Author: Denis Avetisyan
As artificial intelligence rapidly reshapes societies, ensuring its development respects cultural identities and promotes equitable progress is becoming critically important.
This review examines the intersection of AI, cultural rights, and the right to development, advocating for their inclusion in global human rights governance frameworks.
While international human rights law enshrines cultural rights and the right to development, emerging artificial intelligence technologies present novel challenges to their full realization. This paper, ‘Cultural Rights and the Rights to Development in the Age of AI: Implications for Global Human Rights Governance’, examines how AI systems impact cultural expression, intellectual property, and equitable access to development opportunities, potentially exacerbating existing inequalities. It argues that current AI governance frameworks insufficiently address these intersections, necessitating a more nuanced understanding of algorithmic bias and culturally sensitive design. How can we ensure that the rapid advancement of AI fosters inclusive and culturally respectful technological progress for all?
The Expanding Algorithmic Landscape: A Threat to Fundamental Rights
The pervasive integration of Artificial Intelligence is rapidly reshaping the landscape of modern life, extending far beyond simple automation to influence critical decision-making processes. From algorithms determining access to loans and social welfare programs, to predictive policing tools impacting the justice system, AI is increasingly involved in the allocation of vital resources and the administration of justice. These systems, while potentially offering increased efficiency, operate based on data-driven models that can perpetuate, and even amplify, existing societal biases. Consequently, individuals are subject to judgments and outcomes shaped not by human discretion, but by complex algorithms, raising significant questions about transparency, accountability, and fairness in an era defined by data-driven governance.
The accelerating integration of artificial intelligence into crucial societal systems poses a considerable threat to Cultural Rights and the Right to Development, disproportionately impacting vulnerable populations. Algorithms trained on biased datasets can perpetuate and amplify existing prejudices, leading to discriminatory outcomes in areas like access to education, healthcare, and economic opportunity. This isn’t simply a matter of technical error; the very design of these systems can prioritize certain cultural norms and developmental pathways while marginalizing others, effectively silencing diverse voices and hindering equitable progress. For communities already facing systemic disadvantages, AI-driven tools risk solidifying existing power imbalances and creating new barriers to self-determination, potentially eroding cultural heritage and impeding sustainable development initiatives.
Current legal structures, designed for traditional forms of discrimination, frequently prove inadequate when confronting the nuanced inequities generated by artificial intelligence. This paper details how AI systems, trained on biased data or employing opaque algorithms, can perpetuate and even amplify existing societal prejudices, leading to discriminatory outcomes in areas like loan applications, hiring processes, and even criminal justice. The analysis reveals a critical gap in accountability and redress, as attributing responsibility for AI-driven harms remains a complex legal challenge. Consequently, the research argues for the development of a binding international instrument – a robust, globally recognized framework – to specifically address these novel challenges, ensuring that AI’s benefits are shared equitably and its potential harms are effectively mitigated through clear standards, oversight mechanisms, and avenues for legal recourse.
The unchecked proliferation of artificial intelligence presents a tangible threat to the foundational principles of human rights, potentially solidifying and amplifying existing societal inequalities. Algorithms, trained on biased datasets, can perpetuate discriminatory practices across critical sectors like loan applications, hiring processes, and even criminal justice, disproportionately impacting marginalized communities. Without deliberate and proactive governance – encompassing robust regulatory frameworks, independent audits, and a commitment to algorithmic transparency – these systems risk entrenching disadvantage and limiting access to essential resources and opportunities. The concern isn’t simply about intentional malice, but the potential for automated inequity, where bias is scaled and normalized through ostensibly neutral technological processes, ultimately undermining the Right to Development and the full enjoyment of fundamental freedoms.
Constructing Algorithmic Guardrails: International AI Governance Frameworks
The UN Guiding Principles on Business and Human Rights (UNGPs) establish the expectation that businesses should respect human rights, regardless of where they operate. This principle applies to the development and deployment of Artificial Intelligence (AI) systems, requiring companies to conduct due diligence to identify, prevent, mitigate, and account for how AI impacts human rights. Specifically, the UNGPs’ “Protect, Respect, Remedy” framework compels states to protect against human rights abuses by third parties, including businesses, while businesses have the responsibility to respect human rights throughout their operations and value chains. In the context of AI, this necessitates proactive risk assessment to address potential harms related to bias, discrimination, privacy violations, and limitations to freedoms of expression and association, alongside establishing effective grievance mechanisms for affected stakeholders.
