In a Press Release distributed 15 March 2024, the Council of Europe distributed the following statement and announcement by Secretary General Marija Pejčinović Burić on the occasion of the finalisation of the Convention's ad hoc Committee on Artificial Intelligence:
“This first-of-a-kind treaty will ensure that the rise of Artificial Intelligence upholds Council of Europe legal standards in human rights, democracy and the rule of law. Its finalisation by our Committee on Artificial Intelligence (CAI) is an extraordinary achievement and should be celebrated as such.
“It sets out a legal framework that covers AI systems throughout their lifecycles, from start to end.
“While this treaty has been elaborated by the Council of Europe with like-minded international partners, it will be a global instrument, open to the world. After its adoption by our Committee of Ministers in the coming weeks, countries from all over the world will be eligible to join it and meet the high ethical standards it sets.
“The text strikes the right regulatory balance precisely because it has benefitted from the input of governments and experts, and industry and civil society. We thank all of those partners for their contribution and delivering this seminal text. We are convinced that, once adopted, this treaty will bring everyone together in appreciation of its impact.”
* * *
The Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law has been finalised yesterday by the Council of Europe Committee on Artificial Intelligence. The draft text will be referred to the Committee of Ministers for adoption and opened for signature at a later stage.
The DRAFT TEXT of the The "Terms of Reference of the Committee on Artificial Intelligence (CAI)" which were set by the Committee of Ministers under Art. 17 of the Statute of the Council of Europe in accordance with Resolution CM/RES/2021)3 also follows below along with the text of the available Draft Text of the Framework Convention.
The Committee of Ministers has decided to adopt a transversal approach to artificial intelligence across the various sectors of the Council of Europe, establishing the Committee on Artificial Intelligence (CAI) and tasking it with elaborating a [Framework] Convention on Artificial Intelligence and maintaining this approach through coordination with other intergovernmental committees and entities of the Organisation. * * * The Committee bases its work on the recommendations of its predecessor, the Ad Hoc Committee on Artificial Intelligence (CAHAI), which examined the feasibility and potential elements of a Council of Europe legal framework on AI on the basis of broad multi-stakeholder consultations. (The Council of Europe and Artificial Intelligence (#CoEE4AI), pp. 2, 4, 10).
Terms of reference of the
Committee on Artificial Intelligence (CAI)
Set up by the Committee of Ministers under Article 17 of the Statute of the Council of Europe and in accordance with Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.
Category: Ad hoc committee
Duration: 1 January 2024 - 31 December 2025
Programme: Upholding safety, security and integrity of society and persons
Sub-programme: Digital challenges: Artificial intelligence – Cybercrime - Data protection
Main tasks
Under the authority of the Committee of Ministers, the CAI is instructed to:
i. take due account of the Reykjavik Declaration [United Around Our Values] in conducting its activities and submit proposals for its implementation as appropriate;
ii. take account of the relevant key findings and challenges set out in the Secretary General’s 2023 Report on the state of democracy, human rights and rule of law “An Invitation to Recommit to the Values and Standards of the Council of Europe”;
iii. establish an international negotiation process and conduct work to finalise an appropriate legal framework on the development, design, use and decommissioning of artificial intelligence, based on the Council of Europe’s standards on human rights, democracy and the rule of law and other relevant international standards, and conducive to innovation, which can be composed of a binding legal instrument of a transversal character, including notably general common principles, as well as additional binding or non-binding instruments to address challenges relating to the application of artificial intelligence in specific sectors, in accordance with the relevant decisions of the Committee of Ministers;
iv. maintain a transversal approach, also by co-ordinating its work with other intergovernmental committees and Council of Europe’s entities equally addressing the implications of artificial intelligence in their respective field of activity, by providing these committees and entities with guidance in conformity with the legal framework under development and by assisting them in resolving problems;
v. base the work on strong evidence and an inclusive consultation process, including with international and supranational partners, to ensure a global view of the subject;
vi. raise-awareness about Council of Europe standards and tools in its field of competence in the member States and beyond, through the neighbourhood policy and in other international and global fora where relevant;
vii. hold an exchange of views annually in order to evaluate its activities and advise the Committee of Ministers and the Secretary General on future priorities in its sector, including possible new activities and those that might be discontinued;
viii. take due account of the following mainstreamed perspectives in the performance of its tasks: gender, youth, children’s rights, rights of persons with disabilities, and Roma and Traveller issues;
ix. where relevant, contribute to strengthening meaningful engagement with civil society organisations and national human rights institutions in its work;
x. contribute to the achievement of, and review progress towards, the UN 2030 Agenda for Sustainable Development, in particular with regards to Goal 5: Gender Equality, Goal 16: Peace, Justice and Strong institutions.
Main deliverables
Under the authority of the Committee of Ministers, the CAI is instructed to complete these deliverables, within the following
deadlines:
1. Draft Framework Convention on the design, development, use, and decommissioning of artificial
intelligence systems based on the Council of Europe standards on human rights, democracy and the
rule of law, as well as other relevant international legal standards, and conducive to innovation, in
accordance with the relevant decisions of the Committee of Ministers. CATEGORY A; PRIORITY 1 DEADLINE: 30/04/2024
2. Legally non-binding methodology for the Risk and Impact Assessment of AI Systems from the point
of view of Human Rights, Democracy and Rule of Law (HUDERIA) to support the implementation of
deliverable CATEGORY C PRIORITY 1 DEADLINE 31/12/2024
3. Promotional event on the Framework Convention CATEGORY C PRIORITY 2 DEADLINE 31/12/2025
KeyComposition
A: deliverable under preparation (2022-2023 terms of reference or Committee of Ministers’ decision) or deliverable foreseen in the terms of reference provisionally approved for 2024-2025 and reviewed where relevant in the framework of the preparation of the draft Programme and Budget 2024-2027
B: review of implementation/re-examination foreseen by the recommendation/protocol/convention
C: newly proposed deliverable
• Members
Governments of member States are invited to designate one or more representatives of the highest possible rank in the fields of digital governance and the legal implication arising from the design, development and application of artificial intelligence systems. The Council of Europe will bear the travel and subsistence expenses of one representative from each member State (two in the case of the state whose representative has been elected Chair). Member States may send other representatives without defrayal of expenses.
Each member of the Committee shall have one vote. Where a government designates more than one member, only one of them is entitled to take part in the voting.
• Participants
The following may send representatives, without the right to vote and at the charge of their corresponding administrative budgets:- Parliamentary Assembly of the Council of Europe;
- Congress of Local and Regional Authorities of the Council of Europe;
- European Court of Human Rights;
- Commissioner for Human Rights of the Council of Europe;
- Conference of INGOs of the Council of Europe;
- Eurimages;
- European Audiovisual Observatory;
- Committees or other bodies of the Council of Europe engaged in related work, as appropriate.
The following may send representatives, without the right to vote and without defrayal of expenses:- European Union (one or more representatives, including, as appropriate, the European Union Agency for Fundamental Rights (FRA));
- Observer States to the Council of Europe: Canada, Holy See, Japan, Mexico, United States of America;
- other international organisations including: Organisation for Security and Co-operation in Europe (OSCE), Organisation for Economic Co-operation and Development (OECD), United Nations Educational, Scientific and Cultural Organisation (UNESCO) and other UN agencies and international organisations.
• Observers
The following may send representatives, without the right to vote and without defrayal of expenses:Observer status may be requested in accordance with Article 8 of Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.- Argentina, Costa Rica, Israel, Peru, and Uruguay;
- the European Network of National Human Rights Institutions (ENNHRI);
- the Global Partnership on Artificial Intelligence (GPAI);
- Council of Europe partner internet companies: the comprehensive updated list is available at https://www.coe.int/en/web/freedom-expression/exchange-of-letters;
- civil society organisations, other private actors and academic communities already observers to the Committee during the period 2020-2023 (5Rights Foundation, Access Now, AI Transparency Institute, Algorithmwatch Platform, ALLAI, Centre for AI and Digital Policies (CAIDP) of the Michael Dukakis Institute, Centre For Democracy and Rule of Law (CEDEM), Council of Bars and Law Societies of Europe (CCBE), Digitale Gesellschaft Switzerland, Equinet, European Association of Data Protection Professionals (EADPP), European Consumer Organisation (BEUC), European Expertise & Expert Institute (EEEI), European Trade Union Confederation (ETUC), Fair Trials, Homo Digitalis, Human Rights Watch, International Bar Association (IBA), International Chamber of Commerce (ICC), International Commission of Jurists (ICJ), International Research Centre on Artificial Intelligence (IRCAI), MediaLaws, National Institute for Research in Digital Science and Technology (INRIA), Pour Demain, The Future Society, Istanbul Bar Association, Information and Technology Commission and AI Working Group, Global Partners Digital (GPD), Law Society of Ireland (Law Society), VDE Association
Electronic & Information Technologies and Partnership on AI (PAI)).
