10 3 10.1163/22131035-14020001 | enigbokan Human Rights Difficulties of ai in Statelessness Determination 3.1 Applying Human Rights Frameworks to ai Governance Some human rights scholars argue for the application of human rights frameworks to set clear boundaries on the use of ai and to address its potential societal implications. Eileen et al asserts that the existing universal humanrights framework is ideal to address the critical societal concerns about the potential impacts of ai if we want to ensure that ai is applied in ways that respect human dignity, democratic accountability, and the bedrock principles of free societies.44 Others also argue for the application of human rights standards to set clear boundaries on ai’s use in administrative law determinations such as around statelessness status.45 Conversely, Teo contends that until international human rights laws are reassessed, existing laws are not sufficient to address novel challenges posed by emerging technologies. She asserts that ai harm challenges the foundational assumptions of the human rights to privacy and also the normative justifications of the human rights framework.46 In this regard, Teo asserts that the use of ai challenges the individual’s ability to address harms because they are less able to understand algorithmic mediations enabled through datafication.47 This, in turn, undermines the core protections of human rights frameworks, which are intended to empower individuals.48 Hence, he refers to this as a slow violence of ai towards human rights. Other proponents of international human rights law argue that these legal frameworks are ineffective in addressing new technological issues for several reasons. Firstly, while human rights law addresses normative limitations on personal freedom and autonomy, it mostly ignores non-normative limitations – restrictions not established by law but from moral or social factors.49 Secondly, international human rights law is still not fully applicable to private companies and businesses.50 Lastly, 44 45 46 47 48 49 50 Donahoe Eileen and Megan MacDuffee Metzger, ‘Artificial Intelligence and Human Rights’ (2019) 30(2) Journal of Democracy 116. Barbosa and de Moraes, (n 1) at 300. Sue Anne Teo ‘Artificial intelligence and its ‘‘Slow Violence’’ to Human Rights’ (2024) 5(3) ai and Ethics 2270. Ibid, 2267–2269. Ibid. Hin-Yan Liu, ‘ai Challenges and the Inadequacy of Human Rights Protections’ (2021) 40(1) Criminal Justice Ethics 7; Giovanni Sartor, ‘Artificial intelligence and human rights: Between Law and Ethics’ (2020) 27(6) Maastricht Journal of European and Comparative Law 705–719. Jędrzej Niklas, ‘Human Rights-based Approach to ai and Algorithms’ in Woodrow Barfield, The Law of Algorithms (Cambridge University Press, 2020)520 543. International Human Rights Law Review (2025) 1–31