Human rights, vulnerability and artificial intelligence: an analysis in constitutional perspective

This article addresses the impact of artificial intelligence (AI) on human rights from a constitutional perspective, focusing on the vulnerability of certain groups in the face of technological advances. After an introduction contextualising the relevance of the topic, human rights in the technological context are examined, with a particular focus on the vulnerability of certain groups. An assessment is made of the areas of special protection for these people in relation to the use of AI, and discrimination arising from algorithmic biases is discussed. The conclusions highlight the need for legal research in the field of AI to focus on ensuring that technological progress does not undermine human rights acquired over time. The importance of protecting vulnerable groups, whose vital development may be disproportionately affected by the impact of AI, is emphasised. It identifies areas where the advancement of AI may generate adverse effects on citizens’ rights, underlining the importance of adapting this technological progress to the protection of human rights. It also highlights the risk of algorithmic biases in the processing of personal data, highlighting the need to protect the privacy and data of individuals as fundamental elements to ensure an AI that respects human rights. It concludes that only an AI that respects these rights can contribute to a more advanced and just society, based on democratic principles. Received: 08 April 2024Accepted: 16 September 2024