The UNESCO Recommendation on the Ethics of Artificial Intelligence, adopted in 2021, provides a global normative framework encompassing areas such as inclusivity, gender equality, and environmental sustainability, while the Council of Europe’s draft Framework Convention on AI, currently under negotiation, focuses on establishing legally binding rules based on a risk-based approach. This Convention categorizes AI systems based on their potential harm – unacceptable, high, limited, and minimal – and correspondingly outlines levels of regulatory scrutiny, including prohibitions on certain applications and requirements for conformity assessment. Both initiatives aim to harmonize standards across jurisdictions, promoting responsible AI development and deployment, and addressing issues like transparency, accountability, and the protection of fundamental rights; however, the Council of Europe’s approach is legally binding, whereas the UNESCO Recommendation is non-binding and relies on voluntary implementation by member states.
Effective AI governance necessitates the coordinated participation of multiple stakeholder groups to address the complex challenges posed by the technology. Governments are responsible for establishing legal frameworks and regulatory oversight, while industry provides technical expertise and implements responsible AI practices. Civil society organizations contribute by advocating for ethical considerations, promoting transparency, and representing public interests. Critically, the inclusion of affected communities ensures that AI development and deployment considers diverse perspectives and mitigates potential harms specific to those most impacted by the technology. This multi-stakeholder approach fosters accountability, promotes innovation aligned with societal values, and enhances the legitimacy and effectiveness of AI governance initiatives.
AI Impact Assessment (AIIA) is a systematic process used to evaluate the potential positive and negative consequences of deploying an AI system. AIIA frameworks typically involve identifying foreseeable harms across categories such as fairness, privacy, safety, and accountability. These assessments are not solely focused on technical performance; they also consider societal impacts and the distribution of benefits and risks. Proactive implementation of AIIA allows organizations to identify and mitigate potential harms before deployment, often through design modifications, implementation of safeguards, or the establishment of monitoring mechanisms. The results of an AIIA are increasingly expected by regulators and stakeholders to demonstrate responsible AI development and deployment, and may be a prerequisite for market access in certain jurisdictions.
Echoes of Colonialism: The Digital Divide and its Implications
The persistent digital divide significantly hinders the Right to Development by creating unequal access to technologies like Artificial Intelligence. Approximately 2.7 billion people globally lack internet access as of 2023, disproportionately impacting communities in developing nations and rural areas. This exclusion limits participation in the emerging AI-driven economy, restricting opportunities for education, employment, and access to essential services such as healthcare and financial inclusion. Furthermore, a lack of digital literacy and affordable infrastructure prevents effective utilization of AI tools, exacerbating existing socio-economic disparities and creating a cycle of disadvantage. The absence of localized content and culturally relevant applications further marginalizes excluded populations, preventing them from benefiting from AI’s potential contributions to sustainable development.
Digital colonialism manifests as the extraction of data and the imposition of algorithmic control by entities – typically corporations or governments – based in the Global North onto communities in the Global South. This process replicates colonial power dynamics by treating data as a resource to be exploited, often without equitable benefit-sharing or local control. Algorithmic control, through systems like facial recognition or credit scoring, can reinforce existing biases and limit opportunities for marginalized populations. The resulting data asymmetries contribute to economic dependence and hinder the development of local technological capacity, effectively maintaining a system where value is extracted from the Global South while control remains concentrated elsewhere. This differs from traditional colonialism through the use of technological infrastructure and data flows, but the core dynamic of unequal power relations and resource extraction remains consistent.
Historical and ongoing economic disparities in the Global South significantly exacerbate the challenges posed by the digital divide. Colonial infrastructure development prioritized resource extraction and administrative control rather than equitable access to communication technologies, creating a lasting deficit in digital infrastructure. Post-colonial economic policies, often characterized by debt dependency and structural adjustment programs, further limited investment in education, technological development, and widespread internet access. This has resulted in lower rates of digital literacy, limited access to affordable devices and data, and a reduced capacity to participate in the development and governance of AI systems, effectively perpetuating patterns of economic dependence and hindering equitable access to the benefits of digital technologies.
The preservation of linguistic diversity and cultural heritage is fundamentally important for the development of inclusive and representative AI systems. Current AI training datasets are heavily biased towards dominant languages – particularly English – and Western cultural norms, resulting in algorithms that perform poorly, or exhibit bias, when applied to under-represented languages and cultural contexts. This imbalance limits the potential of AI to address challenges specific to diverse communities and risks the erasure of valuable indigenous and traditional knowledge. Actively incorporating data from a wider range of languages and cultures, and employing culturally sensitive AI development practices, is therefore essential to ensure that AI reflects and respects the breadth of human knowledge and promotes equitable outcomes globally.