Working methods
The rules of procedure of the Committee are governed by Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working met
The rules of procedure of the Committee are governed by Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working met
* * *
Strasbourg, 18 December 2023 CAI(2023)28
COMMITTEE ON ARTIFICIAL INTELLIGENCE
(CAI)
DRAFT FRAMEWORK CONVENTION
ON ARTIFICIAL INTELLIGENCE, HUMAN RIGHTS,
DEMOCRACY AND THE RULE OF LAW
www.coe.int/cai
Disclaimer:
This document contains the outcomes of the 2nd reading of the Draft Framework
Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law by
the CAI.
It will serve as the basis for the 3rd and final reading.
This document does not preclude the final outcome of negotiations in the CAI.
All provisions are subject to preliminary scrutiny reservations.
(CAI)
DRAFT FRAMEWORK CONVENTION
ON ARTIFICIAL INTELLIGENCE, HUMAN RIGHTS,
DEMOCRACY AND THE RULE OF LAW
www.coe.int/cai
Disclaimer:
This document contains the outcomes of the 2nd reading of the Draft Framework
Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law by
the CAI.
It will serve as the basis for the 3rd and final reading.
This document does not preclude the final outcome of negotiations in the CAI.
All provisions are subject to preliminary scrutiny reservations.
CAI(2023)28
2
Preamble.............................................................................................................................. 3
Chapter I: General provisions ............................................................................................ 4
Article 1 – Object and purpose .......................................................................................... 5
Article 2 – Artificial intelligence systems ............................................................................ 5
Article 3 – Scope ............................................................................................................... 5
Chapter II: General obligations .......................................................................................... 7
Article 4 – Protection of human rights ................................................................................ 7
Article 5 – Integrity of democratic processes and respect for rule of law ........................... 7
Chapter III: Principles related to activities within the lifecycle of artificial intelligence
systems ............................................................................................................................... 7
Article 6 – Human dignity and individual autonomy ............................................................ 7
Article 7 – Transparency and oversight.............................................................................. 7
Article 8 – Accountability and responsibility ....................................................................... 7
Article 9 – Equality and non-discrimination ........................................................................ 8
Article 10 – Privacy and personal data protection .............................................................. 8
Article 11 – Preservation of health [and the environment] .................................................. 8
Article 12 – Reliability and trust ......................................................................................... 8
Article 13 – Safe innovation ............................................................................................... 8
Chapter IV: Remedies ......................................................................................................... 8
Article 14 – Remedies ....................................................................................................... 8
Article 15 – Procedural safeguards .................................................................................... 9
Chapter V: Assessment and Mitigation of Risks and Adverse Impacts .......................... 9
Article 16 – Risk and impact management framework ....................................................... 9
Chapter VI: Implementation of the Convention ............................................................... 10
Article 17 – Non-discrimination ........................................................................................ 10
Article 18 – Rights of persons with disabilities and of children ......................................... 10
Article 19 - Protection of whistleblowers .......................................................................... 10
Article 20 – Public consultation ........................................................................................ 10
Article 21 – Digital literacy and skills ................................................................................ 11
Article 22 – Relationship with other legal instruments ...................................................... 11
Article 23 – Wider protection............................................................................................ 11
Chapter VII: Follow-up mechanism and cooperation ..................................................... 11
Article 24 – Conference of the Parties ............................................................................. 11
Article 25 – International co-operation ............................................................................. 12
Article 26 – Effective oversight mechanisms .................................................................... 13
Chapter VIII: Final clauses................................................................................................ 13
Article 27 – Effects of the Convention .............................................................................. 13
Article 28 – Amendments................................................................................................. 14
Article 29 – Dispute settlement ........................................................................................ 14
Article 30 – Signature and entry into force ....................................................................... 14
Article 31 – Accession ..................................................................................................... 15
Article 32 – Territorial application..................................................................................... 15
Article 33 – Federal clause (to be drafted) ....................................................................... 15
Article 34 – Reservations ................................................................................................. 15
Article 35 – Denunciation ................................................................................................. 15
Article 36 – Notification .................................................................................................... 16
CAI(2023)28
3
Preamble
The member States of the Council of Europe and the other signatories hereto,
1. Considering that the aim of the Council of Europe is to achieve greater unity between
its members, based in particular on respect for human rights and fundamental
freedoms, democracy and the rule of law;
2. Recognising the value of fostering cooperation between the Parties to this Convention
and of extending such cooperation to other States sharing the same values;
3. Conscious of the accelerating developments in science and technology and the
profound changes brought about through [by the design, development, use and
decommissioning of] artificial intelligence systems which have the potential to promote
human prosperity as well as individual and societal well-being, sustainable
development, gender equality and the empowerment of all women and [children/girls],
and other important goals and interests, by enhancing progress and innovation;
4. Recognising that artificial intelligence systems may be designed, developed and used
to offer unprecedented opportunities to protect and promote human rights and
fundamental freedoms, democracy and the rule of law;
5. [Concerned that the design, development, use and decommissioning of artificial
intelligence systems may undermine human dignity and individual autonomy, human
rights and fundamental freedoms, democracy and the rule of law;]
6. [Expressing deep concern that discrimination in digital contexts, particularly those
involving artificial intelligence systems, prevent women, [girls/children], and members
of other groups from fully enjoying their human rights and fundamental freedoms,
which hinders their full, equal and effective participation in economic, social, cultural
and political affairs;]
7. [Opposing the misuse of artificial intelligence technologies and] / [Striving to prevent
unlawful and unethical uses of artificial intelligence systems] / [Condemning/concerned
by the documented and ongoing use of artificial intelligence systems by some States
for repressive purposes, often by leveraging private sector tools, in violation of
international human rights law, including through arbitrary or unlawful surveillance and
censorship practices that erode privacy and autonomy;]
8. Conscious of the fact that human rights and fundamental freedoms, democracy and
the rule of law are inherently interwoven;
9. Convinced of the need to establish, as a matter of priority, a globally applicable legal
framework setting out common general principles and rules governing the design,
development, use and decommissioning of artificial intelligence systems effectively
preserving the shared values and harnessing the benefits of artificial intelligence for
the promotion of these values in a manner conducive to responsible innovation;
10. Recognising the need to promote digital literacy, knowledge about, and trust in the
design, development, use and decommissioning of artificial intelligence systems;
11. Recognising the framework character of the Convention which may be supplemented
by further instruments to address specific issues relating to the design, development,
use and decommissioning of artificial intelligence systems;
CAI(2023)28
4
12. [Noting relevant efforts to advance international understanding and cooperation on
artificial intelligence by other international and supranational organisations and fora;]
13. Mindful of applicable international human rights instruments, such as the 1948
Universal Declaration of Human Rights, the 1950 Council of Europe Convention for the
Protection of Human Rights and Fundamental Freedoms and its protocols, the 1966
United Nations International Covenant on Civil and Political Rights, the 1966 United
Nations International Covenant on Economic, Social and Cultural Rights and their
protocols, and the 1961 European Social Charter and its protocols and the 1996
Revised European Charter;
14. [Mindful also of the 1989 United Nations Convention on the Rights of the Child, and
the principle of equality and non-discrimination, including gender equality and rights of
discriminated groups and individuals in vulnerable situations;]
15. [Option A] [Mindful also of the [protections for] [right to] privacy and [the protection of]]
personal data, as conferred, for example, by the 1981 Council of Europe Convention
for the Protection of Individuals with regard to Automatic Processing of Personal Data
and its protocols;]
[Option B] [Recalling also the need of ensuring respect of the right to respect for
private and family life, and the right to the protection of personal data for Parties to the
1981 Council of Europe Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data and its protocols;]
[Option C] [Recalling also the need of ensuring respect of the right to respect for
private and family life and the right to the protection of personal data, as applicable
and conferred, for example, by the 1981 Council of Europe Convention for the
Protection of Individuals with regard to Automatic Processing of Personal Data and its
protocols;]
16. Underlining that the present Convention is intended to [address] the specific
challenges arising from the design, development, use and decommissioning of artificial
intelligence systems;
17. [Option A] Affirming the commitment of Parties to protecting human rights and
fundamental freedoms, democracy and the rule of law, [and to fostering lawful, ethical,
responsible, fair, accountable and transparent design, development, use and
decommissioning of these technologies];
[Option B] [Affirming the commitment of Parties to protecting human rights, democracy
and the rule of law, including through fostering lawful, ethical, non-discriminatory,
accountable, safe and transparent design, development, use and decommissioning of
artificial intelligence systems;]
[Option C] [Recognising the need to promote transparency, explainability,
accountability, human agency and oversight, technical robustness and safety, and
privacy and data governance in the design, development, use and decommissioning
of artificial intelligence systems;]
Have agreed as follows:
Chapter I: General provisions
CAI(2023)28
5
Article 1 – Object and purpose
1. The provisions of this Convention aim to ensure that activities within the lifecycle of
artificial intelligence systems are fully consistent with human rights, democracy and the rule of
law.
2. Each Party shall adopt or maintain appropriate legislative, administrative or other
measures to give effect to the provisions set out in this Convention. These measures shall be
graduated and differentiated as may be necessary in view of the severity and probability of
the occurrence of adverse impacts on human rights, democracy and the rule of law throughout
the lifecycle of artificial intelligence systems. This may include specific or horizontal measures
that apply irrespective of the type of technology used.
