Prof. Dr. Ana Campina
University Fernando Pessoa, Portugal
Keynote Title: “The Human Rights Generations and the Artificial Intelligence”
Abstract: There is a (re)new world designed with the Artificial Intelligence introduction to the
whole life – from the abstract and distant idea to the Humanity life in all dimensions.
Artificial Intelligence created a serious challenge by the profit of its all potentialities as by the inherent serious threat that it (would) represents. Dare aiming to answer the Artificial Intelligence dangers, the States, the Governments and International Organizations developed political and legal in the Human Rights issues. It´s undoubtable Artificial Intelligence is not just a “simple” evolution but a deep change on the paradigm of the cyberspace, in a getting involved in “real” life, over the state’s borders, as an unknown “world/life” challenging the Human being living. The (re)action – legal and political – have been increasing impacting the Human Rights International, Regional and National Laws. The United Nations General Assembly in 2024 “overwhelmingly passed the first global resolution on AI” as the member States are “urged to protect Human Rights and personal data and to monitor AI for potential harms so the technology can benefit all.” However, in 2021, European Union developed a comprehensive framework that guides all actions related to digital called “Digital Decade” aiming to ensure all aspects of technology and innovation work for people. Following, Portugal published on 17 May 2021the “Portuguese Charter on Human Rights in Digital Age”. Within the international policy and legal regulation European Union published on 13-03-2024 the “AI Act”, the first widespread law covering this technology. The Council of Europe started in 2019 working with the internal committees to achieve in 2024 to the “first-ever international legally binding treaty”: the “Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law” aims to fill any legal gaps that may result from rapid technological advances. Opened to signature in September 2024, this legal document was already signed by 10 (ten) states, including United States of America, and by European Union, what demonstrates its high relevance and positive legal position within Human Rights protection in Artificial Intelligence Era. The International, Regional and National laws on the intersection of AI with Human Rights are positive and reveals this is a vital question by the risks and opportunities generating a wide and crucial discussion by different stakeholders. In parallel, the Human Rights governance aligned with the International Law has been progressed by the regularity efforts, including the permanent
exchange of knowledge between technical experts, governments as political
management of the Human Right’s special needs (protection and acknowledgement) within AI implementation. Our focus research element is analyzing this context by the based on the Karel Vasak theory on Human Rights Generations classified by the historical context when have emerged. The 1st generation (1780) is associated to the USA Independence, the USA Constitution (1787), the French Revolution, and the Declaration of the Rights of Man and the Citizen (1789). This 1st Human Rights Generation recognized the civil rights: life; physical integrity, and freedom (personal; religious; expression; manifestation and circulation; property and economics). The 2nd Human Rights Generation (1919) emerged after the I World War reinforcing the Social
Wellbeing as an opportunity to guarantee the equal rights to all citizens, i.e., political rights and gender equality. The 3rd Human Rights Generation (1960) emerged based on the ideal of fraternity and solidarity, recognizing the collective rights, the vulnerable social groups’ protection and environment preservation. Internationally, this Human Rights Generation is the acknowledgement and protection of the development, peace,
communication, people self-determination, avoiding racial purification threat, genocide, racial discrimination, and protection of the Human Rights in war contexts or any other armed conflict. Following the II World War the Human Rights were legally collected in International Law documents: Charter of United Nations (1945); Universal Declaration on Human Rights (the most important legal Human Rights document 1948), and within the United Nations legal framework, in 1966 the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights. In the Council of Europe framework: European Convention on Human Rights (1950) and European Social Charter (1965) were an effective internation. Finally, within the European Union law, the Charter of Fundamental Rights, Treaty of Lisbon (2009). So, from 1945 till nowadays, although all legal documents, all governance
(international, regional, and national) to recognize and protect the Human and
Fundamental Rights, we are still in the 3rd Human Rights Generations. Applying a qualitative methodology, in a wide but well-defined research, we have our object of study well designed: based on the deep changes in all dimensions in the nowadays and near future digital era by the Artificial Intelligence, all the challenges to protect and defend the Human Rights, our research and analysis aim to debate attempting to understand if we are living a new Human Rights generation in this undoubtable new reality to the Human Beings, to the States and Governments, to the International Organizations by the legal, political, economic, and social perspectives. As Henry
Kissinger (Genesis, 2024) stated “as some would saw this moment as the final act of the humanity, we see, by the reverse, as a new start”.
