ijalr

Trending: Call for Papers Volume 6 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

ALGORITHMIC BIAS AND HUMAN RIGHTS: SAFEGUARDING EQUALITY IN AGE OF AI – Janaan Naseeb Mulamparambil & Adiba Khan

ABSTRACT

The digital landscape is at the juncture of intersection with human rights violation. The world has come to the point where humans have entered to the arena of algorithmic surveillance. Slowly and gradually the algorithmic bias has seeped into fourth generational human right concern. The ideologies and perspectives a person possess is scrutinized under political will and undermined by shadow banning. The right to expression and right to privacy are curtailed by algorithmic scrutinization. From employment sectors to criminal justice enforcement mechanisms, the rampant use of biased data could be traced. This has reached to the extent that Kerala High Court in India had to emphasis the judicial officers not to use digitalized mechanisms for judicial purposes. Question of equality is to be raised when traditionally biased data and information are used as sole basis for inspection of criminal behaviors among the marginalized sections of society. The gender-based discrimination is also a gross violation of human rights under digital surveillance model algorithm. The values and rights protected under various conventions are at stake when algorithm is politicized and biased. The paper aims to highlight the major violation of human rights and equality concerns that have to be addressed in light of algorithmic bias. Need of the hour is to attain the balanced approach that adopt algorithm-based technology and human centric perspective ensuring human rights and equality.

INTRODUCTION

In the world of technology, one may face infringement of rights at various levels. The arbitrariness and inequality are rampant. While AI promises efficiency and innovation it also raises significant concerns about fairness particularly in the form of algorithmic bias. Algorithmic bias occurs when automated systems produce prejudiced outcomes that disproportionately disadvantage certain groups based on race, gender, ethnicity, or other protected characteristics. There are instances where normal citizen handled Instagram accounts are getting shadow banned for posting about certain topics. When the war happens and the world countries wants the people to believe in a political propaganda then the main tool that they use is algorithm. Protecting human rights in the age of AI demands a critical examination of how algorithms are designed, deployed, and regulated. Without adequate safeguards algorithmic bias risks increase and amplifying existing social inequalities. This undermines the principles of justice and equal treatment enshrined in international human rights law and domestic constitutions. These problems matter because they take away people’s dignity and equality. They can make discrimination worse based on things like race, gender, caste, or how much money someone has often without anyone noticing. When important decisions about housing, healthcare, jobs, or freedom are made by machines it becomes harder to spot or fight unfairness.

Today AI affects many parts of our lives so dealing with algorithmic bias isn’t just a tech problem it is about protecting human rights. We need to ask how can we make sure these systems are fair to everyone? How do we protect those who might be hurt by automatic discrimination?