Human Rights and Artificial Intelligence

Independent jurisdiction and flesh-and-blood judges are true cornerstones of legal protection in our society. In that light, what does the rise of AI mean for independent and expert jurisdiction? Up to now, jurisdiction has adopted a reticent stance with regard to AI. But on the other hand, it recently turned out that a judge had used ChatGPT in drawing up a draft verdict. Judges also have to judge on issues in which AI plays a role, for example if the use of AI by the government appears to violate citizens’ rights.

This raises the question of what the rise of AI means for the judiciary and particularly for the role of jurisdiction in protecting fundamental rights. Completely erroneously, numerous judges still seem to be thinking ‘AI is not for me’. But in the year 2024, legal protection also requires judges to keep an open mind regarding AI, and to recognise opportunities as well as risks.