Private Law Research Articles

Positive Obligations to Retrofit Buildings with Third-Party Effect under Private Law as an Instrument of Public Climate Policy

Abstract When incentives fail to encourage enough owners to make their buildings climate-proof, the State has to impose obligations to retrofit buildings if climate targets are to be reached. This contribution examines whether the State can employ obligations based upon agreement with third-party effect, to enforce higher energy-efficiency standards for buildings and an improved energy mix. It presents and compares the responses to two cases from eleven European jurisdictions. It shows that the majority of examined jurisdictions will allow for the State to impose positive obligations with third-party effect through a burden registered in favour of the State or a property right for the buyer. Only Dutch law would be likely to invalidate the obligation because the obligation circumvents public-law safeguards. A minority of the examined jurisdictions would not allow for a burden with positive obligations as its main content.

PRIVATE-LAW APPROACH TO THE DEFINITION OF THE MILITARY-INDUSTRIAL COMPLEX IN THE IMPLEMENTATION OF INVESTMENT ACTIVITY

Within the framework of the presented work, the concept of the military-industrial complex is studied from the perspective of the theory of investment law, current investment legislation and special regulatory requirements related to this area. In the doctrine of Russian jurisprudence, there are opposing points of view regarding the definition of the military-industrial complex. Some authors reduce it exclusively to the fulfillment of the state defence order, which is neither a correct formulation, since the state defence order is an integral part of the military-industrial complex, nor its entire component. Other researchers, on the contrary, interpret the military-industrial complex too broadly and include the Russian Ministry of Defence and its institutions, military units, etc. The article concludes that the military-industrial complex has special distinctive (qualifying) features in certain aspects of its private law regulation.

Redefining equality in European contract law: protecting consumer interests in a post-consumer society

Abstract Consumers have in law been defined as the weaker parties in a transaction. Contract laws have integrated consumer protection with a view to balancing the interests of the parties, ensuring equal bargaining power and to some extent substantive fairness in contractual relations. Rules of consumer protection have therefore, from a contract lawyer’s perspective, been construed as expressions of a general principle of equality. The principle of equality, conceived in this way, complements the general principle of autonomy underlying contract law, which embodies the idea that parties should have the capacity for self-realisation. Does this construction of consumer contract law still hold in EU consumer markets transformed by the rise of online platforms and the overall move towards an economy based on services and experiences rather than the sale of physical goods? Or do we need to redefine the ways in which the principle of equality is expressed in European contract law in order to correct for new inequalities arising between consumers and businesses? This article aims to answer that question against the backdrop of established insights of the ways in which the rationality of European contract law differs from that of national, doctrinal private law systems. It concludes that the rules laid down in instruments such as the Unfair Commercial Practices Directive (UCPD) and the Unfair Contract Terms Directive (UCTD) can protect consumers against exploitative practices. However, problems arise in cases where the interest at stake go beyond economic interests and concern also non-economic interests, such as data protection or freedom of expression, or do not have a market exchange value. Solutions can be pursued, it is submitted, by the European legislator and the European Court of Justice, potentially using the EU Charter of Fundamental Rights as a catalyst for reform.

Public administration bodies in the sphere of health protection of Ukraine

Purpose. The purpose of the work is to study the current state of the activities of state bodies, which, according to their functional powers, are called to ensure the fulfillment of state tasks in the field of health care of Ukraine. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: logical-semantic, comparative-legal, system-structural and statistical, analysis and synthesis. The results. In the process of research, the system of public administration bodies in the sphere of health care of Ukraine is outlined. The author emphasizes that among a significant number of public and private law bodies which are designed to ensure the realization of the right of citizens to healthcare in Ukraine, the key subjects of administrative and legal regulation of relations in the healthcare sector are executive authorities and their officials. Without diminishing the role of private law entities, it is worth emphasizing that it is the executive authorities, as public law entities, which are entrusted with the main tasks of ensuring and practical implementation of administrative and legal regulation of the citizen’s right to healthcare. The author emphasizes that a significant number of subjects of administrative law can be attributed to public administration bodies in the field of healthcare in Ukraine. The author emphasizes that in the doctrine of administrative law, in addition to the category of “public administration”, such categories as “public management” and “public administration” are used, and there are also different points of view regarding their definition and correlation. The author analyzes the scientific opinions on the category of “public administration” and the activities of public administration entities in the healthcare sector. Bodies of special sectoral competence have been established, as well as the fact that the State Service of Ukraine for Food Safety and Consumer Protection is an interdisciplinary subject of public administration in the field of health care. Practical significance. The results of the study can be used in the scientific and research field – as a basis for further research related to the improvement of the activities of public administration bodies in the field of health care, in law enforcement activities – to improve the practical activities of subjects ensuring the implementation of the right to health care.

