI could violate this human right.]
AI’s Potential Benefits #
[Insert 300- to 500-word analysis of how AI could advance this human right.]
Human Rights Instruments #
Universal Declaration of Human Rights (1948) #
G.A. Res. 217 (III) A, Universal Declaration of Human Rights, U.N. Doc. A/RES/217(III) (Dec. 10, 1948).
Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to Security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his Control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
International Covenant on Economic, Social and Cultural Rights (1966) #
G.A. Res. 2200A (XXI), International Covenant on Economic, Social and Cultural Rights, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3 (Dec. 16, 1966)
Article 12
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and Control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.
Convention on the Elimination of All Forms of Discrimination against Women (1979) #
G.A. Res. 34/180, Convention on the Elimination of All Forms of Discrimination Against Women, U.N. Doc. A/RES/34/180 (Dec. 18, 1979)
Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of Equality of men and women, access to health care services, including those related to family planning.
2. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connexion with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.
African Charter on Human and Peoples’ Rights (1981) #
African Charter on Human and Peoples’ Rights, O.A.U. Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982) (adopted Jun. 27, 1981).
Article 16
1. Every individual shall have the right to enjoy the best attainable state of physical and mental health.
2. States Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.
Convention on the Rights of Persons with Disabilities (2006) #
G.A. Res. 61/106, Convention on the Rights of Persons with Disabilities, U.N. Doc. A/RES/61/106 (Dec. 13, 2006).
Article 25
States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability.
In particular, States Parties shall:
(a) Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population‑based public health programmes.
(b) Provide health services as close as possible to people’s own communities, including in rural areas
Last Updated: May 2, 2025
Research Assistant: Amisha Rastogi
Contributor: To Be Determined
Reviewer: To Be Determined
Editor: Georgina Curto Rex
Subject: Human Right
Edition: Edition 1.0 Research
Recommended Citation: "XII.E. Right to Protection from Harmful Effects of AI in Healthcare, Edition 1.0 Research." In AI & Human Rights Index, edited by Nathan C. Walker, Dirk Brand, Caitlin Corrigan, Georgina Curto Rex, Alexander Kriebitz, John Maldonado, Kanshukan Rajaratnam, and Tanya de Villiers-Botha. New York: All Tech is Human; Camden, NJ: AI Ethics Lab at Rutgers University, 2025. Accessed December 07, 2025. https://aiethicslab.rutgers.edu/Docs/xii-e-harmful-effects/.