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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.

• DEF: Defense and Military
• GOV: Government and Public Sector
• INTL: International Organizations and Relations
• LAW: Legal and Law Enforcement
• REG: Regulatory and Oversight Bodies

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 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

International Convention on the Elimination of All Forms of Racial Discrimination(1963) #

G.A. Res. 1904 (XVIII), United Nations Declaration on the Elimination of All Forms of Racial Discrimination, U.N. Doc. A/RES/1904(XVIII) (Nov. 20, 1963)

Article 5

(a) The right to equal treatment before the tribunals and all other organs administering Justice;

International Covenant on Civil and Political Rights(1966) #

G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (Dec. 16, 1966)

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national Security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of Justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full Equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of Justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of Justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

American Convention on Human Rights (1969) #

Organization of American States, American Convention on Human Rights, Nov. 22, 1969 (entered into force July 18, 1978), O.A.S.T.S. No. 36, 1144 U.N.T.S. 123.​

Article 24

All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

Convention on the Elimination of All Forms of Discrimination Against Women (1999) #

G.A. Res. 54/4, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. Doc. A/RES/54/4 (Oct. 6, 1999)

Article 15

States Parties shall accord to women Equality with men before the law.

United Nations Guiding Principles(2011) #

H.R.C. Res. 17/4, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, U.N. Doc. A/HRC/RES/17/4 (June 16, 2011)

Principle 12

The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the
principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.