3. In order to ensure effective implementation of its provisions by its Parties, this
Convention establishes a follow-up mechanism.
Article 2 – Artificial intelligence systems
For the purposes of this Convention, “artificial intelligence system” is a machine-based system
that for explicit or implicit objectives, infers, from the input it receives, how to generate outputs
such as predictions, content, recommendations, or decisions that may influence physical or
virtual environments. Different artificial intelligence systems vary in their levels of autonomy
and adaptiveness after deployment.
Article 3 – Scope
Proposals regarding public/private and research activities
[Option A]
1. This Convention shall apply to activities within the lifecycle of artificial intelligence
systems that have the potential to interfere with human rights, democracy and the rule of law.
2. This Convention shall not apply to research and development activities regarding
artificial intelligence systems unless the systems are tested or otherwise used in ways that
have the potential to interfere with human rights, democracy and the rule of law.
[Option B]
1. This Convention shall apply to the activities within the lifecycle of artificial intelligence
systems undertaken by public authorities or entities acting on their behalf, where such systems
have the potential to interfere with human rights, democracy, and the rule of law.
2. Each Party to this Convention undertakes to take appropriate steps for the realisation
of this Convention in respect of the activities within the lifecycle of artificial intelligence systems
by private entities, where such systems have the potential to interfere with human rights,
democracy, and the rule of law.
3. This Convention shall not apply to research [and development] activities regarding
artificial intelligence systems unless the systems are designed, developed, used or
decommissioned [tested or otherwise used in] ways that have the potential to interfere with
human rights, democracy and the rule of law.
CAI(2023)28
6
Alternative proposal
[For greater certainty, where the design, development, use and decommissioning of AI
systems involves research, such research shall be within the scope of this Convention in
Article 3.1.]
[Option C]
1. This Convention shall apply to the activities within the lifecycle of artificial intelligence
systems that have the potential to interfere with human rights, democracy and the rule of law.
2. Without prejudice to paragraph 1, nothing in this Convention shall prevent research
and development activities insofar as they are in accordance with the requirements in a Party’s
domestic law.
(to be inserted in Chapter VI: For the implementation of Article 3, paragraph 1, Each Party
shall take all appropriate measures, including legislation, to ensure that the activities within
the lifecycle of artificial intelligence systems by public authorities or entities acting on their
behalf are in accordance with the requirements of this Convention.)
(to be inserted in Chapter VI: For the implementation of Article 3, paragraph 1, Each Party
undertakes to take steps to address progressively risks and impacts arising from the activities
within the lifecycle of artificial intelligence systems by private entities, in accordance with the
requirements of this Convention.)
Proposals regarding national security to be added in options A to C
[Option A]
A Party shall not be required to apply this Convention to the design, development, use or
decommissioning of artificial intelligence systems to protect essential national security
interests, including through foreign intelligence and counter-intelligence related activities, if
such activities are conducted in a manner consistent with applicable international law,
including international human rights law obligations, and with respect for democratic
institutions and processes.
[Option A2]
A Party [shall not be required] to apply this Convention to the design, development or use of
artificial intelligence systems in activities that seek to protect its essential national security
interest, [including through foreign intelligence and counter-intelligence related activities,] if
such activities are conducted in a manner consistent with applicable international law,
including international human rights law obligations.
[Option B]
[Nothing in this Convention shall be construed as limiting] / [This Convention shall not limit]
the ability of a Party to take the measures that it determines are necessary to protect its
national security interests, consistent with its applicable obligations under international law,
including international human rights law.
[Option C]
Each Party may restrict the application of provisions of this Convention if activities within the
lifecycle of artificial intelligence systems are necessary to protect essential national security
interests and if such activities are conducted in a manner consistent with applicable
international law, including international human rights law obligations.
CAI(2023)28
7
Proposal on national defence to be added in options A to C
This Convention shall not apply to activities within the lifecycle of artificial intelligence systems
used for purposes pertaining to national defence.
Chapter II: General obligations
Article 4 – Protection of human rights
Each Party shall adopt or maintain measures to ensure that the activities within the lifecycle
of artificial intelligence systems are compatible with obligations to protect human rights, as
enshrined in applicable international law, and in its domestic law.
Article 5 – Integrity of democratic processes and respect for rule of law
1. Each Party shall adopt or maintain measures that seek to ensure that artificial
intelligence systems are not used to undermine the integrity, independence and effectiveness
of democratic institutions and processes, including the principle of separation of powers,
respect for judicial independence, and access to justice.
2. Each Party shall adopt or maintain measures that seek to protect [individuals’]
participation in democratic processes, fair access to public debate [, and the ability of
individuals to reach decisions free from undue / [harmful and malicious external] influence or
manipulation,] in the context of activities within the lifecycle of artificial intelligence systems.
Chapter III: Principles related to activities within the lifecycle of
artificial intelligence systems
[This Chapter sets forth general common principles that each Party shall implement in regards
to [incorporate in the lifecycle of] artificial intelligence systems in a manner appropriate to its
domestic legal system and the other obligations of this Convention.]
Article 6 – Human dignity and individual autonomy
Each Party shall adopt or maintain measures to respect human dignity and individual
autonomy related to activities within the lifecycle of artificial intelligence systems.
Article 7 – Transparency and oversight
1. Each Party shall adopt or maintain measures to ensure that adequate transparency
and oversight requirements tailored to the specific contexts and risks are in place in
respect of activities within the lifecycle of artificial intelligence systems.
2. [In view of Article 5, each Party shall adopt or maintain measures [tailored to the
specific context designed] to enable detection and transparency of content generated
by artificial intelligence systems.]
Article 8 – Accountability and responsibility
Each Party shall adopt or maintain measures [that seek] to ensure accountability and
responsibility for [violations of human rights] / [adverse impacts on human rights, democracy
and the rule of law] resulting from activities within the lifecycle of artificial intelligence systems.
CAI(2023)28
8
Article 9 – Equality and non-discrimination
1. Each Party shall adopt or maintain measures with a view to ensuring that activities related
to the lifecycle of artificial intelligence systems respect equality, including gender equality, and
the prohibition of discrimination, as provided under applicable international and domestic law.
2. Each Party undertakes to adopt measures aimed at overcoming inequalities to achieve fair,
just and equitable outcomes, in line with its applicable domestic and international human rights
obligations.
Article 10 – Privacy and personal data protection
[Each Party shall adopt or maintain measures [that seek to] ensur[ing] that as regards activities
within the lifecycle of artificial intelligence systems:
a. the privacy of individuals is protected including through applicable domestic and
international personal data protection and [data governance] laws, [and] standards, and
frameworks;
b. effective guarantees and safeguards have been put in place for [individuals] data
subjects, if required under domestic and international legal obligations.]
Article 11 – Preservation of health [and the environment]
Each Party shall adopt or maintain measures to preserve health [and the environment] in the
context of activities within the lifecycle of artificial intelligence systems.
Article 12 – Reliability and trust
[Each Party shall take appropriate measures to [promote reliability, safety, validity and trust in
artificial intelligence systems, which could include the establishment of requirements that seek
to] ensure that adequate safety, security, accuracy, performance, quality, data quality, data
integrity, data security, governance, cybersecurity and robustness requirements apply
throughout the lifecycle of artificial intelligence systems.]
Article 13 – Safe innovation
[With a view to] Each Party is encouraged to foster[ing] innovation, while avoiding adverse
impacts on human rights, democracy and the rule of law. This may include, [such as by
providing] each Party is called upon to [provide for] / [enable, as appropriate, the establishment
of] [a] controlled [regulatory] environment[s] for [development and experimentation] / [testing]
artificial intelligence systems under the supervision of its competent authorities.
Chapter IV: Remedies
Article 14 – Remedies
Each Party shall, [in a manner appropriate to its domestic legal system and consistent with its
international legal obligations and the other obligations under this Convention], take measures
ensuring the availability of accessible and effective remedies for [violations of human rights] /
[unlawful harm or damage to the rights of individuals and legal persons] resulting from the
activities within the lifecycle of artificial intelligence systems, including through:
CAI(2023)28
9
a. measures to ensure that [artificial intelligence systems which have the potential to
interfere with] / [significantly affecting] human rights are properly documented, and
appropriate information about the usage] / [all operations conducted during the lifecycle
/ the relevant usage] of the artificial intelligence system is recorded, provided to bodies
authorised in accordance with its domestic law to access that information and, where
appropriate and applicable, made available or communicated to the affected persons ;
b. measures to guarantee the information referred to in paragraph (a) is sufficient and
proportionate for [an effective possibility for] the affected persons to contest the
decision(s) made or substantially informed by the use of the system, including, where
relevant, the use of the system.
c. [an effective possibility for persons concerned to lodge a complaint [to public authorities,
including where appropriate,] with the oversight mechanism referred to in Article 26, in
accordance with its domestic law.]
Article 15 – Procedural safeguards
1. Recognising the importance of human review / [oversight], each Party shall ensure
that, [where an artificial intelligence system substantially informs or takes decisions [or acts]
impacting on human rights], effective procedural guarantees, safeguards and rights, in
accordance with the applicable domestic and international law, are available to persons
affected thereby.
