Title: Balancing potential and risks: a critical examination of AI's impact on human rights and legal frameworks in the EU, USA and India

Authors: Gunjan Gupta; Taniya Malik

Addresses: Campus Law Centre, Faculty of Law, University of Delhi, India ' Maharaja Surajmal Institute, New Delhi, 110058, India; Affiliated to: Guru Gobind Singh Indraprastha University, India

Abstract: Artificial intelligence (AI) has the potential to transform society, from healthcare to transportation. However, the rapid advancement of AI technology also poses significant risks to human rights. This paper examines the impact of AI on human rights, with a focus on its implications for society, law, and ethics. It scrutinises specific human rights concerns, such as discrimination, surveillance, and job displacement, and integration of AI in the criminal justice system. Further, it investigates the challenges posed by AI-driven technologies to Indian human rights law and compares it to the legal frameworks of the EU and the USA. The paper employs doctrinal research methodology using analytical, critical, and comparative legal research tools to identify the challenges, implications, gaps, and loopholes in the legal frameworks under study. This paper highlights the need for a balanced approach to AI development that ensures the protection of human rights while leveraging AI's societal benefits.

Keywords: artificial intelligence; AI; human rights law; automated decision-making; ADM; algorithms; big data; ethical concerns and bias; USA; India.

DOI: 10.1504/IJHRCS.2025.147392

International Journal of Human Rights and Constitutional Studies, 2025 Vol.12 No.3, pp.259 - 279

Received: 24 Oct 2023
Accepted: 29 Oct 2023
Published online: 15 Jul 2025 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article