examining the potential challenges | 10.1163/22131035-14020001
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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