2023
DOI: 10.1007/s12027-023-00777-2
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Challenges to Fundamental Human Rights in the age of Artificial Intelligence Systems: shaping the digital legal order while upholding Rule of Law principles and European values

Stéphanie Laulhé Shaelou,
Yulia Razmetaeva

Abstract: Recently, the concept of the ‘European digital legal order’ seems to have gained more importance than the overarching concept of European legal order, of which the former is arguably a modern manifestation. The European legal order traditionally entails a set of fundamental human rights, Rule of Law principles and Democratic values as enshrined in the multinational legal order. From maintaining the Rule of Law derive the sustainability of Democratic values, and freedoms under the law enshrined in fundamental h… Show more

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Cited by 3 publications
(2 citation statements)
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“…Smuha (2020) argues that for human rights to become a valid basis for AI regulation, it is necessary to clearly define the applicability and vulnerability of human rights in the AI system, to concretise legal interpretations of human rights where they are too abstract, and to evaluate mechanisms for enforcing such rights. Noting that human interaction with AI requires both caution and boldness in the right balance, Shaelou and Razmetaeva (2024) outline the following principles for harmonious human and AI life: renewed fundamental rights, core values embedded in AI design, and an uncompromising regulatory framework for the protection of human rights, democracy, and the rule of law. However, this study lacks specificity.…”
Section: Discussionmentioning
confidence: 99%
See 1 more Smart Citation
“…Smuha (2020) argues that for human rights to become a valid basis for AI regulation, it is necessary to clearly define the applicability and vulnerability of human rights in the AI system, to concretise legal interpretations of human rights where they are too abstract, and to evaluate mechanisms for enforcing such rights. Noting that human interaction with AI requires both caution and boldness in the right balance, Shaelou and Razmetaeva (2024) outline the following principles for harmonious human and AI life: renewed fundamental rights, core values embedded in AI design, and an uncompromising regulatory framework for the protection of human rights, democracy, and the rule of law. However, this study lacks specificity.…”
Section: Discussionmentioning
confidence: 99%
“…They include the right to autonomy, agency and supervision over AI; the right to transparency and explanation of the results provided by AI; the right to psychological, physical and moral integrity in the context of AI development; the right to privacy and protection from mass surveillance using AI, the right to protection from online tracking, etc. Shaelou and Razmetaeva (2024) propose to supplement the list of digital human rights with the right not to be subject to automatic decisions, the right not to be manipulated, the right to influence one"s digital footprint, the right to meaningful human contact, the right to be neutrally informed online, the right not to be evaluated, analysed or trained. Also, Allegri (2022) notes the "right to be forgotten in the digital world".…”
Section: Literature Reviewmentioning
confidence: 99%