Opinion 303 (2024)1Provisional version

Draft Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law

Parliamentary Assembly

1. The Parliamentary Assembly considers that artificial intelligence (AI) brings both opportunities andchallenges. The position of the Assembly in this field has always highlighted the importance of striking theright balance between mitigating the risks and making full use of the advantages that AI can offer in promotinga better life for all.

2. The Assembly recalls its previous work on AI. In 2020, it adopted a set of resolutions andrecommendations examining the opportunities and risks of AI for democracy, human rights and the rule oflaw. These included Resolutions 2341 (2020) “Need for democratic governance of artificial intelligence”,2342 (2020) “Justice by algorithm – The role of artificial intelligence in policing and criminal justice systems”,2343 (2020) “Preventing discrimination caused by the use of artificial intelligence”, 2344 (2020) “The brain-computer interface: new rights or new threats to fundamental freedoms?”, 2345 (2020) “Artificial intelligenceand labour markets: friend or foe?”, 2346 (2020) “Legal aspects of ‘autonomous’ vehicles”, its relatedrecommendations as well as Recommendation 2185 (2020) “Artificial intelligence in health care: medical,legal and ethical challenges ahead”. The Assembly endorsed a set of key ethical principles that should berespected when developing and implementing AI applications. These principles, which were further elaboratedin a common appendix to all these reports, are:

2.1. transparency, including accessibility and explicability;

2.2. justice and fairness, including non-discrimination;

2.3. human responsibility for decisions, including liability and availability of remedies;

2.4. safety and security;

2.5. privacy and data protection.

3. The Assembly strongly believes that legal regulation is necessary in order to avoid or mitigate thepotential risks to democracy, human rights and the rule of law arising from the use of AI. In this context, theCouncil of Europe, as a leading international standard-setting organisation in the field of democracy, humanrights and the rule of law, should play a pioneering role. While supporting the work of the Council of EuropeAd hoc Committee on Artificial Intelligence (CAHAI) at the time, Assembly called on the Committee ofMinisters to decide upon the preparation of a legally binding instrument governing artificial intelligence,possibly in the form of a convention open also to non-member States that should be based on acomprehensive approach, deal with the whole life cycle of AI-based systems, be addressed to all stakeholdersand include mechanisms to ensure its implementation. The Assembly therefore warmly welcomes thefinalisation of the draft Framework Convention on Artificial Intelligence, Human Rights, Democracy and theRule of Law by the Council of Europe Committee on Artificial Intelligence (CAI).

1. Assembly debate on 18 April 2024 (13th sitting) (see Doc. 15971, report of Committee on Legal Affairs and HumanRights, rapporteur: Ms Thórhildur Sunna Ævarsdóttir). Text adopted by the Assembly on 18 April 2024 (13th sitting).

https://pace.coe.int

13 DE MAIO DE 2024 _____________________________________________________________________________________________________________

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