Skip to main navigation Skip to search Skip to main content

Integrating Ethical Principles and Human Rights Based Approach in the EU Artificial Intelligence Act and the Council of Europe Convention on Artificial Intelligence: Interplay of Ethics and Law in the AI Regulation Debate

  • Irēna Barkāne
  • , Celia Fernández Aller
  • , Evelyne A. Tauchnitz
  • , Iva Ramuš Cvetkovič
  • , Manja Skočir
  • , Aleš Završnik
  • Technical University of Madrid
  • Centre for International Governance Innovation
  • University of Ljubljana

Research output: Contribution to journalArticlepeer-review

Abstract

The current article is dedicated to the analysis of the ways how ethical principles have been translated into European artificial intelligence (AI) regulation. The authors explore their role in the implementation and enforcement of the AI regulation. By integrating diverse methods acquired from humanities, legal sciences, and philosophy, the current study strives to gain profound insights into the challenges and different approaches of regulating AI. First, the authors explore the interplay of law and ethics in the AI debate, describing it as a binary approach. They argue that ethical principles, if perceived as a moral philosophy deeply rooted in foundational values (so-called multi-dimensional approach), can provide valuable guidance in implementation of AI regulation. Further, the authors analyse the ways how ethical principles have been taken up by the EU Artificial Intelligence Act (AI Act) and the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (Convention on AI or Convention). It focuses on the trade-offs made in this process, different approaches taken by the EU and the CoE to regulate AI and critically reflects current challenges in this process. The AI Act applies a risk-based approach that requires balancing various ethical principles, fundamental rights, values and interests, e.g. the development and uptake of AI. In turn, the CoE’s Convention on AI adopts a rights-based approach that has the potential to make a substantial difference by ensuring that AI systems are developed and used during their entire lifecycle in ways that protect fundamental rights, the rule of law, democracy, and social well-being. The article demonstrates how ethical principles and human rights-based approach can guide the development and implementation of the AI regulatory framework.

Original languageEnglish
Pages (from-to)43-59
JournalLaw: Journal of the University of Latvia
Issue number19
DOIs
Publication statusPublished - 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • AI ethical principles
  • AI ethics
  • Artificial Intelligence Act
  • Convention on Artificial Intelligence
  • human rights-based approach to AI
  • risk-based approach to AI

Fingerprint

Dive into the research topics of 'Integrating Ethical Principles and Human Rights Based Approach in the EU Artificial Intelligence Act and the Council of Europe Convention on Artificial Intelligence: Interplay of Ethics and Law in the AI Regulation Debate'. Together they form a unique fingerprint.

Cite this