New Technologies in International Law / Tymofeyeva, Crhák et al.

recommended the adoption of an additional protocol to the European Convention on Human Rights and the European Social Charter, member States are still hesitant to make another commitment and to open themselves to potential lawsuits. Adoption of such an instrument would give the European Court of Human Rights a base for rulings concerning human rights violations arising from environment-related adverse impacts on human health, dignity and life. Victims would have an easier way to lodge applications for remedies and would also act as a preventive mechanism to supplement the currently rather reactive case law of the European Court of Human Rights. Third, the analysed proposed legal frameworks on AI no do not specifically require States and relevant stakeholders to respect, protect and fulfil the R2HE as such. However, States and actors are required to protect “the relevant human rights.” We argue, that the R2HE is very much a relevant human right that the development and use of AI may violate, especially due to the fact, that the R2HE is connected to the enjoyment of fundamental human rights. Currently, it seems, that the protection of the R2HE in the context of development and use of AI is mainly ensured by domestic courts, through constitutional protection, rather than the international law or international regulation on AI.

70