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Council of Europe Framework Convention on Artificial Intelligence: Context, Regulatory Approach and Scope of Obligations

Stoyanova, Vladislava LU (2026) In European Journal of Risk Regulation
Abstract
The Council of Europe has very recently adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law. This article provides an initial analysis of the CoE AI Convention. It emphasizes the necessity of understanding the CoE AI Convention within the context of its adoption as an international treaty negotiated within the Council of Europe. This context has affected its scope in terms of how the treaty includes the
regulation of the usage of AI systems by both public authorities and private actors. This regulation follows a risk-based approach, which shapes the obligations undertaken by States under the treaty. This approach is explained and contrasted with the approach under the EU AI Act.... (More)
The Council of Europe has very recently adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law. This article provides an initial analysis of the CoE AI Convention. It emphasizes the necessity of understanding the CoE AI Convention within the context of its adoption as an international treaty negotiated within the Council of Europe. This context has affected its scope in terms of how the treaty includes the
regulation of the usage of AI systems by both public authorities and private actors. This regulation follows a risk-based approach, which shapes the obligations undertaken by States under the treaty. This approach is explained and contrasted with the approach under the EU AI Act. The argument that emerges is that the absence of categorization of risk levels in the treaty
is related to its higher level of abstraction, which does not necessarily imply less robust obligations. The content of these obligations is also clarified in light of the requirement imposed by the treaty of consistency with human rights law. An argument is advanced that the principles formulated in the treaty – human dignity and individual autonomy, transparency and oversight,
accountability, non-discrimination, data protection, reliability, risk-management – can offer interpretative guidance for the development of human rights standards. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
in press
keywords
Council of Europe, Human rights, Artifical Intelligence, Folkrätt, Artificiell intelligens, Europarådet
in
European Journal of Risk Regulation
pages
30 pages
publisher
Cambridge University Press
ISSN
1867-299X
language
English
LU publication?
yes
id
78e49631-6364-4096-92d8-954b0258e478
date added to LUP
2025-11-06 11:57:49
date last changed
2025-11-06 12:34:58
@article{78e49631-6364-4096-92d8-954b0258e478,
  abstract     = {{The Council of Europe has very recently adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law. This article provides an initial analysis of the CoE AI Convention. It emphasizes the necessity of understanding the CoE AI Convention within the context of its adoption as an international treaty negotiated within the Council of Europe. This context has affected its scope in terms of how the treaty includes the <br/>regulation of the usage of AI systems by both public authorities and private actors. This regulation follows a risk-based approach, which shapes the obligations undertaken by States under the treaty. This approach is explained and contrasted with the approach under the EU AI Act. The argument that emerges is that the absence of categorization of risk levels in the treaty <br/>is related to its higher level of abstraction, which does not necessarily imply less robust obligations. The content of these obligations is also clarified in light of the requirement imposed by the treaty of consistency with human rights law. An argument is advanced that the principles formulated in the treaty – human dignity and individual autonomy, transparency and oversight, <br/>accountability, non-discrimination, data protection, reliability, risk-management – can offer interpretative guidance for the development of human rights standards.}},
  author       = {{Stoyanova, Vladislava}},
  issn         = {{1867-299X}},
  keywords     = {{Council of Europe; Human rights; Artifical Intelligence; Folkrätt; Artificiell intelligens; Europarådet}},
  language     = {{eng}},
  publisher    = {{Cambridge University Press}},
  series       = {{European Journal of Risk Regulation}},
  title        = {{Council of Europe Framework Convention on Artificial Intelligence: Context, Regulatory Approach and Scope of Obligations}},
  year         = {{2026}},
}