Promoting and advancing human rights in global AI ecosystems : the need for a comprehensive framework under international law

Abstract

Executive Summary:Artificial intelligence (AI) is fundamentally transforming human interactions, key processes and systems that underpin modern society, from decision-making mechanisms to information flows, economic structures, and international relations. While its potential is comprehensive, AI introduces significant risks, such as reduced human autonomy, algorithmic bias, data privacy threats, and challenges in accountability for algorithmic harm. Emerging technologies, such as embodied AI and large language models, exacerbate these risks, affecting human-machine interactions and raising concerns about environmental sustainability and human rights across the AI value chain. In response to far-reaching societal impacts of AI, policymakers are increasingly adopting a human rights lens for AI governance. However, the regulatory landscape remains fragmented and characterized by Western led initiatives as well as inconsistent enforcement. To address these limitations, a unified and binding international framework is urgently needed.The proposed Convention on AI, Data, and Human Rights (drafted as the "Munich Convention on AI, Data, and Human Rights") is an initiative toward such a framework. Developed with contributions from over 50 global experts, it proposes an international convention to align AI governance with human rights principles. This whitepaper explores the underlying rationale behind the convention, emphasizing its alignment with the norms and principles articulated in the Universal Declaration of Human Rights and the UN Charter. It examines the relevance of safeguards against AI's misuse in facilitating human rights violations, with particular focus on protecting underrepresented or marginalized groups, including indigenous peoples, and addressing collective rights. It furthermore points to the necessity to codify rights that empower individuals to opt out, be forgotten, seek explanations, and access remedies to maintain adequate human rights standards in the context of AI. The urgency to act arises from the escalating impact of AI and the rapid pace of political and technological advancements. The UN Human Rights Council (UNHRC) is particularly well poised to play a leading role in initiating global discussions on a binding convention for AI governance, grounded in human rights principles. Drawing on its established mandate to uphold human rights globally, the UNHRC has a record of successfully embedding human rights principles into international frameworks, as demonstrated by its endorsement of the UN Guiding Principles on Business and Human Rights and the recognition of the right to a clean, healthy and sustainable environment. Through dedicated action around promoting a convention on AI and human rights, the UNHRC can foster international consensus and proactively shape the future of AI in a manner that prioritizes the values and principles enshrined in the key documents of international human rights law [p.1].