سلسله همایش های بین المللی کرامت انسانی

صفحه اصلی / سومین کنفرانس بین المللی حقوق کودک

Legal Analysis of AI-Based Discrimination Against Children: Challenges and Solutions

نویسندگان :

Sarah Seyednasseri¹

1- University Lecturer, Doctor of Dentistry and Pediatrician, Department of Dentistry, American College of Sharjah, UAE

کلمات کلیدی :

Legal Analysis،AI-Based Discrimination

چکیده :

Background and Aims: The expansion of Artificial Intelligence (AI) across various aspects of life, including education, healthcare, security, and social services, has raised significant concerns about its impact on children and potential violations of their rights. Among the most critical of these concerns is AI-based discrimination against children, manifesting in unequal access to educational, healthcare, and support services, unfair representations, and the reinforcement of negative stereotypes. Discriminations resulting from AI algorithms can lead to violations of children’s fundamental rights, particularly the right to equality and non-discrimination, the right to privacy, and the right to growth and development. This issue is especially pertinent for vulnerable children, including those with disabilities, migrant children, and children from ethnic and religious minorities. The central question of this research is how appropriate legal and policy measures can be adopted to prevent AI-based discrimination against children and guarantee their rights in this regard. The objective of this study is to conduct a legal analysis of AI-based discrimination against children and explore the associated challenges and solutions. This research aims to identify gaps in national and international legal systems and offer recommendations to improve policy-making and regulation in this domain. Method: The research methodology is descriptive-analytical, with data collected through a systematic review of legal literature, content analysis of reports from international organizations, and case studies of legal policies in selected countries. Additionally, semi-structured interviews with experts in AI, children’s rights, and social policy were conducted as part of the qualitative research approach. Finding: The findings reveal that the lack of transparency in algorithmic decision-making, biases in training data, insufficient regulations for protecting children’s data, inadequate legal frameworks for AI regulation and oversight, and the absence of meaningful participation by children and their families in algorithm design and implementation are among the primary challenges in this field. Furthermore, inconsistencies between international child rights instruments and information technology regulations, weaknesses in international monitoring mechanisms, and the lack of effective legal remedies for algorithmic discrimination are other obstacles identified in this study. Conclusion: Based on the results obtained, it is recommended that specific legal frameworks be developed for regulating and monitoring the use of AI in child-related contexts. Transparent and effective oversight mechanisms should be established to assess the impact of AI on children. Additionally, raising awareness among families and children about digital rights and providing remedies for violations of children’s rights are suggested as practical measures. The role of international organizations in establishing common standards, strengthening binding commitments for states, and supporting developing countries is also considered essential for reducing AI-based discrimination against children.