The Role of Social Media in Influencing Juvenile Delinquent Behavior

This research project examines the influence of social media on juvenile criminal behaviour. The popularisation and rapid development of the Internet and social media have had a significant impact on the lifestyles, social patterns and psychological states of adolescents. This research project examines the potential influence of social media on adolescent behaviour from a multi-disciplinary perspective, encompassing the fields of psychology, sociology and communication. The research methodology involved a comprehensive literature review and a case study, which were used to collate and analyse a substantial corpus of data and information pertaining to the relationship between social media use and juvenile delinquency. It is possible that social media may precipitate juvenile delinquency, whilst simultaneously offering a forum for the exchange of information, emotional support and social interaction. The dissemination of misinformation, the occurrence of cyberbullying, and the prevalence of privacy breaches on social media may have a deleterious effect on juveniles, thereby increasing their susceptibility to engage in delinquent activities. Furthermore, this paper puts forth recommendations for the effective governance of social media platforms in a business context, with the objective of preventing and reducing juvenile delinquency.

La internacionalización del derecho civil de contratos

"Globalization," "globality," "harmonization," and "integration" are concepts characteristic of the early 20th century that, in the legal sphere, have gained increasing relevance, especially in relation to Contract Law. But what do these notions mean in this context? And what effects are these phenomena generating?Internationalization, harmonization, and integration are reflected in legislation, particularly in the fact that the harmonization of private law has become a significant trend within the international community. In this regard, the international harmonization of contract law represents one of the most dynamic and productive fields of private law today.From the perspective of contract law development, instruments such as the UNIDROIT Principles of International Commercial Contracts and the United Nations Convention on Contracts for the International Sale of Goods are increasingly being adopted. These frameworks are used by parties in international transactions as governing law and are applied by arbitration institutions as general rules in global trade contexts.In this sense, both the Contract Law of China and the Contracts Section of the Chinese Civil Code are rooted in a solid practical experience derived from Chinese commercial transactions. At the same time, they incorporate legislative advances from foreign laws and adopt a broad international perspective. These legal instruments reflect distinctively Chinese characteristics while incorporating contemporary elements, positioning themselves as an example of civil law adapted to the era of globalization.

Unusual Standard Terms of Contract

The protection of contractual equality is of great importance within the private law framework, as its violation will lead to a breach of contractual fairness. To avoid such a result, civil legislation limits freedom of contract and sets a reasonable scope for participating parties, thus, taking a step towards the restoration of contractual equality and justice. As an example, we can cite a contract with standard terms. The main prerequisite for limiting freedom of contract is content control when intervention (influence) occurs directly in the content of the contract. In case of standard terms, the intervention is aimed at limiting the content of multiple-use contracts. Therefore, the realization of freedom of contract in the same dose, as it is possible in other cases, does not take place under standard terms. The principle of private law - everything that is not prohibited by the law is allowed, is applied to standard terms in a limited manner, which reinforces the need to control the content and the scope of its existence. The subject of the research is not the standard terms of the contract in general; rather the unusual provisions of the standard terms of the contract provided for in Article 344 of the Civil Code of Georgia (hereafter CCG), which is "negative control of inclusion in the contract" and, accordingly, the correction of the result according to which the term "by itself" would have been valid if it were not unusual.

