Justice Matters: An International AI Bill of Human Rights
Carr Center for Human Rights Policy, Harvard Kennedy School
Release Date: March 2, 2026
Host: Mathias Risse
Guest: Prof. Yuval Shany, Hersch Lauterpacht Chair in International Law
Duration: ~34 min

Episode Overview

This episode examines the urgent intersection of artificial intelligence (AI) and human rights, focusing on Prof. Yuval Shany’s timely proposal for an International AI Bill of Human Rights. Host Mathias Risse and Prof. Shany unpack the transformative potential and risks of AI, the (in)adequacy of existing legal frameworks, and the prospects—practical and political—for meaningful, rights-based governance of AI worldwide.

Key Discussion Points & Insights

1. The Transformative Impact of AI on Human Rights

[00:00–04:52]

• AI as Opportunity and Threat:
  • Host Mathias Risse opens by noting AI’s profound effect on every sphere—work, education, governance ([00:00]).
  • AI can advance rights (health, safety, education) but also threatens equal treatment and privacy, with new challenges of opacity and accountability.

2. Prof. Yuval Shany’s Background and Perspective

[01:56–04:05]

• Human Rights Expertise:
  • Prof. Shany outlines his decades-long work in international law, serving on the UN Human Rights Committee, and pivot to the interplay between tech and rights.
  • "After two terms on the [UN] committee, I did reorient much of my research to deal with this interplay between human rights and new technology... an area which is both extremely significant going forward, but also lacking in legal regulation." (Yuval Shany, [03:31])

3. Positive Contributions of AI to Human Rights

[04:31–07:37]

• Enhancing Rights Realization:
  • AI’s potential to improve health outcomes, workplace safety, and education—possibly creating a positive duty for states to make AI accessible.
  • AI helps civil society and oversight organizations monitor rights violations, identify trends, and increase judicial efficiency.
  • "At some point in time... there may be a positive duty on states to render AI services accessible to individuals." (Yuval Shany, [05:40])
  • Emphasizes that AI need not be inherently catastrophic for rights if managed responsibly.

4. Major Risks and Human Rights Challenges of AI

[07:39–11:41]

• Technology as Disruption:
  • Shifting critical human functions to AI raises concerns: will established legal protections (safety, legality, responsibility) be “migrated” or lost in translation?
  • The “black box” issue: opacity and lack of explainability undermine the ability to contest or seek redress for AI-mediated decisions.
  • Profound social consequences as machine-human interactions replace human-human relationships.
  • "The epistemic problem... could block the gateway to effective human rights protection across the board." (Yuval Shany, [10:26])

5. Why an International AI Bill of Human Rights?

[11:41–17:22]

• Gaps in Current Treaties:
  • Existing human rights treaties are analog-era artifacts: state-centric, individual-victim focused, not attuned to private power or systemic, diffuse harms.
  • New rights instruments typically originate as “soft law” declarations before hardening into treaties (cf. Disabilities Convention, Business and Human Rights Declaration).
  • "To put it bluntly, [the current system] is not fit for purpose for the kind of changes that we are confronting." (Yuval Shany, [13:33])
  • A proposed AI Bill of Human Rights would serve as non-binding, globally resonant guidance—articulating dignity, equality, liberty, solidarity for the AI era.

6. What Would the AI Bill of Rights Contain?

[17:22–23:47]

• Sample Rights Explained:
  • Algorithmic Bias and Fairness:
    • Updating nondiscrimination to address biased data, perpetuation of inequality, and the risk of proxies (e.g., zip code as stand-in for race).
    • "It's very easy for AI systems to circumvent [intentional discrimination bans] by looking at what appear to be neutral criteria." (Yuval Shany, [21:21])
  • Right to a Human Decision (“Opt-Out”):
    • Proposing a right not to be solely subject to automated decisions, or, at minimum, appeal to a human—preserving dignity and offering a safeguard against dehumanized treatment.
    • "The sensation according to which you are being examined by an algorithmic machine... could be experienced by many people as fundamentally dehumanizing." (Yuval Shany, [22:59])
    • Recognizes diversity of user preference: some may prefer algorithmic decisions, but rights frameworks should guarantee meaningful choice.

7. The Political Landscape & Realistic Next Steps

[26:25–32:17]

• Global Momentum and US Retreat:
  • Risse notes the brief window for global cooperation on AI safety snapped shut after the 2024 US presidential election—now the US prioritizes 'AI opportunity' over shared regulation.
  • Prof. Shany observes that, despite US softening, other major powers (EU, Japan, Korea, Italy, Taiwan, even China) are legislating on AI.
  • Argues for soft law as an interim, internationally pluralist approach, enabling companies and governments to “demonstrate trustworthiness.”
  • "Human rights are not, would not deprive AI systems or AI companies of opportunities. They would actually create new opportunities... to demonstrate that the products that they are marketing are trustworthy." (Yuval Shany, [30:04])
  • Notes current “headwinds” but points to midterm election cycles as possible pivot points for renewed US/global engagement.

8. Deeper Reflections on Reinventing Human Rights

[32:42–34:01]

• A Time for Foundational Re-examination:
  • Prof. Shany: The AI revolution forces a return to deep questions—what does dignity mean when machines shape our choices? What is humane treatment, liberty in a nudged world?
  • "It forces us to think about the foundations of human rights law and... what does it mean to enjoy human dignity, what does it mean to be humanely treated..." (Yuval Shany, [32:53])
  • He frames this as both a future-oriented and historical exercise—reinvigorating human rights for a mechanized era.

Notable Quotes & Memorable Moments

• "The epistemic problem... could block the gateway to effective human rights protection across the board."
  — Prof. Yuval Shany ([10:26])
• "To put it bluntly, [the current system] is not fit for purpose for the kind of changes that we are confronting."
  — Prof. Yuval Shany ([13:33])
• "The sensation according to which you are being examined by an algorithmic machine... could be experienced by many people as fundamentally dehumanizing."
  — Prof. Yuval Shany ([22:59])
• "Human rights are not, would not deprive AI systems or AI companies of opportunities. They would actually create new opportunities... to demonstrate that the products that they are marketing are trustworthy."
  — Prof. Yuval Shany ([30:04])
• "It forces us to think about the foundations of human rights law and... what does it mean to enjoy human dignity, what does it mean to be humanely treated..."
  — Prof. Yuval Shany ([32:53])

Timestamps for Major Segments

• 00:00–01:56 — Introduction & episode framing
• 01:56–04:05 — Prof. Shany’s background and research focus
• 04:31–07:37 — Opportunities: AI’s positive human rights impact
• 07:39–11:41 — Challenges: AI threats to rights & types of disruption
• 11:41–17:22 — Why an International AI Bill of Human Rights?
• 17:22–23:47 — Concrete proposals: bias/fairness, human decision rights
• 23:47–26:25 — Public responses and attitudes to human-in-the-loop proposals
• 26:25–32:17 — Politics: prospects for adoption in current world climate
• 32:42–34:01 — Closing reflections on human rights foundations for the AI era

Summary

Justice Matters delivers a nuanced, deeply informed conversation between Mathias Risse and Yuval Shany on whether humanity can—and must—forge new rights frameworks to safeguard dignity, equality, and agency in the algorithmic age. The urgency of an International AI Bill of Human Rights emerges not as speculative but as vital, even as political realities present formidable obstacles. Both philosophical and practical, the dialogue bridges legal history, present-day policy, and the ethical “rewiring” that AI demands of our global human rights community.