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15 - Artificial Intelligence and Children’s Rights

from Part II - Information and Communication Technologies and Human Rights

Published online by Cambridge University Press:  17 May 2022

Marcello Ienca
Affiliation:
College of Humanities, EPFL Lausanne
Oreste Pollicino
Affiliation:
Bocconi University Faculty of Law, Italy
Laura Liguori
Affiliation:
Portolano Cavallo
Elisa Stefanini
Affiliation:
Portolano Cavallo
Roberto Andorno
Affiliation:
University of Zurich Faculty of Law
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Summary

This chapter proposes using Artificial Intelligence (AI) to reposition the place of the child in society. Advancements in digital technology and applied statistical analysis offer an opportunity to dislodge the largely entrenched view of the child as an inferior rights holder. As currently positioned, the child’s power is derived from the parent(s) or legal guardian(s). This currently accepted derivative power structure limits the child’s autonomy to wield power independently from the parent. This structure was successful in the past. However, technological advances and the modern child’s dependence on digital resources requires a re-examination of this parent-based derivative power structure. Parents may now have less capability to perform protective and preparatory duties owed to children in the digital context. An analysis of the parent as gatekeeper for participatory rights in the modern digital context is critiqued and the ability of AI to alleviate this problem is proposed.

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Publisher: Cambridge University Press
Print publication year: 2022

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