2. Each Party shall [seek to] ensure that, [where an artificial intelligence system
substantially informs or takes decisions [or acts] impacting on human rights], [unless obvious
from the circumstances and context of use], persons interacting with an artificial intelligence
system are notified that they are interacting with an artificial intelligence system rather than
with a human [as appropriate for the context for which the artificial intelligence system is used].
Chapter V: Assessment and Mitigation of Risks and Adverse
Impacts
Article 16 – Risk and impact management framework
1. [Each Party shall take measures for the identification, assessment, prevention and
mitigation of risks and impacts to human rights, democracy and rule of law arising from the
design, development, use and decommissioning of artificial intelligence systems within the
scope of this Convention.
2. Such measures shall take into account the risk-based approach referred to in Article 1
and:
a. contain adequate requirements which take due account of the context and intended
use of artificial intelligence systems, in particular as concerns risks to human rights,
democracy, the rule of law and the preservation of the environment;
b. take account of the severity, duration and reversibility of any potential risks and
adverse impacts;
c. integrate the perspective of all relevant stakeholders, including any person whose
rights may be potentially impacted through the design, development, use and
decommissioning of the artificial intelligence system;
2
Preamble.............................................................................................................................. 3
Chapter I: General provisions ............................................................................................ 4
Article 1 – Object and purpose .......................................................................................... 5
Article 2 – Artificial intelligence systems ............................................................................ 5
Article 3 – Scope ............................................................................................................... 5
Chapter II: General obligations .......................................................................................... 7
Article 4 – Protection of human rights ................................................................................ 7
Article 5 – Integrity of democratic processes and respect for rule of law ........................... 7
Chapter III: Principles related to activities within the lifecycle of artificial intelligence
systems ............................................................................................................................... 7
Article 6 – Human dignity and individual autonomy ............................................................ 7
Article 7 – Transparency and oversight.............................................................................. 7
Article 8 – Accountability and responsibility ....................................................................... 7
Article 9 – Equality and non-discrimination ........................................................................ 8
Article 10 – Privacy and personal data protection .............................................................. 8
Article 11 – Preservation of health [and the environment] .................................................. 8
Article 12 – Reliability and trust ......................................................................................... 8
Article 13 – Safe innovation ............................................................................................... 8
Chapter IV: Remedies ......................................................................................................... 8
Article 14 – Remedies ....................................................................................................... 8
Article 15 – Procedural safeguards .................................................................................... 9
Chapter V: Assessment and Mitigation of Risks and Adverse Impacts .......................... 9
Article 16 – Risk and impact management framework ....................................................... 9
Chapter VI: Implementation of the Convention ............................................................... 10
Article 17 – Non-discrimination ........................................................................................ 10
Article 18 – Rights of persons with disabilities and of children ......................................... 10
Article 19 - Protection of whistleblowers .......................................................................... 10
Article 20 – Public consultation ........................................................................................ 10
Article 21 – Digital literacy and skills ................................................................................ 11
Article 22 – Relationship with other legal instruments ...................................................... 11
Article 23 – Wider protection............................................................................................ 11
Chapter VII: Follow-up mechanism and cooperation ..................................................... 11
Article 24 – Conference of the Parties ............................................................................. 11
Article 25 – International co-operation ............................................................................. 12
Article 26 – Effective oversight mechanisms .................................................................... 13
Chapter VIII: Final clauses................................................................................................ 13
Article 27 – Effects of the Convention .............................................................................. 13
Article 28 – Amendments................................................................................................. 14
Article 29 – Dispute settlement ........................................................................................ 14
Article 30 – Signature and entry into force ....................................................................... 14
Article 31 – Accession ..................................................................................................... 15
Article 32 – Territorial application..................................................................................... 15
Article 33 – Federal clause (to be drafted) ....................................................................... 15
Article 34 – Reservations ................................................................................................. 15
Article 35 – Denunciation ................................................................................................. 15
Article 36 – Notification .................................................................................................... 16
CAI(2023)28
3
Preamble
The member States of the Council of Europe and the other signatories hereto,
1. Considering that the aim of the Council of Europe is to achieve greater unity between
its members, based in particular on respect for human rights and fundamental
freedoms, democracy and the rule of law;
2. Recognising the value of fostering cooperation between the Parties to this Convention
and of extending such cooperation to other States sharing the same values;
3. Conscious of the accelerating developments in science and technology and the
profound changes brought about through [by the design, development, use and
decommissioning of] artificial intelligence systems which have the potential to promote
human prosperity as well as individual and societal well-being, sustainable
development, gender equality and the empowerment of all women and [children/girls],
and other important goals and interests, by enhancing progress and innovation;
4. Recognising that artificial intelligence systems may be designed, developed and used
to offer unprecedented opportunities to protect and promote human rights and
fundamental freedoms, democracy and the rule of law;
5. [Concerned that the design, development, use and decommissioning of artificial
intelligence systems may undermine human dignity and individual autonomy, human
rights and fundamental freedoms, democracy and the rule of law;]
6. [Expressing deep concern that discrimination in digital contexts, particularly those
involving artificial intelligence systems, prevent women, [girls/children], and members
of other groups from fully enjoying their human rights and fundamental freedoms,
which hinders their full, equal and effective participation in economic, social, cultural
and political affairs;]
7. [Opposing the misuse of artificial intelligence technologies and] / [Striving to prevent
unlawful and unethical uses of artificial intelligence systems] / [Condemning/concerned
by the documented and ongoing use of artificial intelligence systems by some States
for repressive purposes, often by leveraging private sector tools, in violation of
international human rights law, including through arbitrary or unlawful surveillance and
censorship practices that erode privacy and autonomy;]
8. Conscious of the fact that human rights and fundamental freedoms, democracy and
the rule of law are inherently interwoven;
9. Convinced of the need to establish, as a matter of priority, a globally applicable legal
framework setting out common general principles and rules governing the design,
development, use and decommissioning of artificial intelligence systems effectively
preserving the shared values and harnessing the benefits of artificial intelligence for
the promotion of these values in a manner conducive to responsible innovation;
10. Recognising the need to promote digital literacy, knowledge about, and trust in the
design, development, use and decommissioning of artificial intelligence systems;
11. Recognising the framework character of the Convention which may be supplemented
by further instruments to address specific issues relating to the design, development,
use and decommissioning of artificial intelligence systems;
CAI(2023)28
4
12. [Noting relevant efforts to advance international understanding and cooperation on
artificial intelligence by other international and supranational organisations and fora;]
13. Mindful of applicable international human rights instruments, such as the 1948
Universal Declaration of Human Rights, the 1950 Council of Europe Convention for the
Protection of Human Rights and Fundamental Freedoms and its protocols, the 1966
United Nations International Covenant on Civil and Political Rights, the 1966 United
Nations International Covenant on Economic, Social and Cultural Rights and their
protocols, and the 1961 European Social Charter and its protocols and the 1996
Revised European Charter;
14. [Mindful also of the 1989 United Nations Convention on the Rights of the Child, and
the principle of equality and non-discrimination, including gender equality and rights of
discriminated groups and individuals in vulnerable situations;]
15. [Option A] [Mindful also of the [protections for] [right to] privacy and [the protection of]]
personal data, as conferred, for example, by the 1981 Council of Europe Convention
for the Protection of Individuals with regard to Automatic Processing of Personal Data
and its protocols;]
[Option B] [Recalling also the need of ensuring respect of the right to respect for
private and family life, and the right to the protection of personal data for Parties to the
1981 Council of Europe Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data and its protocols;]
[Option C] [Recalling also the need of ensuring respect of the right to respect for
private and family life and the right to the protection of personal data, as applicable
and conferred, for example, by the 1981 Council of Europe Convention for the
Protection of Individuals with regard to Automatic Processing of Personal Data and its
protocols;]
16. Underlining that the present Convention is intended to [address] the specific
challenges arising from the design, development, use and decommissioning of artificial
intelligence systems;
17. [Option A] Affirming the commitment of Parties to protecting human rights and
fundamental freedoms, democracy and the rule of law, [and to fostering lawful, ethical,
responsible, fair, accountable and transparent design, development, use and
decommissioning of these technologies];
[Option B] [Affirming the commitment of Parties to protecting human rights, democracy
and the rule of law, including through fostering lawful, ethical, non-discriminatory,
accountable, safe and transparent design, development, use and decommissioning of
artificial intelligence systems;]
[Option C] [Recognising the need to promote transparency, explainability,
accountability, human agency and oversight, technical robustness and safety, and
privacy and data governance in the design, development, use and decommissioning
of artificial intelligence systems;]
Have agreed as follows:
Chapter I: General provisions
CAI(2023)28
5
Article 1 – Object and purpose
1. The provisions of this Convention aim to ensure that activities within the lifecycle of
artificial intelligence systems are fully consistent with human rights, democracy and the rule of
law.
2. Each Party shall adopt or maintain appropriate legislative, administrative or other
measures to give effect to the provisions set out in this Convention. These measures shall be
graduated and differentiated as may be necessary in view of the severity and probability of
the occurrence of adverse impacts on human rights, democracy and the rule of law throughout
the lifecycle of artificial intelligence systems. This may include specific or horizontal measures
that apply irrespective of the type of technology used.
