Expert Opinion on Children’s Rights and Artificial Intelligence (AI)

The German Children’s Fund commissioned the HBI to prepare a legal opinion analyzing the EU AI Regulation’s relevance to children’s rights. The opinion also sets out initial steps for an advocacy strategy to ensure children’s rights are better taken into account when implementing the regulation.

Cover of an expert opinion by Dr. Stephan Dreyer on the AI Regulation and children's rightsIn his expert opinion, “The AI Regulation, Its Relationship to Children’s Rights in the Digital Space, and Options for Advocacy Approaches,” media law expert Dr. Stephan Dreyer examines how the children’s rights enshrined in the EU Charter of Fundamental Rights are addressed in the regulation. The opinion identifies gaps in the regulation with regard to children’s rights. Dr. Dreyer demonstrates how children’s rights have remained invisible in the AI Regulation thus far and explains why this represents a structural problem for implementing children’s rights guarantees in conjunction with the Regulation’s product safety approaches.

Click here to access “Die KI-Verordnung, ihr Verhältnis zu Kinderrechten im digitalen Raum und Optionen für Advocacy-Zugänge” [The AI Regulation, Its Relationship to Children’s Rights in the Digital Space, and Options for Advocacy Approaches]. The publication is only available in German.

The expert opinion provides a framework that can strengthen the role of children in a world dominated by AI. NGOs and institutions can use it to better take children’s rights into account in AI regulation.

Artificial Intelligence in Children’s Lives

Since the release of ChatGPT, AI has shaped children’s everyday lives. For example, it is used as a supposed homework helper or conversation partner. However, its use also comes with risks. Not all information generated by AI is accurate. Generated responses can reinforce prejudices and sometimes respond to problematic prompts. In the wrong hands, AI can create abusive content, facilitate blackmail and fraud via social media, and provide tips on self-harm.

The EU AI Regulation

On August 1, 2024, the European Regulation on Artificial Intelligence came into force. The regulation is based on a risk-based approach, setting different requirements for AI models depending on the level of risk associated with using the technology. The focus is on the obligations of the EU Charter of Fundamental Rights and, in connection with this, the rights of children.

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RP 2 Regulatory Structures and the Emergence of Rules in Online Spaces

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