Human rights and ethical AI governance at the European level : the Council of Europe framework

Abstract

This dissertation examines the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law as the first binding international instrument addressing the risks posed by artificial intelligence. Adopting a doctrinal methodology grounded in treaty interpretation, the study analyses the Convention’s evolution, normative structure, and regulatory approach within the broader landscape of international AI governance. The research identifies six core risk clusters recognised by the Convention, namely bias and discrimination, privacy violations and surveillance, threats to democracy, risks to the rule of law, erosion of human dignity and autonomy, and wider socio-economic and environmental impacts. It then evaluates the mechanisms introduced to mitigate these risks, including transparency obligations, accountability frameworks, procedural safeguards, lifecycle risk management, and domestic oversight structures. The dissertation further assesses the Convention’s strengths and limitations. While it provides a comprehensive and flexible framework grounded in human rights, democracy, and rule of law principles, its effectiveness is constrained by its reliance on domestic implementation, absence of detailed technical standards, and limited enforcement mechanisms. It is argued that the Convention represents a significant step in global AI governance, yet its success ultimately depends on consistent and robust implementation by States. The study concludes by proposing targeted improvements to enhance its coherence, enforceability, and practical impact.