3. In order to ensure effective implementation of its provisions by its Parties, this
Convention establishes a follow-up mechanism.
Article 2 – Artificial intelligence systems
For the purposes of this Convention, “artificial intelligence system” is a machine-based system
that for explicit or implicit objectives, infers, from the input it receives, how to generate outputs
such as predictions, content, recommendations, or decisions that may influence physical or
virtual environments. Different artificial intelligence systems vary in their levels of autonomy
and adaptiveness after deployment.
Article 3 – Scope
Proposals regarding public/private and research activities
[Option A]
1. This Convention shall apply to activities within the lifecycle of artificial intelligence
systems that have the potential to interfere with human rights, democracy and the rule of law.
2. This Convention shall not apply to research and development activities regarding
artificial intelligence systems unless the systems are tested or otherwise used in ways that
have the potential to interfere with human rights, democracy and the rule of law.
[Option B]
1. This Convention shall apply to the activities within the lifecycle of artificial intelligence
systems undertaken by public authorities or entities acting on their behalf, where such systems
have the potential to interfere with human rights, democracy, and the rule of law.
2. Each Party to this Convention undertakes to take appropriate steps for the realisation
of this Convention in respect of the activities within the lifecycle of artificial intelligence systems
by private entities, where such systems have the potential to interfere with human rights,
democracy, and the rule of law.
3. This Convention shall not apply to research [and development] activities regarding
artificial intelligence systems unless the systems are designed, developed, used or
decommissioned [tested or otherwise used in] ways that have the potential to interfere with
human rights, democracy and the rule of law.
CAI(2023)28
6
Alternative proposal
[For greater certainty, where the design, development, use and decommissioning of AI
systems involves research, such research shall be within the scope of this Convention in
Article 3.1.]
[Option C]
1. This Convention shall apply to the activities within the lifecycle of artificial intelligence
systems that have the potential to interfere with human rights, democracy and the rule of law.
2. Without prejudice to paragraph 1, nothing in this Convention shall prevent research
and development activities insofar as they are in accordance with the requirements in a Party’s
domestic law.
(to be inserted in Chapter VI: For the implementation of Article 3, paragraph 1, Each Party
shall take all appropriate measures, including legislation, to ensure that the activities within
the lifecycle of artificial intelligence systems by public authorities or entities acting on their
behalf are in accordance with the requirements of this Convention.)
(to be inserted in Chapter VI: For the implementation of Article 3, paragraph 1, Each Party
undertakes to take steps to address progressively risks and impacts arising from the activities
within the lifecycle of artificial intelligence systems by private entities, in accordance with the
requirements of this Convention.)
Proposals regarding national security to be added in options A to C
[Option A]
A Party shall not be required to apply this Convention to the design, development, use or
decommissioning of artificial intelligence systems to protect essential national security
interests, including through foreign intelligence and counter-intelligence related activities, if
such activities are conducted in a manner consistent with applicable international law,
including international human rights law obligations, and with respect for democratic
institutions and processes.
[Option A2]
A Party [shall not be required] to apply this Convention to the design, development or use of
artificial intelligence systems in activities that seek to protect its essential national security
interest, [including through foreign intelligence and counter-intelligence related activities,] if
such activities are conducted in a manner consistent with applicable international law,
including international human rights law obligations.
[Option B]
[Nothing in this Convention shall be construed as limiting] / [This Convention shall not limit]
the ability of a Party to take the measures that it determines are necessary to protect its
national security interests, consistent with its applicable obligations under international law,
including international human rights law.
[Option C]
Each Party may restrict the application of provisions of this Convention if activities within the
lifecycle of artificial intelligence systems are necessary to protect essential national security
interests and if such activities are conducted in a manner consistent with applicable
international law, including international human rights law obligations.
CAI(2023)28
7
Proposal on national defence to be added in options A to C
This Convention shall not apply to activities within the lifecycle of artificial intelligence systems
used for purposes pertaining to national defence.
Chapter II: General obligations
Article 4 – Protection of human rights
Each Party shall adopt or maintain measures to ensure that the activities within the lifecycle
of artificial intelligence systems are compatible with obligations to protect human rights, as
enshrined in applicable international law, and in its domestic law.
Article 5 – Integrity of democratic processes and respect for rule of law
1. Each Party shall adopt or maintain measures that seek to ensure that artificial
intelligence systems are not used to undermine the integrity, independence and effectiveness
of democratic institutions and processes, including the principle of separation of powers,
respect for judicial independence, and access to justice.
2. Each Party shall adopt or maintain measures that seek to protect [individuals’]
participation in democratic processes, fair access to public debate [, and the ability of
individuals to reach decisions free from undue / [harmful and malicious external] influence or
manipulation,] in the context of activities within the lifecycle of artificial intelligence systems.
Chapter III: Principles related to activities within the lifecycle of
artificial intelligence systems
[This Chapter sets forth general common principles that each Party shall implement in regards
to [incorporate in the lifecycle of] artificial intelligence systems in a manner appropriate to its
domestic legal system and the other obligations of this Convention.]
Article 6 – Human dignity and individual autonomy
Each Party shall adopt or maintain measures to respect human dignity and individual
autonomy related to activities within the lifecycle of artificial intelligence systems.
Article 7 – Transparency and oversight
1. Each Party shall adopt or maintain measures to ensure that adequate transparency
and oversight requirements tailored to the specific contexts and risks are in place in
respect of activities within the lifecycle of artificial intelligence systems.
2. [In view of Article 5, each Party shall adopt or maintain measures [tailored to the
specific context designed] to enable detection and transparency of content generated
by artificial intelligence systems.]
Article 8 – Accountability and responsibility
Each Party shall adopt or maintain measures [that seek] to ensure accountability and
responsibility for [violations of human rights] / [adverse impacts on human rights, democracy
and the rule of law] resulting from activities within the lifecycle of artificial intelligence systems.
CAI(2023)28
8
Article 9 – Equality and non-discrimination
1. Each Party shall adopt or maintain measures with a view to ensuring that activities related
to the lifecycle of artificial intelligence systems respect equality, including gender equality, and
the prohibition of discrimination, as provided under applicable international and domestic law.
2. Each Party undertakes to adopt measures aimed at overcoming inequalities to achieve fair,
just and equitable outcomes, in line with its applicable domestic and international human rights
obligations.
Article 10 – Privacy and personal data protection
[Each Party shall adopt or maintain measures [that seek to] ensur[ing] that as regards activities
within the lifecycle of artificial intelligence systems:
a. the privacy of individuals is protected including through applicable domestic and
international personal data protection and [data governance] laws, [and] standards, and
frameworks;
b. effective guarantees and safeguards have been put in place for [individuals] data
subjects, if required under domestic and international legal obligations.]
Article 11 – Preservation of health [and the environment]
Each Party shall adopt or maintain measures to preserve health [and the environment] in the
context of activities within the lifecycle of artificial intelligence systems.
Article 12 – Reliability and trust
[Each Party shall take appropriate measures to [promote reliability, safety, validity and trust in
artificial intelligence systems, which could include the establishment of requirements that seek
to] ensure that adequate safety, security, accuracy, performance, quality, data quality, data
integrity, data security, governance, cybersecurity and robustness requirements apply
throughout the lifecycle of artificial intelligence systems.]
Article 13 – Safe innovation
[With a view to] Each Party is encouraged to foster[ing] innovation, while avoiding adverse
impacts on human rights, democracy and the rule of law. This may include, [such as by
providing] each Party is called upon to [provide for] / [enable, as appropriate, the establishment
of] [a] controlled [regulatory] environment[s] for [development and experimentation] / [testing]
artificial intelligence systems under the supervision of its competent authorities.
Chapter IV: Remedies
Article 14 – Remedies
Each Party shall, [in a manner appropriate to its domestic legal system and consistent with its
international legal obligations and the other obligations under this Convention], take measures
ensuring the availability of accessible and effective remedies for [violations of human rights] /
[unlawful harm or damage to the rights of individuals and legal persons] resulting from the
activities within the lifecycle of artificial intelligence systems, including through:
CAI(2023)28
9
a. measures to ensure that [artificial intelligence systems which have the potential to
interfere with] / [significantly affecting] human rights are properly documented, and
appropriate information about the usage] / [all operations conducted during the lifecycle
/ the relevant usage] of the artificial intelligence system is recorded, provided to bodies
authorised in accordance with its domestic law to access that information and, where
appropriate and applicable, made available or communicated to the affected persons ;
b. measures to guarantee the information referred to in paragraph (a) is sufficient and
proportionate for [an effective possibility for] the affected persons to contest the
decision(s) made or substantially informed by the use of the system, including, where
relevant, the use of the system.
c. [an effective possibility for persons concerned to lodge a complaint [to public authorities,
including where appropriate,] with the oversight mechanism referred to in Article 26, in
accordance with its domestic law.]
