A Study the Review of Human Rights in Context of Artificial Intelligence

Challenges and Implications for Human Rights in the Age of Artificial Intelligence

by Astha Garg*, Dr. Vipin Kumar,

- Published in Journal of Advances and Scholarly Researches in Allied Education, E-ISSN: 2230-7540

Volume 18, Issue No. 4, Jul 2021, Pages 1061 - 1066 (6)

Published by: Ignited Minds Journals


ABSTRACT

The phrase artificial intelligence was first used in 1956, concept dates back even longer, to the late 1700s. The existing impetus is supported by the availability of massive data sets, accessible affordable computing power, ongoing statistical method development fact that technology is increasingly part of everyday life. Furthermore, there is a genuine possibility that commercial and governmental use will have a negative influence on human rights, as is the case with most developing technologies. The protection of human rights is challenged by AI. The fundamental tenet of human rights is the inviolability of human life, with the implicit premise that humans are superior to other kinds of life and so deserving of more protection.

KEYWORD

artificial intelligence, human rights, context, massive data sets, computing power, statistical method development, technology, commercial use, governmental use, negative influence

INTRODUCTION

Everyday life is influenced by AI and its applications, from social media feed duration to regulating city traffic, from autonomous vehicles to linked consumer electronics like smart assistants, spam filters, voice recognition systems, & search engines. Although these applications have suddenly become popular, AI research & development have been ongoing for more than 50 years. Although the concept of AI has been around since the late 1700s, the term first emerged in 1956. Massive data sets, readily available & reasonably priced processing power, continual statistical method development & facts presence of technology in daily life all play a role in today's drive.More often than most people ever realize, we rely on it. AI can improve society if used wisely. Furthermore, there is a genuine possibility that commercial and governmental use will have a negative influence on human rights, as is the case with most developing technologies. Applications of these technologies, in particular, usually rely on the production, gathering, processing, or sharing of vast amounts of data, both about individual & group behavior. This information can be used to characterize people and forecast their behavior in the future. While some of these uses, such as spam filters and online shopping suggestions, may appear harmless, some could have more negative effects & pose unprecedented risks to the rights to privacy, democracy, & information (often known as "freedom of expression"). Other rights, like as the right to an effective remedying, the right to a fair trial, & right to be free from discrimination, may potentially be impacted by the usage of AI. As a result, the threat modeled by AI is not one of a supremely clever machine enslaving humanity, but rather one of fundamental issues with AI as it is being used now. The topics discussed of this general analysis are uses of "artificial narrow intelligence," in especially machine learning, and its effects on human rights. In the digital age, this correlationamongst the right to privacy & freedom of speech is much stronger. The right to privacy is a requirement for exercising freedom of expression because, without it, people lack the room to speak, think, & find their voice. Without the ability to express themselves freely, people could not grow to feel like themselves. Therefore, both of these rights are fundamental pillars of free and democratic societies and among the prerequisites for advancement with the fulfillment of each person's potential. Freedom of expression must be recognized & safeguarded if democracy, accountability, & good government are to flourish. The same may be said for the right to privacy, which acts as a strong deterrent to both government & corporate authority.While many emphasize the necessity to carefully consider integrating AI applications into society's "safety-essential systems," such as water & energy grids, it is crucial to refocus the greater discussion on the usage of AI in "human rights key contexts." Understanding the consequences, risks, and possibilities of AI is crucial for policymakers, regulators, businesses, civilized society, and other stakeholders focusing on the right to privacy & freedom of expression. tools & methods with varying degrees of autonomy, complexity, & abstraction. This broad application includes domain-specific AI algorithms, fully autonomous & networked things, fully automated machine learning (which generates inferences, predictions, and judgments about individuals), and even the futuristic notion of an AI "singularity." It is difficult because