A Review of the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law

The opening for signature of the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (hereinafter “the Convention”) in 2024 marks a symbolic event in the field of AI governance. The Convention sets a good example for the international community to prevent and govern risks to human rights, democracy, and the rule of law encountered in the process of AI governance. By analyzing the Convention's regulatory objects, basic positions, implementation methods, and approaches, this paper points out that the Convention itself does not create new types of human rights or obligations of human right; yet instead it relies on the existing human rights treaty framework to stipulate the basic principles that a series of AI activities shall abide by. The Convention has a set framework and inherent ambiguity. Compared to the “soft law” model of other related international documents, the Convention adopts a “hard law” model, yet its specific implementation still counts on domestic legislative, law enforcement, and judicial activities. Although its implementation effects remain to be seen, its “human-centred” regulatory approach, which covers a broad scope of protection for individual rights and interests and emphasizes the rights of specific groups, is worthy of reference.