Article 15 – Procedural safeguards
1. Recognising the importance of human review / [oversight], each Party shall ensure
that, [where an artificial intelligence system substantially informs or takes decisions [or acts]
impacting on human rights], effective procedural guarantees, safeguards and rights, in
accordance with the applicable domestic and international law, are available to persons
affected thereby.
2. Each Party shall [seek to] ensure that, [where an artificial intelligence system
substantially informs or takes decisions [or acts] impacting on human rights], [unless obvious
from the circumstances and context of use], persons interacting with an artificial intelligence
system are notified that they are interacting with an artificial intelligence system rather than
with a human [as appropriate for the context for which the artificial intelligence system is used].
Chapter V: Assessment and Mitigation of Risks and Adverse
Impacts
Article 16 – Risk and impact management framework
1. [Each Party shall take measures for the identification, assessment, prevention and
mitigation of risks and impacts to human rights, democracy and rule of law arising from the
design, development, use and decommissioning of artificial intelligence systems within the
scope of this Convention.
2. Such measures shall take into account the risk-based approach referred to in Article 1
and:
a. contain adequate requirements which take due account of the context and intended
use of artificial intelligence systems, in particular as concerns risks to human rights,
democracy, the rule of law and the preservation of the environment;
b. take account of the severity, duration and reversibility of any potential risks and
adverse impacts;
c. integrate the perspective of all relevant stakeholders, including any person whose
rights may be potentially impacted through the design, development, use and
decommissioning of the artificial intelligence system;
d. require the recording, monitoring and due consideration of adverse impacts resulting
from the use of artificial intelligence systems;
e. ensure that the risk and impact management processes are carried out iteratively
throughout the design, development, use and decommissioning of the artificial
intelligence system;
f. require proper documentation of the risk and impact management processes;
g. require, where appropriate, publishing of the information about efforts to identify,
assess, mitigate and prevent risks and adverse impacts undertaken;
h. require the implementation of sufficient preventive and mitigating measures to address
the risks and adverse impacts identified, including, if appropriate, a requirement for prior
testing of the system before it is made available for first use;
3. Each Party shall take such legislative or other measures as may be required to put in
place mechanisms for a moratorium or ban or other appropriate measures in respect of certain
uses of artificial intelligence systems where such practices are considered incompatible with
the respect of human rights, the functioning of democracy and the rule of law.]
Chapter VI: Implementation of the Convention
Article 17 – Non-discrimination
Each Party shall implement this Convention without discrimination on any ground, as provided
for in applicable international law.
Article 18 – Rights of persons with disabilities and of children
Each Party shall, in accordance with its domestic law and applicable international obligations,
take due account of any specific needs and vulnerabilities in relation to respect of the rights of
persons with disabilities and of children.
Article 19 - Protection of whistleblowers
[Each Party shall take appropriate measures to ensure protection of whistleblowers in relation
to the activities within the lifecycle of AI systems which could adversely impact human rights,
democracy, and the rule of law.]
Article 20 – Public consultation
Each Party shall strive to ensure that important questions [emerging prior to or during the
lifecycle] / during raised by the activities within the lifecycle of artificial intelligence systems
are, as appropriate, the subject of public discussion and multi-stakeholder consultation in the
light, in particular, of relevant social, economic, legal, ethical, and environmental implications.
[Each Party shall take into due consideration the outcomes of these discussions and
consultations in policy making initiatives regarding artificial intelligence systems.]
CAI(2023)28
11
Proposal by the Secretariat, as mandated by the Committee
[Each Party shall strive to ensure that important, including emerging, questions raised by the
activities within the lifecycle of artificial intelligence systems are, as appropriate, duly
considered through public discussion and multi-stakeholder consultation in the light of social,
economic, legal, ethical, environmental and other relevant implications.]
Article 21 – Digital literacy and skills
Each Party shall encourage and promote adequate digital literacy and digital skills for all
segments of the population, including those responsible for the identification, assessment,
prevention and mitigation of risks posed by artificial intelligence systems.
Article 22 – Relationship with other legal instruments
Nothing in this Convention shall be construed as limiting, derogating from, or otherwise
affecting [any of] the human rights or other [connected]1 legal rights and obligations which may
be guaranteed under the laws of a Party or under any other international agreement to which
it is a Party.
Article 23 – Wider protection
None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting
the possibility for a Party to grant a wider measure of protection than is stipulated in this
Convention.
Chapter VII: Follow-up mechanism and cooperation
Article 24 – Conference of the Parties
New paragraphs 1 and 6 are proposals by the Secretariat, as mandated by the
Committee
1. [The Conference of the Parties shall be composed of representatives of the Parties to
the Convention.]
2. Parties shall consult periodically with a view to:
a. facilitating the effective use and implementation of this Convention, including
the identification of any problems and the effects of any declaration [or
reservation] made under this Convention;
b. considering the possible supplementation or amendment of the Convention;
c. considering matters [and making specific recommendations] concerning the
interpretation and application of this Convention;
d. facilitating the exchange of information on significant legal, policy or
technological developments of relevance [including in pursuit of the objectives
of article 25,] for the implementation of this Convention;
1 a proposal by the Secretariat
CAI(2023)28
12
e. facilitating, where necessary, the friendly settlement of disputes related to the
application of this Convention;
f. facilitating cooperation with relevant stakeholders, including where appropriate
through public hearings concerning pertinent aspects of the implementation of
the Convention.
2. The Conference of the Parties shall be convened by the Secretary General of the
Council of Europe whenever the latter finds it necessary and in any case when a majority of
the Parties or the Committee of Ministers request its convocation.
3. The Conference of the Parties shall adopt its own rules of procedure by consensus.
4. [Within the areas of its competence, the European Union shall exercise its right to vote
with a number of votes equal to the number of its member States which are Contracting Parties
to this Convention; the European Union shall not exercise its right to vote in cases where the
member States concerned exercise theirs, and conversely2].
5. Parties shall be assisted by the Secretariat of the Council of Europe in carrying out
their functions pursuant to this article.
6. [The Conference of the Parties may propose to the Committee of Ministers appropriate
ways to engage relevant expertise in support of the effective implementation of the
Convention.]
7. [Any Party which is not a member of the Council of Europe shall contribute to the
funding of the activities of the Conference of the Parties in an amount and according to
modalities to be established by the Committee of Ministers [in agreement with that Party].]
8. The Conference of the Parties may decide to restrict the participation in its work of a
Party that has ceased to be a member of the Council of Europe under Article 8 of the Statute
of the Council of Europe for a serious violation of Article 3 of the Statute. Similarly, measures
can be taken in respect of any Party non-member State of the Council of Europe concerned
by a decision of the Committee of Ministers ceasing its relations with it on grounds similar to
those mentioned in Article 3 of the Statute.
Article 25 – International co-operation
1. Parties shall co-operate in the realisation of the purpose of this Convention.
2. Parties shall, as appropriate, exchange relevant and useful information between
themselves concerning aspects related to artificial intelligence which may have significant
positive or negative effect on the enjoyment of human rights, the functioning of democracy
and the observance of rule of law, including risk and effects that have arisen in research
contexts.
3. Parties are encouraged to, as appropriate, assist States that are not Party to this
Convention in acting consistently with the terms of this Convention and becoming Party to it.
4. Parties are encouraged to, as appropriate, involve relevant non-State actors in the
exchange of information referred to under Paragraph 2.
2 Paragraph 4 is a proposal by the Secretariat;
CAI(2023)28
13
5. Parties are encouraged to strengthen cooperation to prevent and mitigate risks and
adverse impacts on human rights, democracy and the rule of law in the context of activities
within the lifecycle of artificial intelligence systems.
New proposal by the Secretariat as mandated by the Committee
[1. Parties shall co-operate in the realisation of the purpose of this Convention. Parties are
further encouraged to, as appropriate, assist States that are not Party to this Convention in
acting consistently with the terms of this Convention and becoming Party to it.
2. Parties shall, as appropriate, exchange relevant and useful information between
themselves concerning aspects related to artificial intelligence which may have significant
positive or negative effect on the enjoyment of human rights, the functioning of democracy
and the observance of rule of law, including risk and effects that have arisen in research
contexts. Parties are encouraged to, as appropriate, involve relevant non-State actors in such
exchange of information.
3. Parties are encouraged to strengthen cooperation, including where appropriate with
relevant stakeholders, to prevent and mitigate risks and adverse impacts on human rights,
democracy and the rule of law in the context of activities within the lifecycle of artificial
intelligence systems.]
Article 26 – Effective oversight mechanisms
1. Each Party shall establish or designate one or more effective mechanisms to oversee
compliance with the obligations in the Convention.
2. Each Party shall ensure that such mechanisms exercise their duties independently and
impartially and that they have the necessary powers, expertise and resources to effectively
fulfil their tasks of overseeing compliance with the obligations in the Convention, as given
effect by the Parties.
3. In case a Party has provided for more than one such mechanism, it shall take
measures, where practicable, to facilitate effective cooperation among them.
4. In case a Party has provided for mechanisms different from existing human rights
structures, it shall take measures, where practicable, to promote effective cooperation
between the mechanisms referred to in paragraph 1 and those existing domestic human rights
structures.
