Research event

Effectiveness and changes of preferences: ‘Trustworthy AI’ as an emerging human rights norm

A presentation by Naiade el-Khoury (Max Planck Foundation). This event is part of the Fundamental Rights Research Colloquium hosted by the Centre for Fundamental Rights

Decisions made by Artificial Intelligence (AI) impact the transparency and openness of the decision-making process. Especially, for AI models such as decision trees, decisions are based only on statistical correlations, not on mechanisms of action or causal steps that a human can grasp through a logical flow of reasoning (‘interpretability’). Also, decisions determined by so-called black box algorithms which represent layers and layers of assembled, arbitrary, non-linear combinations of huge variables cannot be comprehended by humans. Yet, these decision-making processes are of utmost importance with regard to areas of application that have a major bearing on the rights and freedoms of individuals. The study will analyse the emerging norm of trustworthy AI laid out in the Artificial Intelligence Act of the European Union and its effectiveness. The act serves to protect fundamental rights and the public interest. At the same time, the act considerably restricts fundamental rights. The act intends to introduce three categories of risk, which would entail differing restrictions on fundamental rights. The situation seems to be particularly precarious with regard to the freedom of science. The normative perspective has been shown to best grasp the effects of fundamental rights. Normative approaches are diverse. However, they share the view that extrinsic motivation alone does not explain nor a priori predict state behaviour.

This presentation is part of the Fundamental Rights Research Colloquium's cluster on 'Effectiveness of Human Rights.' This series of the Centre for Fundamental Rights colloquium brings together scholars across disciplines at various career stages to present important new scholarship on the effectiveness of human rights norms and institutions, examining a variety of international human rights and international criminal law norms, their public support and institutional impact across diverse sites and levels.

Naiade el-Khoury has pursued her Maitrise and Master 2 at the Paris Nanterre University and the Universität Potsdam. Her Ph.D. at the Karl Eberhard Universität in Tübingen dealt with the effectiveness of international human rights treaties and was published by Brill. Currently she is a senior research fellow at the Max Planck Foundation for International Peace and the Rule of Law and acts as advisor to the Ministry of Justice in Sudan were she deals with matters of Sudanese and comparative constitutional law. She has abroad interest in various areas of international law including the law of the sea and international dispute settlement.  

Prior registration is required. Registered attendees will receive the dial-in details as well as a draft paper, on which the presentation is based, via e-mail prior to the event.