The Council of Europe adopts the first international treaty on Artificial Intelligence

Executive Summary:

• In May 2024, the Council of Europe adopted the first international treaty on artificial intelligence, entitled “Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law” (hereinafter the “Convention”).
• The Convention aims to ensure that activities within the life cycle of artificial intelligence systems are aligned with respect for human rights, democracy and the rule of law.
• The Convention can also be ratified by countries that are not part of the European Union and that participated in its drafting, such as Mexico, the United States, Canada, Japan, among others.
• The Convention must be signed by the States before it can enter into force.

The Convention is the first multinational agreement ensuring that Artificial Intelligence (AI) respects human rights, and was drafted with the support of different countries. The agreement seeks to harness the benefits of AI while reducing its risks. The Council of Europe's Committee on Artificial Intelligence led its development over a two-year period.

• Scope and Application: The Convention sets out guidelines for the use of artificial intelligence systems, through which two ways are envisaged for its signatories to comply with its principles and obligations: (i) they can choose to be bound directly by the provisions of the Convention; or (ii) they can adopt other measures, as long as they comply with the provisions of the Convention. This flexible approach is considered necessary due to the differences between the legal systems of the signatory States.
• Transparency, Oversight and Reporting Requirements: The Convention establishes transparency and oversight requirements tailored to contexts and risks, including the identification of content generated by Artificial Intelligence. Signatory States will be obliged to submit a report to the Conference of the Parties, which will be held periodically. This report will aim to inform about the measures adopted to comply with the Convention, as well as to address the risks and impacts arising from activities within the life cycle of Artificial Intelligence.
• Legal Resources: Signatory States must implement effective legal remedies for victims of human rights violations arising from the use of Artificial Intelligence, which are required by international law and must be consistent with their local law in order to ensure their real accessibility.
• Monitoring Mechanism: The Convention establishes the obligation for each signatory State to establish an independent supervisory body, responsible for monitoring compliance with the Convention. This body will exercise its functions independently and impartially, having the necessary powers, expertise and resources to effectively carry out its tasks of monitoring compliance with the obligations set out in the Convention.

To whom will the Convention apply?

To all countries that ratify it, which will mainly be members of the Council of Europe, members of the European Union and other non-member countries that have participated in drafting the Convention.

Links to the note:

https://search.coe.int/cm#{%22CoEObjectId%22:[%220900001680afb11f%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}