various types of AI systems pose diverse ethical and legal concerns due to the lack of definitional clarity. From a conceptual standpoint, it's crucial to take into account the following fundamental ideas in discussions on AI: Artificial limited intelligence, with varying levels of technical sophistication & autonomy, is the capacity of computers to imitate human capabilities in specific fields. Instancescontainchatbots who assist by responding to particular inquiries, Deep Blue, an IBM chess-playing computer that notably defeated Garry Kasparov in May 1997, & computer system that defeated the current Go champion in May 2017. The ultimate objective of a system that exhibits intelligence across numerous domains, has the facility to learn new abilities, and mimics or even exceeds human intelligence is artificial general intelligence. This goal has not yet been attained. The development of artificial general intelligence is said to have the probable to bring about the "singularity," or a time of exponential technological advancement that fundamentally alters human civilization. At the absolute least, this is decades distant, if not completely improbable. Any instruction that performs a series of commands, such as computer code, can be referred to as an algorithm. This is crucial to how computers handle data. It refers to "encoded techniques for transforming input data into the required output, depending on particular computations," for the purposes of this research. Automated decision-making often entails extensive data collecting from a variety of sensors, algorithmic data processing, and automatic performance. Large-scale data management, organization, analysis, & decision-making are made more effectively with this method. AI may or may not be used, and different levels of human engagement may be present. It has the power to make choices and provide knowledge and information that have a big impact on how people exercise their human rights. In the realm of AI, ML is a well-liked method that has become more well-known recently. It frequently employs algorithms that have been trained on enormous data amounts to gradually increase a system's performance at a task. The majority of tasks require making decisions or spotting patterns, and there are several alternative outcomes in a variety of fields and applications. Nowadays, a lot of the technologies that are often referred to as AI are actually machine learning systems. Learning that is rewarded, monitored, & unsupervised these three categories are typically used to group machine learning together. The majority of current AI applications include supervised machine learning. Supposing that the input data is accurately labelled, it aims to educate the computer to predict an output. A continuous numerical output could be predicted using supervised machine learning through regression, or a discrete valued output could be predicted using classification. Contrarily, unsupervised learning depends on the computer software recognizing structure within the data based on particular features.The third sort of learning involves placing the program in a setting and having it learn how to act successfully there based on feedback from successes & failures. Big Data: datasets that are too big or complicated for analysis by conventional data processing software. Big data has become more widely available as a result of society's rising internet use, and this, along with quick advancements in computing power, have made significant advancements in AI possible over the past ten years. Data Mining: the procedure for mining huge databases for patterns & information. Machine learning is frequently used in the big data era to facilitate data mining. Machine Learning (ML): AI includes the subfield of machine learning. ML, according to Harry Surden, is the ability of computer algorithms to "learn" or get better at a task over time. In essence, it is a machine that continuously learns from data. Using "a statistical process that starts with a body of data & attempts to build a rule or procedure that explains the data or may anticipate the data," this learning is accomplished. A model is the output that is produced. This is distinct from the conventional method of developing AI, which entailed a programmer attempting to transfer human decision-making into computer code. ML powers the vast bulk of AI in use today.Generally, several ML algorithms outperform humans at a wide range of tasks, including driving or certain disease diagnosis. Deep Learning: a method of machine learning that kind‘susage of "neural networks," architecture inspired by the human brain. These are made up of a number of stacked units that were inspired by neurons. A set of input values are processed by each layer of units, & output values are then sent to the following layer of units. In order to distinguish exceedingly complicated & exact patterns in data,

