The Role of International Human Rights Law in AI Governance: Challenges and Opportunities

Abstract Artificial Intelligence (AI) has significant potential for transforming societies by enhancing efficiency, fostering innovation, and driving economic growth. However, its implementation raises substantial ethical and legal concerns including algorithmic bias, pervasive surveillance, and threats to privacy and personal autonomy. International Human Rights Law, as articulated in documents such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), provides a robust framework for guiding the ethical development and regulation of AI technologies. Fundamental human rights principles, including equality and non-discrimination, privacy, fair trials, and freedom of expression are essential to AI governance. Various global initiatives, such as the UN Guiding Principles on Business and Human Rights, the OECD AI Principles, and the EU AI Act, have begun to integrate human rights into AI governance strategies. Nonetheless, the application of international human rights law to AI governance faces several challenges including jurisdictional fragmentation, limited corporate accountability, technological complexity, and conflicting state interests. Strengthening AI governance through international human rights laws necessitates the establishment of binding international standards, enhancement of transparency and accountability, promotion of multi-stakeholder collaboration, and utilization of regional human rights courts. By embedding human rights principles into AI development and regulation, the global community can ensure that AI serves humanity while safeguarding fundamental rights and freedom.