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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 #

Convention on the Prevention and Punishment of the Crime of Genocide (1948) #

G.A. Res. 260 (III) A, Convention on the Prevention and Punishment of the Crime of Genocide, U.N. Doc. A/RES/260(III) (Dec. 9, 1948)

Article 4

Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

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.

Article 8

Everyone has the right to an effective Remedy

A remedy for automated decision refers to the mechanisms and processes established to address and rectify the consequences of decisions made by artificial intelligence (AI) systems. This principle is particularly critical in contexts such as healthcare, criminal justice, employment, and finance, where AI decisions can have profound impacts on individuals and society. Remedies ensure that affected parties have recourse to challenge, correct, or mitigate adverse outcomes, underscoring the accountability of both state and private actors in managing AI’s consequences. Remedy is closely linked to the principle of appeal, with appeal focusing on correcting the decision itself and remedy addressing its broader consequences. Remedies may include compensation for damages, sanctions against responsible entities, or guarantees of non-repetition to prevent future harm. In state contexts, governments must ensure reparations through existing legal frameworks or new legislation tailored to AI governance. In the private sector, organizations are encouraged to establish transparent and independent grievance mechanisms, such as appointing responsible roles or teams to address complaints promptly and equitably. These efforts highlight the shared but distinct responsibilities of vendors, clients, states, and private entities in providing effective remedies. Implementing remedies for automated decisions presents several challenges. These include delineating responsibilities among stakeholders, ensuring timely and effective redress, and developing adaptive frameworks to address the evolving nature of AI technologies. Remedy mechanisms must balance technical feasibility with ethical and legal considerations, safeguarding individuals' rights and promoting accountability. Integrating remedies into AI governance is essential for fostering trust and equity in AI deployment. By ensuring accessible and effective remedy processes, states and organizations can demonstrate their commitment to responsible AI, reinforcing public trust and ensuring that AI systems serve societal interests ethically and equitably. Recommended Reading Jessica Fjeld, Nele Achten, Hannah Hilligoss, Adam Nagy, and Madhulika Srikumar. "Principled Artificial Intelligence: Mapping Consensus in Ethical and Rights-Based Approaches to Principles for AI ." Berkman Klein Center for Internet & Society at Harvard University, Research Publication No. 2020-1, January 15, 2020.  

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by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 10

Everyone is entitled in full Equality

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to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

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 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

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

Security in artificial intelligence (AI) refers to the principle that AI systems must be designed to resist external threats and protect the integrity, confidentiality, and availability of data and functionality. Security ensures AI systems are safeguarded against unauthorized access, manipulation, or exploitation, maintaining trust and reliability in AI technologies. This principle is particularly critical in sensitive domains such as finance, healthcare, and critical infrastructure, where vulnerabilities can have far-reaching consequences. Effective AI security emphasizes proactive measures, such as testing system resilience, sharing information about cyber threats, and implementing robust data protection strategies. Techniques like anonymization, de-identification, and data aggregation reduce risks to personal and sensitive information. Security by design—embedding security measures at every stage of an AI system’s lifecycle—is a cornerstone of this principle. This includes deploying fallback mechanisms, secure software protocols, and continuous monitoring to detect and address potential threats. These measures not only protect AI systems but also foster trust among users and stakeholders by ensuring their safe and ethical operation. Challenges to achieving AI security include the increasing complexity of AI models, the sophistication of cyber threats, and the need to balance security with transparency and usability. As AI technologies often operate across borders, international cooperation is essential to establish and enforce global security standards. Collaborative efforts among governments, private sector actors, and civil society can create unified frameworks to address cross-border threats and ensure the ethical deployment of secure AI systems. Ultimately, the principle of security safeguards individual and organizational assets while upholding broader societal trust in AI. By prioritizing security in design, deployment, and governance, developers and policymakers can ensure AI technologies serve humanity responsibly and reliably. For Further Reading Fjeld, Jessica, Nele Achten, Hannah Hilligoss, Adam Nagy, and Madhulika Srikumar. “Principled Artificial Intelligence: Mapping Consensus in Ethical and Rights-Based Approaches to Principles for AI.” Berkman Klein Center for Internet & Society at Harvard University, Research Publication No. 2020-1, January 15, 2020.

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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

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; 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

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:

(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

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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

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, 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.