How is illegally obtained evidence a challenge for human rights?
Inaugurating Goldsmiths Law’s “European encounters”: The Council of Europe and Artificial Intelligence

Goldsmiths Law is delighted to launch a programme of “European encounters”, intended to bring our students, academics and the wider public in the UK in contact with European institutions, to shed light on the work they are doing in key areas of activity influencing our day-to-day lives; justice, security, the environment, commerce, financial services, the rule of law, technology, international human rights.

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In this first session in the series, on Tuesday, March 5, 09.30 to 11.30, we have the pleasure of welcoming to the College the Council of Europe’s Charlotte Altenhöner-Dion, who is the Head of the Internet Governance Unit and Secretary to the Expert Committee on Human Rights Dimensions of Automated Data Processing and Different Forms of Artificial Intelligence (MSI-AUT). Book your place here.

Charlotte will bring to our attention the Council of Europe’s efforts to assess both the threats and opportunities of Artificial Intelligence (AI) for human rights. The Council of Europe’s new website on AI provides a useful illustration of recent initiatives, forthcoming events, and projects planned.

The Council of Europe with its 47 member states is the continent’s leading human rights organisation and guardian of the rights of some 830 million Europeans. Technological advancement over the last decades has fundamentally transformed societies by providing new tools for communication, news consumption, education, entertainment, commercial transactions and multiple other facets of everyday activities. Operating on the detection and reinforcement of patterns in large datasets, information processing technology offers the potential to rationalise services and deliver enormous efficiency gains in task and systems performance, which may enhance human flourishing and contribute to creating optimal conditions for the exercise of human rights.

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Increasing numbers of Europeans reap the benefits of AI every day as unprecedented progress is made in a wide range of fields, including industrial productivity, health care, transportation and logistics. At the same time, there is growing concern amongst the public about the broader implications of the use, and possible abuse, of automated data processing and mathematical modelling for individuals, for communities, and for societies. Can computational data analytics replace the reasoning of a trained judge when applying the law to a specific context? How does algorithmic decision-making affect the delivery of essential public services and our recruitment and employment conditions? Can individuals remain visible as independent agents in societies that are shaped by optimisation processes? What is the effect on freedom of expression and the plurality of public communication spaces when individuals are micro-targeted with messages that are based on profiling? And finally: how does the increasing reliance on mainly privately developed and run technology square with the rule of law and the fundamental principle of democratic societies that all power must be accountable before the law?

Charlotte Altenhöner-Dion will attempt to provide answers to these questions, reflecting on Council of Europe work in this area, including  the adoption of the first European text defining the ethical framework for the use of AI in judicial systems; the draft ‘Declaration on the manipulative capabilities of algorithmic processes’ (which is being discussed on February 12) and the high-level conference in Helsinki on 26 and 27 February 2019 on ‘Governing the Game Changer – Impacts of AI on Human rights, Democracy and the Rule of law’.

Charlotte Altenhöner-Dion has a law degree from Hamburg University and an LL.M. in International Law from Georgetown University. She has been with the Council of Europe for the past ten years, having previously worked for the OSCE and the UN, including in Central Asia, the Balkans, and East Africa. Her current professional focus lies on the human rights impacts of digital transformation, intermediary liability, and the institutional challenges of governing fast-moving technologies in a rights-compliant manner, while adhering to the principles of democracy and the rule of law.

The ”European Encounter” series echoes the Law programme’s intention to offer its students unique opportunities to engage with UK and European policy makers, and to explore cutting edge issues such as the relationship between technology and European human rights. You can read more about areas of specialisation in the LLB Law programme here

ECHR impact in the UK

On 22nd of January 2019, the Royal Society of Arts hosted our latest Knowing Our Rights seminar. Experts in human rights discussed the European Convention on Human Rights’ (ECHR) impact in the UK, from both legal theory and legal practice perspective. The discussions underlined the substantial increase in the protection of British citizens’ rights since the Human Rights Acts 1998 (HRA) came into force (in 2000). All along the seminar, experts aimed to provide keys to understanding the significance of the HRA in citizens’ lives at a time where the Act is being questioned by the government.

Jonathan Cooper OBE (Doughty Street Chambers) recalled how weak the protection of British citizens’ rights used to be before the adoption of the Act. When many fundamental rights, like the right to privacy, the right to equality or the right to protest, were not formally guaranteed by common law, minorities and vulnerable citizens did suffer from serious discriminations and denials (e.g. persecution of homosexuals, denial of LGBT identity, corporal punishment in schools…). Since the HRA was implemented, the proportionality test (balance between an individual’s rights and public interests) has been a key element in human rights’ effective protection.

Nadia O’Mara (Policy and Campaigns Officer, Liberty) explained how Non-Governmental Organizations (NGOs) like Liberty challenge the use of indiscriminate surveillance powers by British enforcement authorities, on the basis of Article 8 of the ECHR (right to respect for private life).