Chapter VIII: Final clauses
Article 27 – Effects of the Convention
[If two or more Parties have already concluded an agreement or treaty on the matters dealt
with in this Convention or have otherwise established their relations on such matters, they
shall also be entitled to apply that agreement or treaty or to regulate those relations
accordingly.
Parties which are members of the European Union shall, in their mutual relations, apply
European Union rules governing the matters within the scope of this Convention.]
CAI(2023)28
14
Article 28 – Amendments
1. Amendments to this Convention may be proposed by any Party, the Committee of
Ministers of the Council of Europe or the Conference of the Parties.
2. Any proposal for amendment shall be communicated by the Secretary General of the
Council of Europe to the Parties.
3. Moreover, any amendment proposed by a Party, or the Committee of Ministers, shall
be communicated to the Conference of the Parties, which shall submit to the
Committee of Ministers its opinion on the proposed amendment.
4. The Committee of Ministers shall consider the proposed amendment and any opinion
submitted by the Conference of the Parties and may approve the amendment.
5. The text of any amendment approved by the Committee of Ministers in accordance
with paragraph 4 shall be forwarded to the Parties for acceptance.
6. Any amendment approved in accordance with paragraph 4 shall come into force on
the thirtieth day after all Parties have informed the Secretary General of their
acceptance thereof.
Article 29 – Dispute settlement
[In the event of a dispute between Parties as to the interpretation or application of this
Convention which cannot be resolved by the Conference of the Parties, as provided for in
Article 24, paragraph 1, e, they shall seek a settlement of the dispute through negotiation or
any other peaceful means of their choice.
The European Union and its members States in their relations with each other shall not avail
themselves of Article 29 of the Convention. Nor shall the member States of the European
Union avail themselves of that Article of the Convention insofar as a dispute between them
concerns the interpretation or application of European Union law.]
Article 30 – Signature and entry into force
1. This Convention shall be open for signature by the member States of the Council of
Europe, the non-member States which have participated in its elaboration and the
European Union.
2. This Convention is subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary General of
the Council of Europe.
3. This Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which five Signatories, including
at least three member States of the Council of Europe, have expressed their consent
to be bound by the Convention in accordance with the provisions of paragraph 23.
4. In respect of any Signatory which subsequently expresses its consent to be bound by
it, the Convention shall enter into force on the first day of the month following the
3 The question of how to count the number of signatures in the case of the European Union signing will be examined and
revised at a later stage.
CAI(2023)28
15
expiration of a period of three months after the date of the deposit of its instrument of
ratification, acceptance or approval.
Article 31 – Accession
1. After the entry into force of this Convention, the Committee of Ministers of the Council
of Europe may, after consulting the Parties to this Convention and obtaining their
unanimous consent, invite any non-member State of the Council of Europe which has
not participated in the elaboration of the Convention to accede to this Convention by a
decision taken by the majority provided for in Article 20.d of the Statute of the Council
of Europe, and by unanimous vote of the representatives of the Parties entitled to sit
on the Committee of Ministers.
2. In respect of any acceding State, the Convention shall enter into force on the first day
of the month following the expiration of a period of three months after the date of
deposit of the instrument of accession with the Secretary General of the Council of
Europe.
Article 32 – Territorial application
1. Any State or the European Union may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, specify the territory or
territories to which this Convention shall apply.
2. Any Party may, at a later date, by a declaration addressed to the Secretary General of
the Council of Europe, extend the application of this Convention to any other territory
specified in the declaration. In respect of such territory the Convention shall enter into
force on the first day of the month following the expiration of a period of three months
after the date of receipt of the declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification addressed to the
Secretary General of the Council of Europe. The withdrawal shall become effective on
the first day of the month following the expiration of a period of three months after the
date of receipt of such notification by the Secretary General.
Article 33 – Federal clause (to be drafted)
Article 34 – Reservations4
[No reservation may be made in respect of any provision of this Convention.]
Article 35 – Denunciation
1. Any Party may, at any time, denounce this Convention by means of a notification
addressed to the Secretary General of the Council of Europe.
2. Such denunciation shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of the notification by the
Secretary General.
4 While considering that reservations should in principle not be necessary, whether or not it is appropriate to provide for
reservations will be considered as the CAI examines the other Chapters of the Convention.
CAI(2023)28
16
Article 36 – Notification
The Secretary General of the Council of Europe shall notify the member States of the Council
of Europe, the non-member States which have participated in its elaboration, the European
Union, any Signatory, any contracting State any Party, and any other State which has been
invited to accede to this Convention, of:
a. any signature;
b. the deposit of any instrument of ratification, acceptance, approval, or
accession;
c. any date of entry into force of this Convention in accordance with Article 30,
paras. 3 and 4, and Article 31, para. 2;
d. any amendment adopted in accordance with Article 28 and the date on which
such an amendment enters into force;
e. [any reservation and withdrawal of reservation made in pursuance of Article
34];
f. any denunciation made in pursuance of Article 35;
g. any other act, declaration, notification or communication relating to this
Convention.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done in [place], this … day of [month] 202[4], in English and in French, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe shall transmit certified copies to each member
State of the Council of Europe, to the non-member States which have participated in the
elaboration of the Convention [enjoy observer status with the Council of Europe], to the
European Union and to any State invited to [sign or] accede to this Convention.
from the use of artificial intelligence systems;
e. ensure that the risk and impact management processes are carried out iteratively
throughout the design, development, use and decommissioning of the artificial
intelligence system;
f. require proper documentation of the risk and impact management processes;
g. require, where appropriate, publishing of the information about efforts to identify,
assess, mitigate and prevent risks and adverse impacts undertaken;
h. require the implementation of sufficient preventive and mitigating measures to address
the risks and adverse impacts identified, including, if appropriate, a requirement for prior
testing of the system before it is made available for first use;
3. Each Party shall take such legislative or other measures as may be required to put in
place mechanisms for a moratorium or ban or other appropriate measures in respect of certain
uses of artificial intelligence systems where such practices are considered incompatible with
the respect of human rights, the functioning of democracy and the rule of law.]
Chapter VI: Implementation of the Convention
Article 17 – Non-discrimination
Each Party shall implement this Convention without discrimination on any ground, as provided
for in applicable international law.
Article 18 – Rights of persons with disabilities and of children
Each Party shall, in accordance with its domestic law and applicable international obligations,
take due account of any specific needs and vulnerabilities in relation to respect of the rights of
persons with disabilities and of children.
Article 19 - Protection of whistleblowers
[Each Party shall take appropriate measures to ensure protection of whistleblowers in relation
to the activities within the lifecycle of AI systems which could adversely impact human rights,
democracy, and the rule of law.]
Article 20 – Public consultation
Each Party shall strive to ensure that important questions [emerging prior to or during the
lifecycle] / during raised by the activities within the lifecycle of artificial intelligence systems
are, as appropriate, the subject of public discussion and multi-stakeholder consultation in the
light, in particular, of relevant social, economic, legal, ethical, and environmental implications.
[Each Party shall take into due consideration the outcomes of these discussions and
consultations in policy making initiatives regarding artificial intelligence systems.]
CAI(2023)28
11
Proposal by the Secretariat, as mandated by the Committee
[Each Party shall strive to ensure that important, including emerging, questions raised by the
activities within the lifecycle of artificial intelligence systems are, as appropriate, duly
considered through public discussion and multi-stakeholder consultation in the light of social,
economic, legal, ethical, environmental and other relevant implications.]
Article 21 – Digital literacy and skills
Each Party shall encourage and promote adequate digital literacy and digital skills for all
segments of the population, including those responsible for the identification, assessment,
prevention and mitigation of risks posed by artificial intelligence systems.
Article 22 – Relationship with other legal instruments
Nothing in this Convention shall be construed as limiting, derogating from, or otherwise
affecting [any of] the human rights or other [connected]1 legal rights and obligations which may
be guaranteed under the laws of a Party or under any other international agreement to which
it is a Party.
Article 23 – Wider protection
None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting
the possibility for a Party to grant a wider measure of protection than is stipulated in this
Convention.
Chapter VII: Follow-up mechanism and cooperation
Article 24 – Conference of the Parties
New paragraphs 1 and 6 are proposals by the Secretariat, as mandated by the
Committee
1. [The Conference of the Parties shall be composed of representatives of the Parties to
the Convention.]
2. Parties shall consult periodically with a view to:
a. facilitating the effective use and implementation of this Convention, including
the identification of any problems and the effects of any declaration [or
reservation] made under this Convention;
b. considering the possible supplementation or amendment of the Convention;
c. considering matters [and making specific recommendations] concerning the
interpretation and application of this Convention;
d. facilitating the exchange of information on significant legal, policy or
technological developments of relevance [including in pursuit of the objectives
of article 25,] for the implementation of this Convention;
1 a proposal by the Secretariat
CAI(2023)28
12
e. facilitating, where necessary, the friendly settlement of disputes related to the
application of this Convention;
f. facilitating cooperation with relevant stakeholders, including where appropriate
through public hearings concerning pertinent aspects of the implementation of
the Convention.
