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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.

• FIN: Financial Services
• GOV: Government and Public Sector
• INTL: International Organizations and Relations
• LAW: Legal and Law Enforcement
• REG: Regulatory and Oversight Bodies
• SOC: Social Services and Housing

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 16

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2. Marriage shall be entered into only with the free and full Consent of the intending spouses.

3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

International Convention on the Elimination of All Forms of Racial Discrimination (1965) #

G.A. Res. 2106 (XX), International Convention on the Elimination of All Forms of Racial Discrimination, U.N. Doc. A/RES/2106(XX) (Dec. 21, 1965)

Article 5

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to Equality before the law, notably in the enjoyment of the following rights:

(iv) The right to marriage and choice of spouse;

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 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full Consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure Equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

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 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of Equality of men and women, the same rights, in particular:

(a) The right to family benefits;

(b) The right to bank loans, mortgages and other forms of financial credit;

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) #

G.A. Res. 45/158, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, U.N. Doc. A/RES/45/158 (Dec. 18, 1990)

Article 44

1. States Parties, recognizing that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, shall take appropriate measures to ensure the protection of the unity of the families of migrant workers.

2. States Parties shall take measures that they deem appropriate and that fall within their competence to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that, according to applicable law, produces effects equivalent to marriage, as well as with their minor dependent unmarried children.

3. States of employment, on humanitarian grounds, shall favourably consider granting equal treatment, as set forth in paragraph 2 of the present article, to other family members of migrant workers.

Convention on the Rights of Persons with Disabilities (2006) #

International Disability Alliance, Article 23 CRPD (Respect for Home and the Family), Apr. 2024

Article 23

1.

(a) The right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full Consent of the intending spouses is recognized.”

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