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    AI Convention Brochure

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    AI Convention Brochure

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    of 6

    COUNCIL OF EUROPE

    FRAMEWORK CONVENTION
    ON ARTIFICIAL INTELLIGENCE
    AND HUMAN RIGHTS,
    DEMOCRACY AND
    THE RULE OF LAW
    WHAT IS THE PURPOSE OF
    THE FRAMEWORK CONVENTION?

    ■ The Council of Europe Framework Convention on Artificial Intelligence and Human


    Rights, Democracy and the Rule of Law is the first international legally binding instrument in
    this field. It aims to ensure that activities within the lifecycle of artificial intelligence systems
    are fully consistent with human rights, democracy and the rule of law, while being conducive
    to technological progress and innovation.
    ■ The Framework Convention complements existing international standards on human
    rights, democracy and the rule of law, and aims to fill any legal gaps that may result from
    rapid technological advances. In order to stand the test of time, the Framework Convention
    does not regulate technology and is essentially technology-neutral.

    HOW WAS THE FRAMEWORK


    CONVENTION ELABORATED?
    ■ Work was initiated in 2019, when the ad hoc Committee on Artificial Intelligence (CAHAI)
    was tasked with examining the feasibility of such an instrument. Following its mandate, it
    was succeeded in 2022 by the Committee on Artificial Intelligence (CAI) which drafted and
    negotiated the text.
    ■ The Framework Convention was drafted by the 46 member states of the Council of
    Europe, with the participation of all observer states: Canada, Japan, Mexico, the Holy See
    and the United States of America, as well as the European Union, and a significant number
    of non-member states: Australia, Argentina, Costa Rica, Israel, Peru and Uruguay.
    ■ In line with the Council of Europe’s practice of multi-stakeholder engagement, 68
    international representatives from civil society, academia and industry, as well as several
    other international organisations were also actively involved in the development of the
    Framework Convention.
    WHAT DOES THE FRAMEWORK
    CONVENTION REQUIRE STATES TO DO?

    FUNDAMENTAL PRINCIPLES
    ■ Activities within the lifecycle of AI systems must comply with the following
    fundamental principles:
    ► Human dignity and individual autonomy
    ► Equality and non-discrimination
    ► Respect for privacy and personal data protection
    ► Transparency and oversight
    ► Accountability and responsibility
    ► Reliability
    ► Safe innovation

    REMEDIES, PROCEDURAL RIGHTS AND SAFEGUARDS


    ► Document the relevant information regarding AI systems and
    their usage and to make it available to affected persons;
    ► The information must be sufficient to enable people concerned to
    challenge the decision(s) made through the use of the system or
    based substantially on it, and to challenge the use of the system itself;
    ► Effective possibility to lodge a complaint to competent authorities;
    ► Provide effective procedural guarantees, safeguards
    and rights to affected persons in connection with the
    application of an artificial intelligence system where an
    artificial intelligence system significantly impacts upon the
    enjoyment of human rights and fundamental freedoms;
    ► Provision of notice that one is interacting with an artificial
    intelligence system and not with a human being.

    RISK AND IMPACT MANAGEMENT REQUIREMENTS


    ► Carry out risk and impact assessments in respect of actual
    and potential impacts on human rights, democracy
    and the rule of law, in an iterative manner;
    ► Establishment of sufficient prevention and mitigation measures
    as a result of the implementation of these assessments;
    ► Possibility for the authorities to introduce ban or moratoria
    on certain application of AI systems (“red lines”).
    WHO IS COVERED BY
    THE FRAMEWORK CONVENTION?

    ■ The Framework Convention covers the use of AI systems by public authorities –


    including private actors acting on their behalf – and private actors.
    ■ The Convention offers Parties two modalities to comply with its principles and obli-
    gations when regulating the private sector: Parties may opt to be directly obliged by the
    relevant Convention provisions or, as an alternative, take other measures to comply with the
    treaty’s provisions while fully respecting their international obligations regarding human
    rights, democracy and the rule of law.
    ■ Parties to the Framework Convention are not required to apply the provisions of the
    treaty to activities related to the protection of their national security interests but must
    ensure that such activities respect international law and democratic institutions and
    processes. The Framework Convention does not apply to national defence matters nor to
    research and development activities, except when the testing of AI systems may have the
    potential to interfere with human rights, democracy, or the rule of law.
    HOW IS THE IMPLEMENTATION
    OF THE FRAMEWORK
    CONVENTION MONITORED?
    ■ The Framework Convention establishes a follow-up
    mechanism, the Conference of the Parties, composed of
    official representatives of the Parties to the Convention
    to determine the extent to which its provisions are being
    implemented. Their findings and recommendations help to
    ensure States’ compliance with the Framework Convention
    and guarantee its long-term effectiveness. The Conference
    of the Parties shall also facilitate co-operation with relevant
    stakeholders, including through public hearings concerning
    pertinent aspects of the implementation of the Framework
    Convention.
    www.coe.int/AI

    Prems 086024
    Council of Europe Digital Governance

    ENG

    The Council of Europe is the continent’s leading


    human rights organisation. It comprises 46 member
    states, including all members of the European
    Union. All Council of Europe member states have
    www.coe.int signed up to the European Convention on Human
    Rights, a treaty designed to protect human rights,
    democracy and the rule of law. The European Court
    of Human Rights oversees the implementation
    of the Convention in the member states.

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