Readiness of the graduates’ of Library and Information Activities Departments for open science facilitation

The structure of scientific process adapting to the open science concept has been intensively changing. The libraries and librarians are to be the key actors in this process. Within the scope and differentiation of librarian and bibliographer competences for open science support, the competences may be divided into several key vectors: methodological support, analysis, and popularization of open science. While the issues of methodological support and analytics for open science have been well developed in the professional literature, the author aims at formulating the competences and assessing the readiness of new librarians for open science popularization. Based on the existing practice, the author defines the relevant skills and formulates four competences (and related knowledge and skills indicators): 1) orientation in open science trends; 2) organization of civil science activities, social partnerships and observance of legal standards in copyright, related rights, and privacy laws; 3) readiness for organizing educational events on science and civil science projects, for creating and disseminating the content to clarify the open science principle for various community groups; and 4) understanding and reproducing modern forms and methods of open science popularization. Based on the Federal State Educational Standard 51.03.06 “Library Information Activities” and academic curricula, the essential competences are formulated. The author also discusses the findings of the survey “The competences of librarians for open science development” conducted by Research Department of SB RAS State Public Scientific and Technological Library among 4th year students of Specialty 51.03.06 “Library Information Activity” in 2024. The obtained results evidence that the students apprehend the communicative component and, to some degree, social orientation of open science. They are also ready for holding educational events and disseminating content revealing the open science principles. However, they have difficulties with civil science efforts, social partnership and valid legal standards in copyright and related rights, as well as with the delivery of communicative components and social orientation of open science. To eliminate the above mentioned problems, based on the survey results, the free short training course has been developed and development of the enhanced program has begun.

Book Review: Anne-Christin Mittwoch, Nachhaltigkeit und Unternehmensrecht, Schriften zum Unternehmens - und Kapitalmarkrecht 107, TÜBINGEN (MOHR SIEBECK) 2022.

The increasing acknowledgment that economic development is constrained by planetary boundaries, coupled with heightened societal awareness of climate change, places the transition to a sustainable economy at the forefront of today’s global political agendas. International climate policy commitments such as the Paris Climate Agreement and the UN 2030 Agenda for Sustainable Development are shaping the global trajectory of sustainability policy. In the European Union (EU), alongside treaty-based obligations (Art. 3 TEU), the European Green Deal, with its climate neutrality commitment, is laying the groundwork for this transformative change. Recognizing that a sustainable reorientation of the economy necessitates a shift in economic behavior, there is an increasing understanding that companies must play a central role in pursuing sustainability objectives. While public law instruments, such as direct regulatory controls on emissions, have a longstanding tradition of regulating commercial activity, the emerging discourse increasingly emphasizes the role of private law in fostering sustainable business conduct. The monograph "Nachhaltigkeit und Unternehmensrecht" (Sustainability and Company Law), authored by Anne-Christin Mittwoch, substantially contributes to this discussion by exploring to what extent company law is capable of facilitating sustainability objectives.

Unmasking inequalities of the code: Disentangling the nexus of AI and inequality

This article provides an interdisciplinary exploration of the complex dynamics between artificial intelligence (AI) and inequality, drawing upon social sciences and technology studies. It scrutinises the power dynamics that shape the development, deployment, and utilisation of AI technologies, and how these dynamics influence access to and control over AI resources. To do so, we employ Margaret Archer's social realism framework to illuminate the ways in which AI systems can reinforce various forms of inequalities. This theoretical perspective underscores the dynamic interplay between social context, individual agency, and the processes of morphostasis and morphogenesis, offering a nuanced understanding of how inequalities are reproduced and potentially transformed within the AI context. We further discuss the challenges posed by the access and opportunity divide, privacy and surveillance concerns, and the digital divide in the context of AI. We propose co-ownership as a potential solution to economic inequalities induced by AI, suggesting that stakeholders contributing to AI development should have significant claims of ownership. We also advocate for the recognition of AI systems as legal entities, which could provide a mechanism for accountability and compensation in cases of privacy breaches. Finally, we conclude by emphasising the need for robust data governance frameworks, global governance, and a commitment to social justice in navigating the complex landscape of AI and inequality.

Privacy Breaches and the Effect of Customer Notification

Laws requiring firms to disclose privacy breaches to their customers have been adopted extensively worldwide. However, the manner in which these laws affect the security protection behavior of firms disclosing a data breach is poorly understood. To shed light on this issue, we leveraged institutional theory and examined how U.S. state data breach notification laws (DBNLs), under which firms must notify customers of personal information breaches, influenced firm-level incidence of security breaches and how such influence manifested heterogeneously across firms. Exploiting the staggered enactments of DBNLs in a difference-in-differences analysis, we found that firms experienced a significant reduction in data breach incidents after the implementation of DBNLs. This effect was more pronounced among firms that were more reliant on sensitive customer data, operated in stricter privacy protection environments, or held more intangible and digital assets. We document evidence that compared to firms not subject to DBNLs, firms subject to these laws are more likely to appoint IT-specialized executives and remediate IT-related internal control weaknesses, which suggests potential channels that may facilitate DBNLs’ curbing of data breaches. We also found that the reduction in breach incidences following DBNL-mandated disclosure policies relates to both endogenous breaches and exogenous cyberattacks.

