examining the potential challenges | 10.1163/22131035-14020001
5
31
Conclusion
If ai machine learning algorithms completely replace human decision-makers
in the determination of stateless status, there is a grave risk of serious human
rights violations. I have outlined concerns relating to discrimination, due
process and privacy. Until ai algorithms are adequately trained to interpret
complex legal terms and demonstrate ethical awareness, they should not
completely replace human decision-makers. Doing so could exacerbate
existing challenges and undermine ongoing efforts to ensure the recognition
and protection of stateless persons. In addition, States must ensure that data
on stateless persons are reliable and accurate to prevent future biases in the
application of ai algorithms.
Despite the above concerns, there are some uses of ai algorithms that can
assist decision-makers to process statelessness applications in an efficient
manner. Governments can turn to ai algorithms, to assist officials, without
completely replacing human decision makers with them. Although, if ai is
used only partially, significant challenges remain – particularly regarding
privacy risks and the accuracy of the information generated. Appropriate
mitigation strategies can be put in place to address these concerns. Human
oversight is also necessary to ensure information is accurate.
International Human Rights Law Review (2025) 1–31