Consider image recognition software that uses neural networks to recognize an image of an elephant to further investigate this.The initial layer of units may scan the unprocessed visual data for the simplest patterns, such as the presence of an object with what appeared to be four legs. The following layer would then search for patterns within these patterns, maybe indicating the presence of an animal. The trunk may then be identified by the following layer. This process would go on through more layers, identifying ever-closer patterns in the image, until the network was able to identified that the image was, in fact, of an elephant.

Figure 1: The „Neural Networks‟ Structure

Much of the optimism surrounding AI is due to advances in deep learning, which can accurately process & identify patterns in vast volumes of data. Deep learning has replaced decision-tree structures, which were frequently used in the early stages of machine learning. It frequently serves as the foundation for particular ML techniques like ML & NLP.

EVOLUTION OF HUMAN RIGHTS

The nature has bestowed man with two related characteristics; first as an individual and then as a social being. Living in group organized community is natural to him to understand human rights; one must look through their history, which will take us back to the day when man first started living in groups. It was natural that manyinstances might prevailed over what was right; those who held power dominated the weak. These rights of established conventions or understandings, such as the relationship between the rulers & ruled, were eventually brought together in diverse ways throughout the world as time went on. The notion of usual law, which they found voice in, became the emblem of the populace's revolt against absolute despotism & foundation of constitutional democracy worldwide. One may point to key turning points in the formation of the idea of human rights as the Magna Carta in England, the American Declaration of Independence, French Declaration on the Rights of Man, & Bolshevik Revolution in Russia. nowhere do women & men have full equality in terms of rights. The achievements are partially explained by the adoption of two significant international agreements in 1948. Firstly, the International Labour Conference adopted the Freedom of Association & Protection of the Right to Organize Convention in July, formalizing in international labor law protection of the rights of employ& employers to associate freely, without prior authorization. The UDHR was then ratified by the UN General Assembly later that year, providing a framework for the advancement of human rights. There was a time in prehistory when few people had the freedoms of speech, assembly, & association. Only after the industrialized revolution & release of human creativity from feudal restraints did some forward-thinking individuals start to consider whether or not respect for human rights would be in everyone's best interests. Before these concepts were declared internationally, it took much longer. The development of global institutions, which laid the groundwork for the international instruments that many now take for granted, did not begin until this century. And the International Labor Organization (ILO) has been influential. In the framework of world history, the idea of international labor standards is a relatively new development. The development of international human rights, and particularly of international labor standards, was sparked by the Industrial Revolution of the 19th century and the associated intellectual movement. As the human toll of industrialization became clear, there was a rise in the value of worker protection & creation of a set of global norms to provide equal protection for all. Industrialists worried that if they individually improved labor conditions, they would lose out to rivals. In order to generate a level playing field for all parties, this led to the requirement for international social regulation. To further social justice, the ILO was founded in 1919. This strategy was expanded upon and more defined in the 1944 Declaration of Philadelphia. Adoption of international norms in the form of Conventions, which are comparable to treaties & impose responsibilities on member States once they are ratified, served as the primary vehicle of action. The ILO Constitution established the idea that labor standards are a crucial tenet of development and peace. It is believed that upholding standards is essential for promoting social harmony, economic development, and enduring peace. The aspect of tripartitism, which distinguishes ILO standards from other international standards, is a special component of their development.The ILO depends on the engagement of governments as the most representative employers' and workers' organizations. Despite the occasionally contentious established through collaboration and come to a consensus of the differing viewpoints of the various parties, they have some degree of dynamism & universality. As a result, while maintaining their full universality, the standards developed are more flexible to various economic & social contexts. Additionally, the complete range of other human rights are strongly related to these rights at work and would be far less meaningful without the firm foundation of fundamental economic & social rights established by the ILO. In the Philadelphia Declaration of 1944 & ILO Constitution of 1919, the fundamental tenants of labor & human rights are spelled out. To address injustice, hardship, & privation, the Preamble to the ILO's Constitution specifically mentions "respect of the concept of freedom of association." The Declaration of Philadelphia, which serves as the cornerstone of the ILO, reiterates the fundamental tenet that "freedom of expression & association are important to continued progress" (Art. I (b)).The International Labour Conference stated in 1998 that all member States had a commitment "to respect, to promote, and to fulfill, in good faith" fundamental labor & human rights. This statement was made in response to new concerns regarding the relevance & universality of these rights. The freedom of organization & effective acknowledgment of the right to collective bargaining are the fundamental rights covered by those Conventions. The UN's authority to address issues related to human rights has been correctly noted, & UN Charter's provisions in Article 2(7) cannot be used to challenge that authority. The issue of human rights violations was now a global issue rather than one that fell under state law.That Declaration's commitment effectively increases the cost of violating fundamental rights. Not by outlining new rights, but rather by including a mechanism for acquiring regular reports on the four aspects of core rights, a necessity that the ILO prepare a global review, & ILO's duty to reorient the use of its resources to support member States in putting these principles into practice. The Declaration's goal is to encourage respect for fundamental rights, not to penalize violations. This solemn Declaration has inherent worth since it symbolizes a reaffirmation of the universality of fundamental values and rights by governments & both social partners during a period of intense uncertainty & doubt.

IMPORTANCE OF CONCEPT OF HUMAN RIGHTS

All of us belong to one family: Mankind. Every member of our family has the same fundamental and equal rights. Each of us is entitled to have these rights respected and each of us has a responsibility to protect these rights for all others. Differences of race, sex, language and colour do not change these rights. Now go differences of property, social origin, political ideas our religious beliefs. Everyone regardless of who It is worth mentioning here that the subject of ‗human rights‘ is of universal concern that cuts across major ideological, political and cultural boundaries. Respect for human personality or its absolute worth, independent of color, ethnicity, gender, religion, or other concerns, is the basic standard regulating the idea of human rights. These rights are necessary for the full development of the human personality & happiness. Human rights have been a varied & dynamic concept woven into the fabric & woof of human history.It has in fact varied from generation to generation and evolved with the changing times and under the constantly shifting conditions. Even within the same society, perception of what human rights are, may vary from State to State. Human Rights ought to be for all men and women, general and universal and not linked to any special positions. What shall vary in different situations and at different points will be the extent of implementation and limitation of human rights and not the content or nature of the rights themselves. Human rights both of individuals and of society, of groups, of minorities and of majorities.

