12 10.1163/22131035-14020001 | enigbokan fulfil and protect human rights.58 Finally, human rights laws balances rights where there is conflict and has garnered consensus globally.59 This article supports the application of a human rights approach because ai has the potential to affect the rights of vulnerable populations. A human rights approach ensures that everyone’s fundamental rights are respected, protected, and fulfilled. Statelessness is fundamentally a human rights issue, as the lack of nationality and legal recognition can lead to the denial of basic rights for stateless individuals. Accordingly, applying a human rights approach to assess the use of ai in statelessness determination is consistent with the objectives of the 1954 Convention, which seeks to ensure the recognition and protection of stateless persons. The arguments for the view that human rights do not apply to ai are not convincing as the responses by the scholars above highlight. In this regard, the following section examines the potential human rights challenges associated with replacing human decision-makers with ai. Challenges of Replacing Human Decision-Makers with ai Algorithms in Statelessness Determination Although ai can handle complex tasks, the complexity of nationality laws may limit its ability to accurately assess statelessness applications. As a result, ai can reinforce and worsen existing challenges. This section explores the challenges associated with the potential use of ai algorithms as a complete replacement for human decision-makers in the determination of statelessness, along with the human rights implications this may have for stateless persons. The section focuses on non-discrimination, procedural fairness, and the right to privacy which are the main areas of challenge (although there may be other human rights affected to). 3.2 3.2.1 Bias, Equality and ai Emotions are commonly seen as a major source of decision bias. The lack of emotions in ai might lead people to view it as fairer than humans, as it is free from personal biases, ensuring consistency.60 Legomsky states that consistency can contribute to equal treatment, certainty as well as efficiency 58 59 60 D Bilchitz ‘The Necessity for a Business and Human Rights Treaty’ 2016 (1) Business and Human Rights Journal 203–227. Jones, (n 32) at 15. Benedict Sheehy and Yee-fuing Ng, ‘The Challenges of ai Decision-making in Government and Administrative Law: A Proposal for Regulatory Design’ (2024) 55(3) Indiana Law Review 675–676. International Human Rights Law Review (2025) 1–31