Human rights protection in algorithmic society

english

2025

AI   Algorithmic society   constitutionalism   council of Europe   EU   human rights protection

Fakulteta za slovenske in mednarodne študije v Kranju
(Obvezni izvod spletne publikacije)

the article, marking the 75th anniversary of the European convention on Human rights and 25 years of the EU charter of Fundamental rights, emphasizes the growing challenges human rights face in the age of artificial intelligence. Eu-rope’s traditional three-pillar system of human rights protec-tion (national, EU, and council of Europe) was built in an analog era, whereas today’s society is increasingly becom-ing algorithmic, with artificial intelligence co-constructing social reality. the article identifies two major paradigm shifts defining the algorithmic society: the loss of human monop-oly over construction of social reality and the dominance of private actors over public institutions. In response, the council of Europe adopted the first legally binding inter-national Framework convention on Artificial Intelligence, setting, inter alia, minimum standards for safeguarding hu-man dignity, equality, and privacy. complementing this, the EU’s Artificial Intelligence Act follows a risk-based approach, more heavily regulating artificial intelligence systems that importantly impact fundamental rights. While neither legal instrument grants new individual rights, they serve as pre-ventive regulatory frameworks. the article concludes that courts will soon need to interpret human rights in light of algorithmic impacts and may themselves use artificial intel-ligence in decision-making. this evolution demands judicial adaptation and a comprehensive reform of legal education to integrate law with digital technologies.

06.07.2026