On September 5, 2024, in a historic moment for the governance of artificial intelligence, the Council of Europe unveiled its Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law in Vilnius, Lithuania. This landmark agreement represents the culmination of years of intense debate, negotiation, and collaboration among policymakers, technologists, and human rights advocates across Europe and beyond.
The convention emerges at a critical juncture in the development of AI technologies, as nations grapple with the dual-edged nature of these powerful tools. While acknowledging AI’s immense potential to drive human prosperity, enhance individual and societal well-being, and accelerate sustainable development, the framers of the convention also recognized the profound risks these systems pose to fundamental human rights, individual autonomy, and the integrity of democratic institutions. Born from this tension, the agreement ambitiously seeks to establish a globally applicable legal framework that not only sets common principles and rules for AI systems but also nurtures an environment of responsible innovation. This convention represents the commitment of the international community to harnessing the benefits of AI while safeguarding the values that underpin free and open societies.
Key Provisions of the Convention
The Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law establishes a comprehensive approach to regulating AI systems across both public and private domains. Its scope encompasses AI activities undertaken by public authorities and their representatives, as well as addressing risks and impacts arising from private sector AI initiatives. This dual focus ensures government use of AI is subject to scrutiny while recognizing the significant societal impact of private sector AI developments.
The convention sets a high bar for AI development and deployment by requiring parties to adopt measures that protect human rights, maintain the integrity of democratic processes, and respect the rule of law. This foundational obligation ensures AI systems are not used in ways that undermine fundamental societal values and institutions. Building on this, the convention outlines key principles to guide AI development and use, including respect for human dignity and individual autonomy, transparency and oversight, accountability and responsibility, equality and non-discrimination, privacy and personal data protection, and reliability of AI systems.
To provide accountability and maintain public trust, the convention mandates that parties ensure accessible and effective remedies for human rights violations resulting from AI activities. This crucial provision gives individuals recourse if their rights are infringed upon by AI systems. Additionally, the convention promotes a proactive approach to AI governance by requiring parties to adopt measures for identifying, assessing, preventing, and mitigating risks posed by AI systems to human rights, democracy, and the rule of law.
Implementation of the convention is designed to be inclusive and forward-thinking. Parties are required to implement its provisions without discrimination, taking into account the rights of vulnerable groups such as persons with disabilities and children. The convention also emphasizes the importance of public consultation and encourages the promotion of digital literacy and skills, fostering a more informed and engaged citizenry.
To ensure the convention remains relevant in the face of rapid technological advancements, it establishes a Conference of the Parties. This body serves as a forum for ongoing dialogue, facilitating effective application and implementation of the convention, considering amendments, and promoting cooperation among parties. The convention further encourages international cooperation, with parties urged to exchange relevant information on AI’s effects on human rights, democracy, and the rule of law. This global approach to AI governance is crucial given the borderless nature of many AI applications.
Finally, to ensure its provisions are actively enforced and not merely theoretical, the convention requires each party to establish or designate effective mechanisms to oversee compliance with its obligations. This oversight requirement adds a practical dimension to the convention’s theoretical framework, helping to translate its principles into tangible protections and guidelines in the rapidly evolving field of AI.
The convention allows for amendments to be proposed by any party, the Committee of Ministers of the Council of Europe, or the Conference of the parties. It is open for signature by member states of the Council of Europe, non-member states that participated in its elaboration, and the European Union. The convention will enter into force after five signatories, including at least three Council of Europe member states, have expressed their consent to be bound by it.
This landmark agreement represents a significant step towards establishing a common international framework for the responsible development and use of AI systems, with a strong emphasis on protecting human rights, preserving democratic processes, and upholding the rule of law in the face of rapidly advancing AI technologies.