In a historic move, the Council of Europe has adopted a groundbreaking Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law. Signed in Vilnius on September 5, 2024, this Convention marks a significant step towards establishing a comprehensive legal framework for AI governance with a strong focus on protecting fundamental values in an increasingly digital world.
The Convention’s primary purpose is to ensure that activities throughout the lifecycle of AI systems align with human rights, democratic principles and the rule of law. This ambitious goal reflects the growing recognition that AI technologies, while offering unprecedented opportunities for human progress, also pose potential risks to individual freedoms and societal values.
The scope of the Convention is broad, covering AI systems used by public authorities or private actors acting on their behalf. Importantly, it also addresses risks arising from private sector AI activities, acknowledging the pervasive influence of AI across all sectors of society.
Key principles enshrined in the Convention include the protection of human rights, safeguarding democratic processes, respecting human dignity and individual autonomy, ensuring transparency and oversight, promoting accountability and responsibility, upholding equality and non-discrimination, protecting privacy and personal data, and fostering reliability and safe innovation in AI development.
The Convention goes beyond mere declarations of principles by mandating concrete steps for implementation. Each party to the convention is required to adopt or maintain appropriate legislative, administrative or other measures to give effect to the Convention’s provisions. These measures are to be graduated and differentiated based on the severity and probability of adverse impacts on human rights, democracy and the rule of law throughout the lifecycle of AI systems.
A cornerstone of the implementation strategy is the establishment of a comprehensive Risk and Impact Management Framework. This framework requires Parties to identify, assess, prevent, and mitigate risks posed by AI systems. It emphasizes considering the context and intended use of AI systems, involving relevant stakeholders, and applying iterative monitoring throughout the AI system’s lifecycle.
The Convention also mandates the provision of remedies and procedural safeguards for those affected by AI systems. This includes ensuring that relevant information about AI systems with significant human rights impacts is documented and made available to affected persons, allowing them to contest decisions made or informed by these systems.
To ensure compliance, each Party must establish or designate independent and impartial oversight mechanisms with the necessary powers, expertise, and resources. The Convention also emphasizes the importance of public consultation and the promotion of digital literacy across all segments of society.
While the Convention does not outline a uniform penalty system, it provides a framework for enforcement primarily through domestic legal systems. Parties are expected to establish appropriate penalties and enforcement mechanisms within their national legislation. The Convention also creates a system of peer review and accountability through periodic reporting to the Conference of the parties.
The effectiveness of this approach will largely depend on the commitment of the Parties to implement the Convention’s provisions robustly within their domestic legal systems and to participate actively in the international follow-up mechanisms.
The Convention has garnered wide-ranging support from both European and non-European states. Among the first signatories were representatives from France, Germany, Italy and the United Kingdom, as well as the European Union. Several other Council of Europe member states, including Finland, Estonia and the Netherlands, known for their digital innovation, were also among the early signatories. Notably, the United States, Canada, Japan and South Korea signed as non-member states, reflecting the global importance of this framework.
This widespread support underscores the global recognition of the need for a common approach to AI governance that balances innovation with the protection of fundamental rights and democratic values. As AI continues to transform various aspects of society, this Convention may play a vital role in shaping the development and use of AI technologies in a manner that respects and promotes human rights, democracy and the rule of law.