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Human Rights and Artificial Intelligence in Healthcare-Related Settings : A Grammar of Human Rights Approach

Molbæk-Steensig, Helga and Scheinin, Martin LU orcid (2025) In European Journal of Health Law p.1-26
Abstract

This article examines the expanding role of Artificial Intelligence (AI) in healthcare and associated human rights concerns, including whether new EU legislation takes all relevant human rights concerns into account. AI presents promising ways to fulfil the right to health through improving diagnostics, treatments, and resource allocation, but its use also comes with risks concerning privacy, bias, discrimination, and human dignity. Existing literature often relies on the rather vague FATE (Fairness, Accountability, Transparency, Ethics) principles, but recent calls have been made for a human-rights-based approach more broadly to ensure the legality and ethics of AI applications. This article responds to that call by proposing a... (More)

This article examines the expanding role of Artificial Intelligence (AI) in healthcare and associated human rights concerns, including whether new EU legislation takes all relevant human rights concerns into account. AI presents promising ways to fulfil the right to health through improving diagnostics, treatments, and resource allocation, but its use also comes with risks concerning privacy, bias, discrimination, and human dignity. Existing literature often relies on the rather vague FATE (Fairness, Accountability, Transparency, Ethics) principles, but recent calls have been made for a human-rights-based approach more broadly to ensure the legality and ethics of AI applications. This article responds to that call by proposing a structured methodology for reconciling rights, considering both the different structures of civil and political versus economic, social and cultural human rights, the negative and positive obligations of the state, and the interplay with different AI design choices.

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Please use this url to cite or link to this publication:
author
and
publishing date
type
Contribution to journal
publication status
epub
subject
keywords
Artificial intelligence, Epistemology, Human rights, Proportionality, Reconciliation, Right to health, EU law, Mänskliga rättigheter, Artificell intelligens, Proportionalitet, Rätten till hälsa, EU-rätt
in
European Journal of Health Law
pages
26 pages
publisher
Martinus Nijhoff Publishers
external identifiers
  • scopus:105005736498
  • pmid:40368349
ISSN
0929-0273
DOI
10.1163/15718093-bja10146
language
English
LU publication?
no
id
ca93304c-1061-49aa-9be4-95b343226e9a
date added to LUP
2025-06-03 13:05:54
date last changed
2025-06-06 03:33:00
@article{ca93304c-1061-49aa-9be4-95b343226e9a,
  abstract     = {{<p>This article examines the expanding role of Artificial Intelligence (AI) in healthcare and associated human rights concerns, including whether new EU legislation takes all relevant human rights concerns into account. AI presents promising ways to fulfil the right to health through improving diagnostics, treatments, and resource allocation, but its use also comes with risks concerning privacy, bias, discrimination, and human dignity. Existing literature often relies on the rather vague FATE (Fairness, Accountability, Transparency, Ethics) principles, but recent calls have been made for a human-rights-based approach more broadly to ensure the legality and ethics of AI applications. This article responds to that call by proposing a structured methodology for reconciling rights, considering both the different structures of civil and political versus economic, social and cultural human rights, the negative and positive obligations of the state, and the interplay with different AI design choices.</p>}},
  author       = {{Molbæk-Steensig, Helga and Scheinin, Martin}},
  issn         = {{0929-0273}},
  keywords     = {{Artificial intelligence; Epistemology; Human rights; Proportionality; Reconciliation; Right to health; EU law; Mänskliga rättigheter; Artificell intelligens; Proportionalitet; Rätten till hälsa; EU-rätt}},
  language     = {{eng}},
  month        = {{05}},
  pages        = {{1--26}},
  publisher    = {{Martinus Nijhoff Publishers}},
  series       = {{European Journal of Health Law}},
  title        = {{Human Rights and Artificial Intelligence in Healthcare-Related Settings : A Grammar of Human Rights Approach}},
  url          = {{http://dx.doi.org/10.1163/15718093-bja10146}},
  doi          = {{10.1163/15718093-bja10146}},
  year         = {{2025}},
}