Open AccessLegal Regulation of Robots and Artificial Intelligence in Latin America, the Problem of Human Rights and AI
Author(s) -
А. Ж. Степанян,
Т. С. Заплатина
Publication year - 2020
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2020.164.7.127-136
Subject(s) - human rights , legislation , robot , artificial intelligence , autonomy , convention , law , political science , doctrine , computer science , law and economics , sociology
We are currently experiencing a new revolution, which is related to the Internet, nanotechnology, biotechnology and robotics. Artificial intelligence is based on intelligent algorithms or learning algorithms similar to human intelligence, technologies make it possible for computer systems to acquire independence, self-adaptive reconfiguration. The greater the autonomy of AI, robots, and androids, the less they depend on manufacturers, owners, and users. The fact that the new generation of robots will coexist with humans should be taken into account in legislation, it should adapt and regulate issues of great legal significance, namely: who takes responsibility for the actions or inaction of intelligent robots? What is their legal status? Should they have a special regime of rights and obligations? How to resolve ethical conflicts related to their behavior? The analysis of legislation and doctrine in Latin America has revealed some trends in the use of AI. 1. The use of AI in various spheres of public life causes legal problems in terms of guaranteeing human rights, as evidenced by the analysis of the constitutions of Brazil, Mexico and Argentina. For example, article 8 of the American Convention on Human Rights states: "Everyone has the right to have his case heard, with appropriate guarantees and within a reasonable period of time, before a competent, independent and impartial court convened in advance by law in support of any criminal charge brought against him or to determine his rights or obligations of a civil, labour, financial or any other nature." 2. The similarity of AI and human intelligence raises the question of legal personality of AI, granting AI rights. The civil and commercial code of Argentina departs from the category of "human person" and establishes the term "legal persons": "all persons to whom the legal system grants the ability to acquire rights are legal persons for the purpose of fulfilling their purpose and obligations". The line between things and people is becoming more blurred, technology and a more sensitive view of other living beings lead to doubt whether man is the sole subject of law.