Council of Europe: Framework Convention on AI and Human Rights, Democracy and the Rule of Law

On 17 May 2024, the Council of Europe has adopted the first-ever international legally binding treaty aimed at ensuring the respect of human rights, the rule of law and democracy legal standards in the use of artificial intelligence (AI) systems. The "Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law", which is also open to non-European countries, sets out a legal framework that covers the entire lifecycle of AI systems and addresses the risks they may pose, while promoting responsible innovation.

Approach

The Framework Convention on AI adopts a risk-based approach to the design, development, use, and decommissioning of AI systems, which requires carefully considering any potential negative consequences of using AI systems.

The Framework Convention on AI was adopted on 17 May 2024 in Strasbourg during the annual ministerial meeting of the Council of Europe's Committee of Ministers, which brings together the Ministers for Foreign Affairs of the 46 Council of Europe member states. Council of Europe Secretary General Marija Pejčinović said:

“The Framework Convention on Artificial Intelligence is a first-of-its-kind, global treaty that will ensure that Artificial Intelligence upholds people’s rights. It is a response to the need for an international legal standard supported by states in different continents which share the same values to harness the benefits of Artificial intelligence, while mitigating the risks. With this new treaty, we aim to ensure a responsible use of AI that respects human rights, the rule of law and democracy.”

Background

The Framework Convention on AI is the outcome of two years' work by an intergovernmental body, the Committee on Artificial Intelligence (CAI), which brought together to draft the treaty the 46 Council of Europe member states, the European Union and 11  non-member states (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States of America, and Uruguay), as well as representatives of the private sector, civil society and academia, who participated as observers.

Approach

The Framework Convention on AI covers the use of AI systems in the public sector – including companies acting on its behalf - and in the private sector. The Framework Convention on AI offers State Parties two ways of complying with its principles and obligations when regulating the private sector:

• State Parties may opt to be directly obliged by the relevant convention provisions or,
• as an alternative, State Parties take other measures to comply with the convention's provisions while fully respecting their international obligations regarding human rights, democracy and the rule of law.

This two way approach is necessary because of the differences in legal systems around the world.

Key Requirements for Use of AI Systems

The Framework Convention on AI establishes transparency and oversight requirements tailored to specific contexts and risks, including identifying content generated by AI systems. State Parties will have to adopt measures to identify, assess, prevent, and mitigate possible risks and assess the need for a moratorium, a ban or other appropriate measures concerning uses of AI systems where their risks may be incompatible with human rights standards.

State Parties will also have to ensure accountability and responsibility for adverse impacts and that AI systems respect equality, including gender equality, the prohibition of discrimination, and privacy rights.

Moreover, State Parties to the Framework Convention on AI will have to ensure the availability of legal remedies for victims of human rights violations related to the use of AI systems and procedural safeguards, including notifying any persons interacting with AI systems that they are interacting with such systems.

As regards the risks for democracy, the Framework Convention on AI requires State Parties to adopt measures to ensure that AI systems are not used to undermine democratic institutions and processes, including the principle of separation of powers, respect for judicial independence and access to justice.

Relationship to National Security & Defence

State Parties to the Framework Convention on AI will not be required to apply the treaty's provisions to activities related to the protection of national security interests but will be obliged to ensure that these activities respect international law and democratic institutions and processes. The Framework Convention on AI will not apply to national defence matters nor to research and development activities, except when the testing of AI systems may have the potential to interfere with human rights, democracy or the rule of law.

Compliance

In order to ensure its effective implementation, the Framework Convention on AI onvention establishes a follow-up mechanism in the form of a Conference of the State Parties.

Finally, the Framework Convention on AI requires that each State Party establishes an independent oversight mechanism to oversee compliance with the Framework Convention on AI, and raises awareness, stimulates an informed public debate, and carries out multistakeholder consultations on how AI technology should be used.

Next Step

The Framework Convention on AI will be opened for signature in Vilnius (Lithuania) on 5 September 2024 on the occasion of a conference of Ministers of Justice.

Council of Europe Framework Convention on artificial intelligence and human rights, democracy, and the rule of law