Review article
https://doi.org/10.32984/gapzh.15.1.6
Articulating and Evaluating Crises in the Light of Human Rights: The Case of Artificial Intelligence
Matija Miloš
; Faculty of Law, University of Rijeka
*
Iva Parenta
; Faculty of Law, University of Rijeka
*
* Corresponding author.
Abstract
Human rights and crises apparently remain in tension with each other. Crises challenge human
rights, while human rights must provide limits to how we respond to crises and may have
to be rescued from long-lasting or potentially permanent situations of crisis. In this paper, we
provide an alternative view of the interplay between crises and fundamental rights. We explore
human rights as sources of arguments for articulating crises. This demonstrates how
human rights are involved in the existence of a crisis, not just because they are pushed out, or
suppressed by it. In order to explore this perspective further, we ask how it helps to imagine
the challenge of regulating artificial intelligence as a crisis in its own right. The example of artificial
intelligence is particularly apposite for this as it reminds us that crises can only be identified
if their normative component is defined. To explore this perspective, we articulate two
roles of human rights in relation to crises: defining the space of crises and assigning the roles
in a crisis situation. We go on to show how they are reflected in efforts to regulate artificial
intelligence. By deploying a risk-based perspective, these efforts are only apparently detached
from the human rights discourse, actually creating new spaces to use fundamental rights in
defining different visions of crises.
Keywords
crisis, human rights, artificial intelligence, hermeneutics
Hrčak ID:
318944
URI
Publication date:
11.7.2024.
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