AI AND HUMAN RIGHTS

AI has ―generated new forms of oppression that disproportionately impacts the most powerless & vulnerable people The notion of human rights resolves power disparities by providing individuals & organizations that organize them with the language & methods to challenge the behavior of more powerful entities such as states & corporations.‖

Universal & obligatory, human rights are enshrined in a corpus of international law. Governments have additional responsibilities to safeguard & uphold human rights, but both governments and businesses must uphold and respect them. There is a vast network of national, regional, & international agencies and organizations that clarify how to apply human rights law to evolving situations, such as technological advancements, and give well-developed frameworks for remedies.Additionally, the moral validity of human rights carries a large amount of normative weight in situations when domestic law is absent. Human rights violations have negative political & reputational effects around the world, and naming & shaming offenders is frequently an effective tactic. Among the most egregious societal injustices brought on by AI can be addressed by human rights law, or such harms can be avoided in the future.

LITERATURE REVIEW

Bert Heinrichs et al. (2020) investigate the claim made by a number of authors that the usage of

first engage in the intense philosophical discussion around prejudice and offer my own definition of the term. With this explanation in hand, I go on to evaluate some current research on the usage of AI/ADM and discriminating. In my analysis of discrimination, I demonstrate how the common assertion regarding the aggravation of discrimination is unjustified. Ultimately, I contend that the employment of AI/ADM can, in fact, exacerbate concerns of discrimination, but in a differently than most critics assume: It does so by endangering our moral deliberation, that is crucial for determining what should constitute discrimination. As a result, it appears that algorithms may actually assist in the detection of covert types of discrimination. C. A. Ashraf (2020) Building pluralistic, tolerant society that can support a variety of competing ideas requires the freedom of religion or belief. However, the protection & enjoyment of this and other human rights are threatened by the opaqueness of AI systems on the Internet. Despite the fact that AI has sparked interest in the human rights literature, these studies have mainly concentrated on AI's effects on privacy & freedom of expression, neglecting other rights such the freedom of religion or belief. This study will examine how artificial intelligence affects online freedom of religion or belief as part of a larger research initiative to broaden the academic discussion around AI & human rights. Along with the effects of AI on content presentation, content moderation, & online privacy, the article will concentrate on the worship, teaching, observance, &practise related to freedom of religion or belief. In order to promote discussion on policy approaches to AI development & deployment that contain safeguards for freedom of religion or belief in the age of AI, the report will provide some initial policy recommendations. Nalbandian, Lucia (2020) The stated intent of AI was to use'smart' algorithms & sophisticated information processors to enable individuals to efficiently complete time-consuming data analysis tasks. But it soon became clear that the ability of AI to mine &analyse vast data would be very helpful in establishing surveillance policies. In the broader contexts of managing migration & asylum, vulnerable populations have been registered and managed using increasingly sophisticated AI tools without much consideration for potential abuses of the data collected or the overall moral and legal foundations of these operations. Three examples are looked at in this article. The first case looks into the UNHC for Refugees' choice to implement a biometric matching engine utilising AI to to obtain identification documents. The second example focuses on the introduction of AI by the New Zealand government to enhance border security & simplify immigration. The third instance examines data mining & biometric identification methods used by the US government to locate (and ultimately deport) unauthorised immigrants. The article begins by demonstrating the growing reliance on AI tools by governments and international organisations to assist in the execution of their immigration policies & initiatives. The article goes on to explain how, in spite of well-intended efforts, the choice to use AI tools to boost effectiveness & support the implementation of migration or asylum management policies frequently entails jeopardising or completely sacrificing individuals' human rights, including confidentiality, and raises concerns about vulnerability & transparency. Fabrice Jotterand et al. (2020) Should or won't AI re-humanize medicine? We contend that the ethical framework supporting a responsible application of such technologies should be revisited as AI becomes more prevalent in clinical care. Since it is uncertain how the application of AI would promote & augment the humanistic dimensions of medical practise, the rise of AI in the clinical context may test our traditional moral boundaries surrounding debates of patient care. The anthropological implications of AI in the therapeutic setting, the approach(es) & framework(s) utilised to address ethical issues in medicine, & effect of AI on clinical practice—particularly the nature of clinical judgment—are all causes for worry. In order to guide future, more in-depth conversations about clinical practise& preparation of future health professionals, these three issues are discussed. Eniko Sta (2020) In light of algorithmic monitoring, this essay investigates the extent to which current interpretations of the concept of agency, as traditionally understood under human rights legislation, offer difficulties for the defence of human rights. The study is aimed into the safeguards of notification & redress - crucial safeguards established by the Court in secret surveillance cases - that are used as illustrations to depict their inadequacy in light of algorithmic surveillance. The usage of algorithms develops new surveillance techniques and calls into question core assumptions about the concept of agency in defending human rights. Putting too much emphasis on victimhood does not offer a workable answer to the issues about agency for the protection of rights in the context of algorithmic intelligence is needed in order to give effective protection to people.