2. The Conference of the Parties shall be convened by the Secretary General of the
Council of Europe whenever the latter finds it necessary and in any case when a majority of
the Parties or the Committee of Ministers request its convocation.
3. The Conference of the Parties shall adopt its own rules of procedure by consensus.
4. [Within the areas of its competence, the European Union shall exercise its right to vote
with a number of votes equal to the number of its member States which are Contracting Parties
to this Convention; the European Union shall not exercise its right to vote in cases where the
member States concerned exercise theirs, and conversely2].
5. Parties shall be assisted by the Secretariat of the Council of Europe in carrying out
their functions pursuant to this article.
6. [The Conference of the Parties may propose to the Committee of Ministers appropriate
ways to engage relevant expertise in support of the effective implementation of the
Convention.]
7. [Any Party which is not a member of the Council of Europe shall contribute to the
funding of the activities of the Conference of the Parties in an amount and according to
modalities to be established by the Committee of Ministers [in agreement with that Party].]
8. The Conference of the Parties may decide to restrict the participation in its work of a
Party that has ceased to be a member of the Council of Europe under Article 8 of the Statute
of the Council of Europe for a serious violation of Article 3 of the Statute. Similarly, measures
can be taken in respect of any Party non-member State of the Council of Europe concerned
by a decision of the Committee of Ministers ceasing its relations with it on grounds similar to
those mentioned in Article 3 of the Statute.
Article 25 – International co-operation
1. Parties shall co-operate in the realisation of the purpose of this Convention.
2. Parties shall, as appropriate, exchange relevant and useful information between
themselves concerning aspects related to artificial intelligence which may have significant
positive or negative effect on the enjoyment of human rights, the functioning of democracy
and the observance of rule of law, including risk and effects that have arisen in research
contexts.
3. Parties are encouraged to, as appropriate, assist States that are not Party to this
Convention in acting consistently with the terms of this Convention and becoming Party to it.
4. Parties are encouraged to, as appropriate, involve relevant non-State actors in the
exchange of information referred to under Paragraph 2.
2 Paragraph 4 is a proposal by the Secretariat;
CAI(2023)28
13
5. Parties are encouraged to strengthen cooperation to prevent and mitigate risks and
adverse impacts on human rights, democracy and the rule of law in the context of activities
within the lifecycle of artificial intelligence systems.
New proposal by the Secretariat as mandated by the Committee
[1. Parties shall co-operate in the realisation of the purpose of this Convention. Parties are
further encouraged to, as appropriate, assist States that are not Party to this Convention in
acting consistently with the terms of this Convention and becoming Party to it.
2. Parties shall, as appropriate, exchange relevant and useful information between
themselves concerning aspects related to artificial intelligence which may have significant
positive or negative effect on the enjoyment of human rights, the functioning of democracy
and the observance of rule of law, including risk and effects that have arisen in research
contexts. Parties are encouraged to, as appropriate, involve relevant non-State actors in such
exchange of information.
3. Parties are encouraged to strengthen cooperation, including where appropriate with
relevant stakeholders, to prevent and mitigate risks and adverse impacts on human rights,
democracy and the rule of law in the context of activities within the lifecycle of artificial
intelligence systems.]
Article 26 – Effective oversight mechanisms
1. Each Party shall establish or designate one or more effective mechanisms to oversee
compliance with the obligations in the Convention.
2. Each Party shall ensure that such mechanisms exercise their duties independently and
impartially and that they have the necessary powers, expertise and resources to effectively
fulfil their tasks of overseeing compliance with the obligations in the Convention, as given
effect by the Parties.
3. In case a Party has provided for more than one such mechanism, it shall take
measures, where practicable, to facilitate effective cooperation among them.
4. In case a Party has provided for mechanisms different from existing human rights
structures, it shall take measures, where practicable, to promote effective cooperation
between the mechanisms referred to in paragraph 1 and those existing domestic human rights
structures.
Chapter VIII: Final clauses
Article 27 – Effects of the Convention
[If two or more Parties have already concluded an agreement or treaty on the matters dealt
with in this Convention or have otherwise established their relations on such matters, they
shall also be entitled to apply that agreement or treaty or to regulate those relations
accordingly.
Parties which are members of the European Union shall, in their mutual relations, apply
European Union rules governing the matters within the scope of this Convention.]
CAI(2023)28
14
Article 28 – Amendments
1. Amendments to this Convention may be proposed by any Party, the Committee of
Ministers of the Council of Europe or the Conference of the Parties.
2. Any proposal for amendment shall be communicated by the Secretary General of the
Council of Europe to the Parties.
3. Moreover, any amendment proposed by a Party, or the Committee of Ministers, shall
be communicated to the Conference of the Parties, which shall submit to the
Committee of Ministers its opinion on the proposed amendment.
4. The Committee of Ministers shall consider the proposed amendment and any opinion
submitted by the Conference of the Parties and may approve the amendment.
5. The text of any amendment approved by the Committee of Ministers in accordance
with paragraph 4 shall be forwarded to the Parties for acceptance.
6. Any amendment approved in accordance with paragraph 4 shall come into force on
the thirtieth day after all Parties have informed the Secretary General of their
acceptance thereof.
Article 29 – Dispute settlement
[In the event of a dispute between Parties as to the interpretation or application of this
Convention which cannot be resolved by the Conference of the Parties, as provided for in
Article 24, paragraph 1, e, they shall seek a settlement of the dispute through negotiation or
any other peaceful means of their choice.
The European Union and its members States in their relations with each other shall not avail
themselves of Article 29 of the Convention. Nor shall the member States of the European
Union avail themselves of that Article of the Convention insofar as a dispute between them
concerns the interpretation or application of European Union law.]
Article 30 – Signature and entry into force
1. This Convention shall be open for signature by the member States of the Council of
Europe, the non-member States which have participated in its elaboration and the
European Union.
2. This Convention is subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary General of
the Council of Europe.
3. This Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which five Signatories, including
at least three member States of the Council of Europe, have expressed their consent
to be bound by the Convention in accordance with the provisions of paragraph 23.
4. In respect of any Signatory which subsequently expresses its consent to be bound by
it, the Convention shall enter into force on the first day of the month following the
3 The question of how to count the number of signatures in the case of the European Union signing will be examined and
revised at a later stage.
CAI(2023)28
15
expiration of a period of three months after the date of the deposit of its instrument of
ratification, acceptance or approval.
Article 31 – Accession
1. After the entry into force of this Convention, the Committee of Ministers of the Council
of Europe may, after consulting the Parties to this Convention and obtaining their
unanimous consent, invite any non-member State of the Council of Europe which has
not participated in the elaboration of the Convention to accede to this Convention by a
decision taken by the majority provided for in Article 20.d of the Statute of the Council
of Europe, and by unanimous vote of the representatives of the Parties entitled to sit
on the Committee of Ministers.
2. In respect of any acceding State, the Convention shall enter into force on the first day
of the month following the expiration of a period of three months after the date of
deposit of the instrument of accession with the Secretary General of the Council of
Europe.
Article 32 – Territorial application
1. Any State or the European Union may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, specify the territory or
territories to which this Convention shall apply.
2. Any Party may, at a later date, by a declaration addressed to the Secretary General of
the Council of Europe, extend the application of this Convention to any other territory
specified in the declaration. In respect of such territory the Convention shall enter into
force on the first day of the month following the expiration of a period of three months
after the date of receipt of the declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification addressed to the
Secretary General of the Council of Europe. The withdrawal shall become effective on
the first day of the month following the expiration of a period of three months after the
date of receipt of such notification by the Secretary General.
Article 33 – Federal clause (to be drafted)
Article 34 – Reservations4
[No reservation may be made in respect of any provision of this Convention.]
Article 35 – Denunciation
1. Any Party may, at any time, denounce this Convention by means of a notification
addressed to the Secretary General of the Council of Europe.
2. Such denunciation shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of the notification by the
Secretary General.
4 While considering that reservations should in principle not be necessary, whether or not it is appropriate to provide for
reservations will be considered as the CAI examines the other Chapters of the Convention.
CAI(2023)28
16
Article 36 – Notification
The Secretary General of the Council of Europe shall notify the member States of the Council
of Europe, the non-member States which have participated in its elaboration, the European
Union, any Signatory, any contracting State any Party, and any other State which has been
invited to accede to this Convention, of:
a. any signature;
b. the deposit of any instrument of ratification, acceptance, approval, or
accession;
c. any date of entry into force of this Convention in accordance with Article 30,
paras. 3 and 4, and Article 31, para. 2;
d. any amendment adopted in accordance with Article 28 and the date on which
such an amendment enters into force;
e. [any reservation and withdrawal of reservation made in pursuance of Article
34];
f. any denunciation made in pursuance of Article 35;
g. any other act, declaration, notification or communication relating to this
Convention.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done in [place], this … day of [month] 202[4], in English and in French, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe shall transmit certified copies to each member
State of the Council of Europe, to the non-member States which have participated in the
elaboration of the Convention [enjoy observer status with the Council of Europe], to the
European Union and to any State invited to [sign or] accede to this Convention.
No comments:
Post a Comment