Human Rights and Artificial Intelligence

Introduction

The immensely increasing growth of Artificial Intelligence (AI) by technology has its incredible and positive contribution in the life of humans. It has a direct and straightforward impact on education, life style and even in the inherent rights of human. The increasing growth of Artificial Intelligence (AI) has almost made its way in almost thee the sphere of life.

In democratic societies and in today’s world, concern about the consequences of our growing reliance upon Artificial intelligence is rising. In relation with the nature of Artificial Intelligence, the mode of operation of same in diverse forms has arisen many questions, particularly on its correlation, impact and influence on human rights. In its ordinary distinctiveness, Artificial Intelligence is designed to perform certain functions human beings can, in a way better faster and in a more efficient way.

The concept of Human Rights has been treated with intense attention and as a delicate issue as it covers the very existence of every person, irrespective of geographical and cultural differences.

Artificial intelligence is nothing but a machine or a system that is capable of performing any task a human being can perform. A recent Stanford University report defines AI as “a science and a set of computational technologies that are inspired by humans, but  typically operate quite differently from, the ways people use their nervous systems and bodies to sense, learn, reason, and take action.” In another definition, Stuart Russell and Peter Norving suggest that AI can be broken down into the following categories:

1)systems that think like humans; 

2)systems that act like humans;

3) systems that think rationally; and

4) systems that act rationally.

All these established definitions are channelled to the sole fact that Artificial Intelligent systems are designed to ease the workings of humans and also to have a positive impact in all sectors of life. Essentially, the   result   of   an   operation   performed   by   an   intelligent   system   is   not distinguishable from a process carried out by a human. In other words, the manifestation of Artificial Intelligence will inevitably influence human rights positively or adversely.

The concept of human rights has been treated with intense attention and as a delicate issue as it covers the very existence of every person, irrespective of geographical and cultural differences. Human Rights are the basic entitlements and Rights given to all human beings in any society. They pertain to humans by virtue of their humanity. They are the irreplaceable minimum requirement   for   a   civilized   human existence in  any   society.  As   a   concept, human rights can broadly be defined as the basic rights of human beings that is centred on equality, fairness, freedom, and respect for all. Human rights was very elaborately defined by  Kayode  Eso J.S.C in  the  case of Ransome  Kuti   &  ORS  v.  A.G Federation & ORS6 as thus:

[Human   rights] are rights that have always existed, even before orderliness prescribed rules for the manner they are to be sought. It is a primary condition to a civilized existence which stands above the ordinary laws of the land.

Human rights are the freedoms, liberty, immunities or benefits which according to natural law, modern values and international law, all human beings are entitled to in the country or society in which they live. Human rights are very fundamental and very important to every human beingand a person cannot live without them. Without human rights, life   is meaningless, worthless and a mere shadow. To wit, human rights are too precious to be infringed upon without sufficient and convincing justification.  In every country, there is a usual mandatory inclusion of human rights in the law of that land.

Opportunities and Risks of Artificial Intelligence and their Impact on Human Rights

A range of opportunities has been provided by artificial intelligence to human lives and the government. The power, scale, and speed of AI systems can improve efficiency and effectiveness in numerous domains, including healthcare, transport, education, and public administration. AI technologies also have the potential and capabilities to negatively impact human rights, democracy, and the rule of law. These combined opportunities and risks should be understood in light of AI being “socio-technical.” The human rights that may be impacted through the use of automated processing techniques and algorithms are: (1) the right to life and personal liberty, (2) privacy and data protection, (3) freedom of expression, (4) freedom of assembly and association, (5) social rights and access to public services, and (6) the right to free elections.

Artificial Intelligence and Human Values

A.    Right to life and personal liberty

The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical   location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical  location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical   location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical   location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical   location.

The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical   location. The right to personal liberty is one of the most fundamental human rights pertains to the physical movement of persons within a particular geographical   location. Respect for human value is reflected in various rights, such as the right to liberty and security, the right to a fair trial, the right to no punishment without law and the right to a private life and physical and mental integrity. The right to fair hearing is an inherent right that must be observed at all circumstances – civil or criminal cases. Artificial Intelligence has created technologies which influences the criminal justice system and the court room system at large. This is played in two ways: AI assistants, and Robot judges. There are more chances that AI can perpetuate or amplify existing biases, especially in law enforcement and when used by the judiciary. In situations where physical freedom or personal security is at stake, such as with predictive policing, recidivism risk determination and sentencing, the right to liberty and security combined with the right to a fair trial are vulnerable.

B. Right to privacy As Artificial Intelligence (AI) continues to advance, it has brought about a myriad of concerns regarding personal data privacy. AI systems often rely on large amounts of personal data to learn and make predictions, which raises concerns about the collection, processing, and storage of such data. The main privacy concerns surrounding AI is the potential for data breaches and unauthorized access to personal information. With so much data being collected and processed, there is a risk that it could fall into the wrong hands, either through hacking or other security breaches.

C. Right to work and against Unemployment The right to work and protection against unemployment is guaranteed under Article 23 of UDHR,32 Article 6 of ICESCR33, and Article 1(2) of the ILO. Though the rapid increase of AI has transformed existing businesses and personal lives by improving the efficiency of machinery and services, such change has also birthed an era of unemployment due to the displacement of human labour. In 2017, Changying Precision Technology, a Chinese factory producing mobile phones, replaced 90% of its human workforce with machines, which led to a 250% increase in its productivity and a substantial 8% drop in defects. Similarly, Adidas has moved towards ‘robot-only’ factories to improve efficiency. Thus, business growth no longer relies on a human workforce; in fact, human labour may negatively affect productivity. Until now, technology has had a more detrimental effect on low and middle-skilled workers, with decreasing employment opportunities and falling wages, leading to the emergence of job polarisation.

D. Right to Freedom of Speech and Expression The pervasive and invisible nature of AI systems, coupled with their ability to identify and track behaviour, can have a significant chilling effect on the freedom of expression. This can take place through self-censorship, altered behaviour in public spaces and private communications alike. The rise of techniques such as video surveillance, facial recognition, behaviour analysis etc., by public authorities and private companies hinder freedom of expression and also infringe the very essence of the right to privacy

Conclusion

Artificial intelligence (AI) has managed to impose significant breakthroughs in human beings’ habitual life thanks to the extensive variety of services it offers in the public and non-governmental business sector, including domestic and leisure, and many others. However, one of AI’s most useful aspects is robotics, permanently revolutionized based on multiple needs in fields such as electronic engineering, mechatronics, safety systems, expert legal models, infrastructure design, education. Artificial intelligence has the potential to transform society and improve our lives, but it must be developed and deployed in a manner that respects and upholds human rights. By addressing concerns such as privacy invasion, algorithmic bias, and due process, we can harness the power of AI while safeguarding individual rights. Through transparency, accountability, robust regulations, inclusive development, and education, we can strike a balance between technological advancement and the protection of human rights in the age of AI.

The impact of Artificial Intelligence in the rule of law, human rights, and democracy, although has brought about unprecedented remarks and development in most cases, is not without its challenges. These challenges most times pose a threat to the standard of living of an average person

This article is authored by Yati Sandeep Patole. He was among the Top 40 performers in the Legal Drafting Quiz Competition organized by Lets Learn Law.