CONCLUSION

AI is becoming more prevalent in our lives, reflecting a growing trend of turning to algorithms for help or making decisions entirely. The effectiveness of algorithms is increasingly enhanced through ―Big Data:‖ availability of an enormous amount of data on all human activity and other processes in the world which allow a particular type of AI known as ―machine learning‖ to draw inferences about what happens next by detecting patterns. It is critical to refocus the larger discussion on the application of AI in "critical contexts for human rights. Universal & obligatory, human rights are enshrined in a corpus of international law. Governments have additional responsibilities to safeguard & uphold human rights, but both governments and businesses must uphold & respect them.

REFERENCES

1. Abhivardhan. (2018). ―The Wider Realm to Artificial Intelligence in International Law‖ SSRN. Retrieved from: papers.ssrn.com/sol3/papers.cfm?abstract_id=3172280. 2. Access Now (2018) Human rights in the age of artificial intelligence. https://www. accessnow.org/cms/assets/uploads/2018/11/AI- and- Human- Rights.pdf. 3. Akhmetova, R., & Harris, E. (2021). Politics of technology: the use of artificial intelligence by us and canadian immigration agencies and their impacts on human rights. In Digital Identity, Virtual Borders and Social Media (pp. 52-72). Edward Elgar Publishing. 4. Andorno, R (2016). Is vulnerability the foundation of human rights? Human dignity of the vulnerable in the age of rights (pp. 257–272). Cham: Springer . 5. Ashraf, C. (2020). Exploring the impacts of artificial intelligence on freedom of religion or belief online. The International Journal of Human Rights, 26(5), 757-791. 6. Bathaee, Y (2018). The artificial intelligence black box and the failure of intent and cau- sation. Harvard Journal of Law & Tech, 31 (2), 889–937 . 7. Big data, artificial intelligence, ma- chine learning and data protection. Version: 2.2, 2017. https://ico.org.uk/media/ for- organisations/documents/2013559/big- data- ai- ml- and- data- protection.pdf. 8. Brundage, M., Avin, S., Clark, J., Toner, H., Eckersley, P., Garfinkel, B., Dafoe, A., Scharre, P., Zeitzoff, T., Filar, B., Anderson, Malicious Use of Artificial Intelligence: Forecasting, Prevention, and Mitigation‖. Retrieved from: https://arxiv.org/ftp/arxiv/papers/1802/1802.07228.pdf 9. Cath, C (2018). Governing artificial intelligence: Ethical, legal and technical opportu- nities and challenges. Philosophical Transactions of the Royal Society A: Mathemati- cal, Physical and Engineering Sciences . https://royalsocietypublishing.org/doi/full/10. 1098/rsta.2018.0080 . 10. Christiaan, V., & Corinne, C. (2018). Artificial intelligence: What‘s human right got to do with it? Data & society points. Retrieved August 28, 2019, from https://points.datasociety.net/artificial-intelliegence-whats-human-rights-go-to-do-with-it-4622ec1566d5 11. Christiaan, V., & Corinne, C. (2018). Artificial intelligence: What‘s human right got to do with it? Data & society points. Retrieved August 28, 2019, from https://points.datasociety.net/artificial-intelliegence-whats-human-rights-go-to-do-with-it-4622ec1566d5 12. Huong, L.T.T., &Giao, V.C. (2019). The impact of artificial intelligence on human rights: A number of theoretical and practical issues. In N.T.Q. Anh, V.C.Giao, M.V. Thang (Eds.), Artificial Intelligence with Law and Human Rights. Hanoi: The Judiciary Publishing House.

Corresponding Author Astha Garg*

Research Scholar, Shri Venkateshwara University