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human rights, it is argued, are unable to provide guidance when values
conflict.51
Building on the arguments of the earlier mentioned proponents for the
application of human rights frameworks in ai governance, some human rights
scholars convincingly oppose the above views which do not see human rights
as being able to provide assistance in this field. Jones asserts that international
human rights law may not currently address all the potential harms caused by
ai. However, human rights should rather be the starting point for normative
constraints on ai, the baseline to which new rights or further ethical guardrails
might appropriately be added, including any ethical principles that businesses
or other entities may choose to adopt.52 Hogan and Lasek too add that human
rights language functions both in moral and legal terms and, therefore, has the
capacity to handle both the ethical and legal dimensions of ai.53
In addition to the above arguments, other human rights scholars assert
that because the principles of the international human rights framework are
thorough and well-defined, they apply to the field of ai and can be modified
to accommodate novel situations and changing social norms. Furthermore,
it covers the wide range of pressing concerns that ai raises, both procedural
and substantive,54 including its provision for accountability and redress.
Individuals or groups can file complaints to treaty bodies to hold states
accountable when there are violations of these treaties. Furthermore, there are
currently significant developments taking place to extend respect for human
rights beyond the state to private actors.55 Companies play a critical role in
this regard, as they are often the developers of ai technologies, and thus bear a
responsibility to respect human rights through measures such as due diligence
and impact assessments.56 There is also the development of binding due
diligence obligations in Europe.57 States in turn have additional obligations to
51
52
53
54
55
56
57
Jones, (n 32) at 20.
Ibid, 15.
Linda Hogan and Marta Lasek-Markey, ‘Towards a Human Rights-based Approach to
Ethical ai Governance in Europe’ (2024) 9(6) Philosophies 4.
Eileen and Metzger, (n 44) at 119.
United Nations Guiding Principles on Business and Human Rights <https://www.ohchr
.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf>
accessed 30 September 2025.
ohchr, ‘B-Tech Project’, https://www.ohchr.org/en/business-and-human-rights/b-tech
-project> accessed 30 September 2025.
European Union Corporate Sustainability Reporting Directive, 2022/2464.
International Human Rights Law Review (2025) 1–31