examining the potential challenges | 10.1163/22131035-14020001 23 violations, weakening the core purpose of the human rights framework: the empowerment and protection of the individual.130 Additionally, the lack of reasoning disrespects individuals, as respect caters to individual’s need to understand the treatment they receive from decision-makers. It also infringes on their right to seek review and an effective remedy.131 3.2.5 ai’s Lack of Empathy and Ethical Consciousness: Best Interests of the Child Scientists are still working on ai, and their efforts will aim to make ai more emotionally, cognitively, and socially intelligent.132 Care, empathy, and ethical consciousness which are intuitive of human intelligence, and which tacitly influence public decision making are beyond current ai capability and even future ai development.133 Children are particularly vulnerable because they may be less able to understand how their data is being used, anticipate how this might affect them, and protect themselves against any unwanted consequences.134 The best interest of the child is a cardinal principle in the determination of statelessness. The general principle articulated in article 3 of the crc applies which provides that ‘in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration’.135 In this regard states are placed under a strong legal responsibility.136 130 131 132 133 134 135 136 Anne Teo, (n 46) at 2267. Arts. 2(3), 13 iccpr; Jarrod Hepburn, ‘The Duty to Give Reasons for Administrative Decisions in International Law’ 61(3)(2012) International and Comparative Law 641–663; Meltem Ineli Ciger, ‘Artificial Intelligence and Resettlement of Refugees: Implications for the Fundamental Rights’ rsc Working Paper 2023/44 at 14–20. Forster, (n 6) at 5. Bert Olivier, ‘Artificial intelligence (ai) and Being Human: What is the Difference?’ (2017) 49 Acta Academica 2; Nafees Ahmad, ‘Refugees and Algorithmic Humanitarianism: Applying Artificial Intelligence to rsd Procedures and Immigration Decisions and Making Global Human Rights Obligations Relevant to ai Governance’ (2020) 1–69 International Journal of Minority Group 2. ico, ‘When do we need to do a dpia’ <https://ico.org.uk/for-organisations/uk-gdpr -guidance-and-resources/accountability-and-governance/data-protection-impact -assessments-dpias/when-do-we-need-to-do-a-dpia/> accessed 30 September 2025. Art. 3 crc. UN Committee on the Rights of the Child General Comment 14 ‘on the right of the child to have his or her best interests taken as a primary consideration,’ crc /c/gc/14 29, May 2013 para 36. International Human Rights Law Review (2025) 1–31

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