Maya Sikand (Head of the Human Rights team, Garden Court Chambers) went on by evoking her own experience at court, in order to point out the influence of article 8 (right to respect for family life) on British case law. She referred to the more extensive approach recently adopted by courts who take into consideration the defendant’s children’s right to respect for family life before deciding whether to send their primary carer (usually their mother) to prison.

After recalling the British government’s reluctance to grant prisoners the right to vote and the European institutions’ relative tolerance regarding this issue, Ruvi Ziegler (Associate Professor in Law, University of Reading) underlined the upcoming issues related to the right to vote for British citizens living outside the UK or in Northern Ireland after Brexit. 

Liora Lazarus (Associate Professor in Law, Oxford; Fellow, St Anne’s College and Head of Research at Bonavero Institute of Human Rights) drew attention on the tension between human rights protection and security policies that has characterized the last two decades. She condemned the tendency to draw a distinction between deserving and undeserving right-bearers (terrorists…).

This warning echoed Professor Dimitrios Giannoulopoulos’ (Law, Goldsmiths University of London) introductory speech. He had referred to the different theories of human rights: whether they should be considered as universal values or just as legal products with a ‘use by’ date…

Then, Adam Wagner (Doughty Street Chambers, founder of RightsInfo and UK Human Rights Blog) insisted on British citizens’ lack of knowledge of human rights (as to what rights actually consist of). A link could seemingly be established between the lack of education on rights (and misinformation spread by politicians and media) and people’s scepticism and hostility towards human rights.

That’s why it is necessary to make practical use of Convention rights, as Sanchita Hosali (Director, British Institute of Human Rights) explained. Once they are aware of their rights, citizens, in their everyday lives, are able to remind public institutions of their duty to respect those rights.  Concluding the seminar, Sir Geoffrey Nice QC (Visiting Professor in Law, Goldsmiths University of London) called for public awareness of what is at stake as to the future of human rights’ protection. He invites us to ask ourselves: what’s best? Having our rights dealt with by British lawyers, OR having them guaranteed by lawyers and judges, not only from Britain, but from all across Europe?

What has the ECHR ever done for the UK?

On 9 November 2018, twenty years will have passed since the enactment of the Human Rights Act, which has incorporated the European Convention on Human Rights into UK domestic law. But this anniversary will be marked by continued uncertainty about the future operation of the Convention in the UK. 

The relationship of the UK with the European Court of Human Rights has become highly contentious in recent years, with the Strasbourg Court’s decisions on prisoners’ rights, whole life tariffs, deportation of foreign suspected terrorists and the action of UK military forces abroad generating fierce criticism from the tabloid press and even from (the Conservative-minded part of) broadsheet press (The Telegraph has characteristically called Strasbourg ‘the toxic European Court of Human Rights’). The April 2015 Conservative Party Manifesto contained the pledge to repeal the Human Rights Act and replace it with a new British Bill of Rights. The 2017 Conservative Party Manifesto adopted a more nuanced, but equally hostile, approach to the ECHR:

“We will not repeal or replace the Human Rights Act while the process of Brexit is underway but we will consider our human rights legal framework when the process of leaving the EU concludes. We will remain signatories to the European Convention on Human Rights for the duration of the next parliament”.

The Goldsmiths Law – Knowing Our Rights symposium at the British Academy will interrogate the UK government’s ECHR narrative that risks reducing human rights into commodities with a ‘use-by date’.

To provide a reliable, evidence-based, counterpoint, the symposium will adopt an article-by-article analytical framework that will seek to identify the Convention’s effect on UK domestic law; positive, negative or neutral?

The symposium will bring together academics from different disciplines, human rights experts, barristers, judges, Parliamentarians and third sector experts.

Presentations will include analysis on:

• the right to life;
• the habeas corpus’ application to cases involving life sentence prisoners, those detained on grounds of mental health, and, more recently, those detained as terrorist suspects;
• what Article 8 has done for privacy, and why this is at the root of the press’s hatred of the ECHR;
• the Convention’s effect on sexual orientation equality;
• the right against torture;
• the Court’s rich jurisprudence on fair trial rights and UK backtracking on suspects’ rights;
• the reverse question, of ‘what has the UK done for the ECHR’.

This symposium is taking place in the context of the Goldsmiths-based Knowing Our Rights research project, which aims to provide analysis, and to deepen and increase understanding, of the application of the European Convention on Human Rights (ECHR) in the UK, based on academic scholarship and engagement with the public.

For more information on the symposium and ‘Knowing Our Rights’ contact Prof Dimitrios Giannoulopoulos at d.giannoulopoulos@gold.ac.uk

20 years of Human Rights Act

Britain in Europe Open Society Foundation Goldsmiths University