Social Rights

The importance of protecting human rights, including social rights, remains all the more relevant at present, when they are put at risk from the use of computer-assisted or Artificial Intelligence-enabled decision making by public authorities in the area of social services.

In a declaration adopted on 17 March 2021, the Committee of Ministers of the Council of Europe draws the attention of member States, inter alia to:

• the possible risks to human rights, including social rights, that might follow from the use of computer-assisted or Artificial Intelligence-enabled decision making by public authorities in the area of social services;
• the need to ensure that computer-assisted or Artificial Intelligence-enabled decision-making systems are developed and implemented in accordance with the principles of legal certainty, legality, data quality, non-discrimination and transparency;
• the need for human oversight of computer-assisted or Artificial Intelligence-enabled decisions in order to mitigate and/or avoid errors in the management;
• the need for effective arrangements to protect vulnerable persons from serious or irreparable harm.

Although Artificial Intelligence (AI) and machine learning have proven advantages, public authorities must ensure that ethical values are applied for everyone without causing any disparity in respect of social rights and social cohesion. But its use also entails risks. A proactive approach should be taken with a view to ensuring that those affected by computer-assisted or AI-enabled decisions in the area of social services, in particular persons in a situation of extreme deprivation or vulnerability, can effectively assert their rights and seek remedies. In this regard, an explanation tailored to the specific context and audience shall be delivered to those concerned. Such explanation should at least provide the necessary elements to allow an individual to understand and challenge a decision that has been informed or made by an AI system, and that affects his or her legal position, or his or her life in a substantive manner.