The right to contest to automatic decisions-making based on artificial intelligence: a manifestation of human rights requirements in the age of technology

Ameri, Zahra; Moghaddasi, Mohammad Bagher; Habibnezhad, Seyyed Ahmad

doi:10.22034/mral.2024.2013708.1531

The right to contest to automatic decisions-making based on artificial intelligence: a manifestation of human rights requirements in the age of technology

Document Type : Original Article

Authors

zahra ameri ¹

Mohammad Bagher Moghaddasi ²

seyyed ahmad habibnezhad ³

¹ bojnord

² Assistant Professor of Criminal Law and Criminology University of Bojnord Bojnord, Iran

³ associated professor,university of tehran,farabi campus

10.22034/mral.2024.2013708.1531

Abstract

The use of artificial intelligence in decision-making, despite its advantages - speed, creativity, reduction of discrimination and bias - also raises concerns about its accuracy, fairness and responsibility. Allowing people to contest to automated decisions that affect them is a useful tool to protect their rights, freedoms and legitimate interests. This article explains the position of this right in Iran's legal system by descriptive analytical method and using library resources after explaining the right to contest to automatic decision-making and reflecting this right in the international and national arena. The results of the research show that although many countries have recognized the right to contest to automatic decisions, the approaches in explaining the legal status of this right - from standard-oriented to rule-based and from procedural framing to substantive formulation - is variable. In Iran's legal system, we are faced with the lack of provisions supporting automatic decision-making and, consequently, their contestability; an issue that requires identification with the expansion of the use of artificial intelligence in public and private spheres. Therefore, it is necessary to explicitly identify the right to protest by law and the need for a systematic mechanism in the relevant laws to explain the substantive elements of this right by going through purely procedural processes

Keywords

Automatic decision making

artificial intelligence

right to contest

appeal

Subjects