Prof. Dr. Ana Campina
University Fernando Pessoa, Portugal
Keynote Title: “The Human Rights Generations and the Artificial Intelligence”
Abstract: There is a (re)new world designed with the Artificial Intelligence introduction to the
whole life – from the abstract and distant idea to the Humanity life in all dimensions.
Artificial Intelligence created a serious challenge by the profit of its all potentialities as by the inherent serious threat that it (would) represents. Dare aiming to answer the Artificial Intelligence dangers, the States, the Governments and International Organizations developed political and legal in the Human Rights issues. It´s undoubtable Artificial Intelligence is not just a “simple” evolution but a deep change on the paradigm of the cyberspace, in a getting involved in “real” life, over the state’s borders, as an unknown “world/life” challenging the Human being living. The (re)action – legal and political – have been increasing impacting the Human Rights International, Regional and National Laws. The United Nations General Assembly in 2024 “overwhelmingly passed the first global resolution on AI” as the member States are “urged to protect Human Rights and personal data and to monitor AI for potential harms so the technology can benefit all.” However, in 2021, European Union developed a comprehensive framework that guides all actions related to digital called “Digital Decade” aiming to ensure all aspects of technology and innovation work for people. Following, Portugal published on 17 May 2021the “Portuguese Charter on Human Rights in Digital Age”. Within the international policy and legal regulation European Union published on 13-03-2024 the “AI Act”, the first widespread law covering this technology. The Council of Europe started in 2019 working with the internal committees to achieve in 2024 to the “first-ever international legally binding treaty”: the “Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law” aims to fill any legal gaps that may result from rapid technological advances. Opened to signature in September 2024, this legal document was already signed by 10 (ten) states, including United States of America, and by European Union, what demonstrates its high relevance and positive legal position within Human Rights protection in Artificial Intelligence Era. The International, Regional and National laws on the intersection of AI with Human Rights are positive and reveals this is a vital question by the risks and opportunities generating a wide and crucial discussion by different stakeholders. In parallel, the Human Rights governance aligned with the International Law has been progressed by the regularity efforts, including the permanent
exchange of knowledge between technical experts, governments as political
management of the Human Right’s special needs (protection and acknowledgement) within AI implementation. Our focus research element is analyzing this context by the based on the Karel Vasak theory on Human Rights Generations classified by the historical context when have emerged. The 1st generation (1780) is associated to the USA Independence, the USA Constitution (1787), the French Revolution, and the Declaration of the Rights of Man and the Citizen (1789). This 1st Human Rights Generation recognized the civil rights: life; physical integrity, and freedom (personal; religious; expression; manifestation and circulation; property and economics). The 2nd Human Rights Generation (1919) emerged after the I World War reinforcing the Social
Wellbeing as an opportunity to guarantee the equal rights to all citizens, i.e., political rights and gender equality. The 3rd Human Rights Generation (1960) emerged based on the ideal of fraternity and solidarity, recognizing the collective rights, the vulnerable social groups’ protection and environment preservation. Internationally, this Human Rights Generation is the acknowledgement and protection of the development, peace,
communication, people self-determination, avoiding racial purification threat, genocide, racial discrimination, and protection of the Human Rights in war contexts or any other armed conflict. Following the II World War the Human Rights were legally collected in International Law documents: Charter of United Nations (1945); Universal Declaration on Human Rights (the most important legal Human Rights document 1948), and within the United Nations legal framework, in 1966 the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights. In the Council of Europe framework: European Convention on Human Rights (1950) and European Social Charter (1965) were an effective internation. Finally, within the European Union law, the Charter of Fundamental Rights, Treaty of Lisbon (2009). So, from 1945 till nowadays, although all legal documents, all governance
(international, regional, and national) to recognize and protect the Human and
Fundamental Rights, we are still in the 3rd Human Rights Generations. Applying a qualitative methodology, in a wide but well-defined research, we have our object of study well designed: based on the deep changes in all dimensions in the nowadays and near future digital era by the Artificial Intelligence, all the challenges to protect and defend the Human Rights, our research and analysis aim to debate attempting to understand if we are living a new Human Rights generation in this undoubtable new reality to the Human Beings, to the States and Governments, to the International Organizations by the legal, political, economic, and social perspectives. As Henry
Kissinger (Genesis, 2024) stated “as some would saw this moment as the final act of the humanity, we see, by the reverse, as a new start”.
