10
by reference to dignity, freedoms, equality and solidarity, citizens’ rights and justice. The common foundation that
unites these rights can be understood as rooted in respect for human dignity – thereby reflecting what we describe
as a “human-centric approach” in which the human being enjoys a unique and inalienable moral status of primacy in
the civil, political, economic and social fields.
17
While the rights set out in the EU Charter are legally binding,
18
it is important to recognise that fundamental rights
do not provide comprehensive legal protection in every case. For the EU Charter, for instance, it is important to
underline that its field of application is limited to areas of EU law. International human rights law and in particular
the European Convention on Human Rights are legally binding on EU Member States, including in areas that fall
outside the scope of EU law. At the same time, fundamental rights are also bestowed on individuals and (to a
certain degree) groups by virtue of their moral status as human beings , independently of their legal force.
Understood as legally enforceable rights, fundamental rights therefore fall under the first component of
Trustworthy AI (lawful AI), which safeguards compliance with the law. Understood as the rights of everyone, rooted
in the inherent moral status of human beings, they also underpin the second component of Trustworthy AI (ethical
AI), dealing with ethical norms that are not necessarily legally binding yet crucial to ensure trustworthiness. Since
this document does not aim to offer guidance on the former component, for the purpose of these non-binding
guidelines, references to fundamental rights reflect the latter component.
2. From fundamental rights to ethical principles
2.1 Fundamental rights as a basis for Trustworthy AI
Among the comprehensive set of indivisible rights set out in international human rights law, the EU Treaties and the
EU Charter, the below families of fundamental rights are particularly apt to cover AI systems. Many of these rights
are, in specified circumstances, legally enforceable in the EU so that compliance with their terms is legally
obligatory. But even after compliance with legally enforceable fundamental rights has been achieved, ethical
reflection can help us understand how the development, deployment and use of AI systems may implicate
fundamental rights and their underlying values , and can help provide more fine-grained guidance when seeking to
identify what we should do rather than what we (currently) can do with technology.
Respect for human dignity. Human dignity encompasses the idea that every human being possesses an “intrinsic
worth”, which should never be diminished, compromised or repressed by others – nor by new technologies like AI
systems.
19
In this context, respect for human dignity entails that all people are treated with respect due to them as
moral subjects, rather than merely as objects to be sifted, sorted, scored, herded, conditioned or manipulated. AI
systems should hence be developed in a manner that respects, serves and protects humans’ physical and mental
integrity, personal and cultural sense of identity, and satisfaction of their essential needs.
20
Freedom of the individual. Human beings should remain free to make life decisions for themselves. This entails
freedom from sovereign intrusion, but also requires intervention from government and non -governmental
organisations to ensure that individuals or people at risk of exclusion have equal access to AI’s benefits and
opportunities. In an AI context, freedom of the individual for instance requires mitigation of (in)direct illegitimate
coercion, threats to mental autonomy and mental health, unjustified surveillance, deception and unfair
manipulation. In fact, freedom of the individual means a commitment to enabling individuals to wield even higher
control over their lives, including (among other rights) protection of the freedom to conduct a business, the
freedom of the arts and science, freedom of expression, the right to private life and privacy, and freedom of
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It should be noted that a commitment to human -centric AI and its anchoring in fundamental rights requires collective societal
and constitutional foundations in which individual freedom and respect for human dignity is both practically possible and
meaningful, rather than implying an unduly individualistic account of the human.
18
Pursuant to Article 51 of the Charter, it applies to EU Institutions and to EU member states when implementing EU law.
19
C. McCrudden, Human Dignity and Judicial Interpretation of Human Rights, EJIL, 19(4), 2008.
20
For an understanding of “human dignity” along these lines see E. Hilgendorf, Problem Areas i n the Dignity Debate and the
Ensemble Theory of Human Dignity, in: D. Grimm, A. Kemmerer, C. Möllers (eds.), Human Dignity in Context. Explorations of a
Contested Concept, 2018, pp. 325 ff.