Economic and social inclusion and sustainable development: What is the relationship between digital policy and development and the established international frameworks for social and economic inclusion set out in the Sustainable Development Goals and the Universal Declaration of Human Rights, and in treaties such as the International Covenant on Economic, Social and Cultural Rights, the Conventions on the Elimination of Discrimination against Women, on the Rights of the Child, and on the Rights of Persons with Disabilities? How do policy makers and other stakeholders effectively connect these global instruments and interpretations to national contexts?
Digital policy and human rights frameworks: What is the relationship between digital policy and development and the established international frameworks for civil and political rights as set out in the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights and further interpretation of these in the online context provided by various resolutions of the Human Rights Council? How do policy makers and other stakeholders effectively connect these global instruments and interpretations to national contexts? What is the role of different local, national, regional and international stakeholders in achieving digital inclusion that meets the requirements of users in all communities?
Round Table - Circle - 60 Min
Description: Judicial systems worldwide are using Artificial Intelligence (AI) to analyze large amounts of legal data to help lawyers identify precedents in case law, enable administrations in streamlining judicial processes, and support judges with predictions on issues including sentence duration and recidivism scores. The emergence of legal analytics and predictive justice has implications for human rights as AI systems’ opaqueness can go against the principles of open justice, due process and the rule of law. The IGF Open Forum will be a platform to discuss emerging issues at the intersection of AI and the Rule of Law. Participants including judges, lawyers, researchers, public prosecutors, representatives of international organisations and youth be invited to share the challenges and the good practices adopted in their jurisdictions concerning the use of AI within judicial administrations and the legal implications of AI for society from a human rights perspective. Participation of representatives from all regions of the world will be ensured, notably based on the survey of judicial operators launched by UNESCO in 2020 that received responses 1200 respondents from 100 countries. The panel discussion will be followed by the launch of an online training for judicial operators on AI and the Rule of Law. In the form of a Massive Open Online Course, this training will stimulate a participative dialogue with judicial operators on AI-related innovations in the judicial system, and court rulings concerning artificial intelligence. It will facilitate knowledge exchange and experience sharing among judicial operators on artificial intelligence, and existing norms and standards in the field. The course will underline the implications of AI for human rights, highlighting existing case studies and best practices that translate ethical principles into practice in terms of the use of AI in justice systems and in cases involving AI impacting human rights. The discussions with stakeholders will be used to inform the second version of an online training on AI and the Rule of Law that will be developed by Cetic.br / NIC.br, UNESCO and its partners.
1) How will you design the session to ensure the best possible experience for the online and on-site participants? Only online session is foreseen. The roundtable format will facilitate open discussion between different stakeholders. 2) If the speakers and organizers will all be online, how will you ensure interactions between them and the participants (including with on-site participants)? Moderated discussion on 3-4 key questions will be followed by the launch of the online training for judicial operators. Participants will be expected to deliver short introductory remarks, followed by moderate Q&A session. 3) Are you planning to use complementary tools/platforms to increase participation and interaction during the session? The session will be streamed on Cetic.br/NIC.br and UNESCO social media feeds and any questions from those platforms will also be communicated to the moderator in real time.
Cetic.br/NIC.br and UNESCO
Prateek Sibal UNESCO; Vanessa Dreier, UNESCO; Alexandre Barbosa, Cetic.br/NIC.br; Ana Laura Martinez, Cetic.br/NIC.br
- Hon. Justice Edward Asante, President of the Economic Community of West African States (ECOWAS) Court of Justice, Africa
- Katherine Forrest, former United States District Judge of the United States District Court for the Southern District of New York, North America
- Isabela Ferrari, Federal Judge, Brazil, Latin America
- Benes Aldana, President, National Judicial College, North America
- Nicolas Miailhe, The Future Society, Athens Roundtable on AI and the Rule of Law
Prateek Sibal (UNESCO)
Vanessa Dreier (UNESCO)
Ana Laura Martinez (Cetic.br | NIC.br)
Targets: 16.3 Promote the rule of law at the national and international levels and ensure equal access to justice for all. Provision of training to judicial actors on the implications of AI for human rights strengthens rule of law at the national level. Provision of training on the use of AI by courts in the administration of justice has implications for promoting access to justice through potential time saving achieved in administration of justice due to the use of AI systems for streamlining administrative processes in a manner that conform with human rights.
16.A Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime. The project strengthens human and institutional capacities with respect to AI and the rule of law. It further builds networks between judicial actors across the world, particularly in the framework of South-South cooperation, using the MOOC platform, conferences and topic specific webinars that facilitate interactions between judges from different countries.
16.B Promote and enforce non-discriminatory laws and policies for sustainable development The MOOC and trainings address the concerns around bias and discrimination in AI driven automated decision-making systems being used by judicial systems and law-enforcement agencies. 16.10 Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements The MOOC and trainings work towards protecting fundamental freedoms by facilitating knowledge exchange and strengthening capacities of judicial operators concerning AI and the rule of law. 17.8 Fully operationalize the technology bank and science, technology, and innovation capacity-building mechanism for least developed countries by 2017 and enhance the use of enabling technology, in particular information and communications technology An indirect impact of the MOOC would be to positively enhance the quality of the legal environment in which ICTs are developed and used, which may engender greater innovation and adoption of such technologies.
There is a consensus on the critical importance of capacity building for judicial operators regarding AI and the rule of law. It requires moving beyond basic understanding to expertise and inclusive training for using and mobilizing tools and algorithmic processing across cases, both in criminal and civilian justice. It is also about equipping judicial operators with the capacity to bridge the gap from principles to practice.
Algorithmic bias and related transparency issues were identified as core challenges associated with AI in justice systems. The need to resort to such systems was thoroughly acknowledged, given the benefits they bring, while recognizing some of their main challenges. A better understanding of AI systems and bias, as well as continued global dialogue were identified as key to ensure that the tools used are fair and offer guarantees.
Moving from education to training by equipping judges and judicial operators with a common understanding of AI the Rule of Law.
The three pillars of the Athens RoundTable (policies, competence, and standards) need to be developed and implemented. A set of policies comprising from how courts operate to how companies operate needs to be designed and implemented, in combination with trust and multi-stakeholder cooperation in order to create a combination of self, soft and hard regulatory mechanisms, along with the tools to implement them.