ARTIFICIAL INTELLIGENCE AND HUMAN RIGHTS: THE ROLE OF HUDERIA AND FRIA IN BUILDING ETHICAL FUTURES
ARTIFICIAL INTELLIGENCE AND HUMAN RIGHTS: THE ROLE OF HUDERIA AND FRIA IN BUILDING ETHICAL FUTURES

Summary/Abstract: In recent years, the term "artificial intelligence" (AI) has become ubiquitous, sparking wide-ranging discussions among scientists, policymakers, and practitioners across multiple fields. AI has the potential to revolutionize nearly all sectors by enhancing transparency, accountability, and decision-making. However, like any powerful technology, it can be used for both beneficial and harmful purposes. While AI creates unprecedented opportunities, it also introduces significant risks that can negatively affect individuals and society. These risks include systematic bias, digital exclusion, misuse by authoritarian actors, loss of privacy, discrimination, arbitrary detention, disinformation, election manipulation, mass surveillance, as well as concerns around human rights protection, safety, liability, security, and fairness. Given these profound implications, effective regulation of AI has become essential. Two emerging regulatory frameworks - the Fundamental Rights Impact Assessment (FRIA) under the European Union AI Act and the Human Rights Due Diligence for AI (HUDERIA) - seek to address this need by embedding fundamental rights considerations into corporate AI governance. FRIA, as a mandatory assessment mechanism, requires companies to proactively identify and mitigate AI-related human rights risks. In contrast, HUDERIA offers a voluntary framework aligned with broader ethical principles. However, the coexistence of these approaches remains fragmented, raising concerns about inconsistent corporate compliance and enforcement. The article examines how the ongoing debate over the horizontal application of human rights in AI governance is shaping corporate responsibilities. It argues that a unified AI governance framework integrating FRIA and HUDERIA could not only enhance regulatory compliance but also catalyse a strategic shift in corporate approaches to fundamental rights.

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