A Common Ground for Human Rights, AI, and Brain and Mental Health

Abstract

This chapter addresses the current and future challenges of implementing artificial intelligence (AI) in brain and mental health by exploring international regulations of healthcare and AI, and how human rights play a role in these regulations. First, a broad perspective of human rights in AI and human rights in healthcare is reviewed, then regulations of AI in healthcare are discussed, and finally applications of human rights in AI and brain and mental health regulations are considered. The foremost challenge in the blending and development of regulations of AI in healthcare is that currently both AI and healthcare lack accepted international-level regulation. It can be argued that human rights and human rights law are for the most part internationally accepted, and we can use these rights as guidelines for global regulations. However, as philosophical and ethical environments vary across nations, subsequent policies reflect varying conceptions and fulfillments of human rights. Like human rights, the recognized definitions of “AI” and “health” can vary across international borders and even vary within the professions themselves. One of the biggest challenges in the future of AI in brain and mental health will be applying human rights in a practical manner. Initially, the thought of applying human rights in the development of AI in healthcare seems straightforward. In order to develop better AI, better healthcare and, thus, better AI in healthcare, one must simply respect the human rights that are granted by various declarations, covenants, and constitutions. This is so seemingly straightforward that one would think this has already been the case in these developing fields. However, as we explore this notion of applying human rights, we find agreement, disagreement, and variability on a global scale. It is these variabilities that may well hamper the ethical development of AI in brain and mental health internationally.