Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law
The Council of Europe Framework Convention on AI and Human Rights, Democracy, and the Rule of Law is the first internationally legally binding treaty to govern AI. The treaty was opened for signature on September 5, 2024, and aims to ensure that all activities across the AI lifecycle are fully consistent with human rights, democracy, and the rule of law, while also being conducive to technological progress and innovation. The Framework Convention aims to fill gaps that may result in existing instruments addressing human rights, democracy, and the rule of law as a result of rapid advancements in technology. The Framework Convention does not regulate technology. Instead, it is technology neutral by design and focuses on anchoring any and all technology developments in respect for human rights, democracy, and the rule of law.
The Convention was drawn up by an ad hoc Committee on Artificial Intelligence between 2022 and 2024. The Committee drafted and negotiated the text with 46 member states of the Council of Europe, along with the participation of observer states, namely Canada, Japan, Mexico, the Holy See, and the USA, as well as non-member states like Australia, Argentina, Costa Rica, Peru, and Uruguay. To facilitate multistakeholder engagement, the process also included 68 international representatives from civil society, academia, and industry, and other international organisations.
Under the Framework Convention, all activities within the AI lifecycle must comply with the following fundamental principles:
Human dignity and individual autonomy
Equality and non-discrimination
Respect for privacy and personal data protection
Transparency and oversight
Accountability and responsibility
Reliability
Safe innovation
States must also ensure that appropriate remedies, procedural rights, and safeguards are provided for. These include:
Documenting relevant information regarding AI systems and their usage and to make it available to affected persons;
Ensuring that information provided is sufficient to enable people concerned to challenge the decision(s) made through the use of the system or based substantially on it, and to challenge the use of the system itself;
Offering an effective possibility to lodge a complaint to competent authorities;
Providing effective procedural guarantees, safeguards and rights to affected persons in connection with the application of an artificial intelligence system where an artificial intelligence system significantly impacts upon the enjoyment of human rights and fundamental freedoms;
Providing notice that one is interacting with an artificial intelligence system and not with a human being.
In addition, States are also expected to ensure that appropriate measures for risk and impact management are implemented. This includes calling for key actors engaged in the development and deployment of AI to carry out risk and impact assessments in respect of actual and potential impacts on human rights, democracy and the rule of law, in an iterative manner; establish sufficient prevention and mitigation measures as a result of the implementation of these assessments; and to make room for the possibility of introducing a ban or moratorium on certain applications of AI systems, also called red lines.
The Framework Convention covers the use of AI systems by all public authorities and private actors acting on their behalf, as well as private actors themselves. The Framework Convention does not apply to matters of national defence and R&D activities, except when the testing or use of AI has the potential to interfere with human rights, democracy, and the rule of law. There are two ways to comply with the principles and obligations of the Convention:
Parties may opt to be directly obliged by the relevant provisions, OR
Parties may take other measures to comply with the obligations while also fully respecting their international obligations in relation to human rights, democracy, and the rule of law.
There is a follow-up mechanism called the Conference of the Parties, which comprises official representatives of the Parties to the Framework Convention. This mechanism will determine the extent to which its provisions are being implemented. All findings and recommendations from this mechanism will help ensure compliance. The mechanism also strives to facilitate cooperation with relevant stakeholders, including through public hearings concerning pertinent aspects of the implementation of the Framework Convention.