Towards Inclusive AI: Safeguarding Rights and Promoting Development
Effective participation in the evolving landscape of artificial intelligence demands a concerted global effort to bolster international cooperation and build capacity within communities worldwide. The development and governance of AI should not be confined to a select few nations or organizations; rather, it requires a collaborative framework that facilitates the sharing of knowledge, resources, and best practices. This necessitates investment in educational programs tailored to local contexts, empowering individuals with the skills to understand, utilize, and critically assess AI technologies. Furthermore, strengthening institutional capacity within developing nations – including fostering regulatory frameworks and promoting digital infrastructure – is vital to ensure equitable access and participation. Ultimately, a globally inclusive approach to AI is not merely a matter of fairness, but a prerequisite for realizing the technology’s full potential to address shared challenges and promote sustainable development for all.
Algorithmic transparency and accountability are increasingly recognized as vital components in responsible AI development, directly addressing the potential for embedded biases and discriminatory outcomes. When the inner workings of algorithms remain opaque – a ‘black box’ scenario – it becomes difficult to identify and rectify unfair or prejudiced decision-making processes. Promoting transparency involves not only revealing the data used to train these systems, but also detailing the logic and weighting applied to various inputs. Crucially, establishing clear lines of accountability ensures that developers, deployers, and those governing AI systems are responsible for addressing harms caused by biased algorithms, fostering a culture of continuous improvement and ethical consideration. Without these safeguards, AI risks perpetuating and amplifying existing societal inequalities, hindering progress towards equitable and just outcomes.
The pervasive integration of artificial intelligence into daily life necessitates a concerted effort to equip individuals with the requisite skills to not only navigate, but also benefit from, this technological shift. Closing the Digital Divide demands more than simply providing access to technology; it requires substantial investment in education and digital literacy programs tailored to diverse communities and skill levels. These initiatives should focus on cultivating critical thinking, problem-solving abilities, and a fundamental understanding of how AI systems function – empowering individuals to discern credible information, participate meaningfully in the digital economy, and advocate for responsible AI development. Without widespread digital literacy, the potential of AI to foster inclusive growth risks being overshadowed by increased inequality and social exclusion, leaving significant portions of the population unable to fully participate in, or benefit from, the opportunities presented by the AI era.
The ethical trajectory of artificial intelligence hinges on a fundamental commitment to human rights and inclusive development. This paper posits that proactive safeguarding of these principles isn’t merely a moral imperative, but a necessity for realizing AI’s potential benefits for all of humanity. Current frameworks, while acknowledging potential harms, often lack the enforcement mechanisms required to address systemic biases and ensure equitable access to AI-driven technologies. Therefore, a binding international instrument is proposed – a formalized agreement amongst nations to establish clear standards, accountability measures, and redress mechanisms. This would move the conversation beyond aspirational guidelines and establish a legally sound foundation for responsible AI innovation, preventing the exacerbation of existing inequalities and fostering a future where technological advancement genuinely serves the collective good.
The pursuit of equitable AI governance, as detailed within this paper, demands a rigor mirroring mathematical proof. The assertion that algorithmic bias can erode cultural rights and impede development necessitates not merely empirical observation, but demonstrable, invariant properties within AI systems. Grace Hopper aptly stated, “It’s easier to ask forgiveness than it is to get permission.” This sentiment, while often applied to innovation, underscores a critical point: proactively establishing the correctness of AI systems – proving their adherence to principles of cultural sensitivity and equitable access – is paramount. The paper’s emphasis on integrating these considerations into governance frameworks echoes the need for verifiable, rather than simply functional, technological advancement. Any deviation from demonstrably fair algorithms invites consequences far exceeding the effort required for initial, rigorous design.
What Lies Ahead?
The preceding analysis reveals a predictable, yet persistently overlooked, dissonance. The pursuit of technological advancement, framed as universal progress, routinely encounters the particularities of culture and development. To suggest that algorithms, born of logical positivism, require tempering by considerations of cultural rights feels almost…tautological. Yet, the persistence of algorithmic bias demonstrates the gulf between formal correctness and substantive equity. The challenge is not merely to detect bias, but to conceive of systems where bias is provably absent, a feat demanding a re-evaluation of foundational principles.
Future inquiry must move beyond symptom-management – the iterative ‘fixing’ of biased outputs – toward a more axiomatic approach. Can a truly neutral algorithm be constructed, or is neutrality itself a conceptually flawed ideal when applied to inherently subjective human contexts? The integration of cultural rights and the right to development into AI governance demands not simply ethical guidelines, but formal verification – a mathematical demonstration of fairness, not merely an assertion of intent.
Ultimately, the success of this endeavor rests on a willingness to admit the limits of purely technical solutions. The elegant equation will not, of itself, resolve questions of justice. It can, however, illuminate the precise points where logic fails, and where the messy, irreducible realities of human culture demand attention. The true test lies not in building smarter machines, but in understanding the inherent incompleteness of any formal system when applied to the human condition.
Original article: https://arxiv.org/pdf/2512.15786.pdf
Contact the author: https://www.linkedin.com/in/avetisyan/
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2025-12-20 03:51