Mapping the landscape of government data breaches: A bibliometric analysis of literature from 2006 to 2023

Data breaches in the government sector are severe threats to cybersecurity and illegal acts that flagrantly violate security and privacy laws. It undermines public trust in government data management. Unlike breaches in other sectors, these incidents can have far-reaching consequences and the potential to cause significant damage to governance and national security. This field has experienced rapid growth in recent years, which means an increase in urgency to address this challenge. This study conducted a bibliometric analysis to evaluate the scientific landscape of government data breaches. It analysed 107 articles published from 2006 to 2023 from the Scopus database. The key findings highlighted trends in scientific production, the most cited articles, country contributions, co-occurrence networks, thematic evolution, and factorial analysis. Ransomware has become one of the biggest challenges in cybersecurity, especially for governments. The use of increasingly sophisticated zero-day attack techniques makes it difficult for law enforcement to track the digital footprints of perpetrators. The regulations on data protection remain inadequate and require improvement. The existing legal framework is not strong enough to reduce data breaches in cyberspace. Therefore, to deal with cyber threats, such as ransomware, cyber risk management is essential and using cloud computing raises new challenges and opportunities in cybersecurity. These findings contribute to future research and practice as guidance for policymakers, system developers, researchers, and practitioners in improving cybersecurity protocols and shaping government regulations and policies.

Self-Regulation as an Alternative Mechanism of Private Governance and Dispute Resolution in Russia and Kazakhstan

The article seeks to explore self-regulation as an innovative, effective legal mechanism of private governance of any economic or professional activity and dispute resolution, which aims to substitute state regulation and thereby limit state interference in the economy. The research methodology consists of the critical analysis of scholars’ publications, different legislative acts and judicial practice of their enforcement in the Russian Federation and the Republic of Kazakhstan as well as finding legal uncertainties and gaps and making solutions for their settlement in the sphere in question. Special attention is paid to the comparative method. On the examples of the law of these two countries, it is argued that self-regulation as such lays down the freedom of economic activity guaranteed in the constitutional, business and other legislative provisions and stipulates uniting the subjects of economic or professional activity within a self-regulatory organization mainly under the scope of corporate law. It includes (a) setting standards and other rules for pursuing any economic or professional activity by members of a self-regulatory organization; (b) monitoring compliance with such requirements and applying different alternative methods of resolution of legal disputes with the participation of its members. Such corporate normative acts adopted by non-governmental actors are suggested to be recognized as a specific type of source of private law to be clearly enshrined in the present legislation of the Russian Federation and the Republic of Kazakhstan. Unlike recommendatory documents of most non-profit organizations, they are mandatory and can be enforced through legal instruments determined in the special legislation on self-regulation. It allows the proper balance of private and public interests under the joint state and private governance of economic and professional activities. The article also stipulates enlarging the application of self-regulation to digital and other new spheres, which require a lot of rules to be adopted.

Balancing the legal, ethical, and practical aspects of using digital health technologies in clinical research

Digital health technologies bring innovation to participants in clinical trials. They enable the collection, use, and sharing of large amounts of data for medical and scientific research purposes, which ultimately benefits patients. In the context of drug development, traditional clinical trials face significant privacy challenges due to a lack of harmonisation and diverging interpretations of privacy laws and authorities’ guidance. Given the use of digital health technologies, decentralised trials in particular have to manage an additional level of complexity. Involving technology providers increases concerns around the access, storage, and security of study data. Authorities, ethics committees, and healthcare institutions often ask for various additional or bespoke requirements that may diverge from or even conflict with each other, which can lead to unintended consequences for research initiatives and for individuals who are willing to participate in innovative clinical trials. This article outlines some legal, ethical, and practical issues as well as their consequences when using digital health technologies in the research sector.

Examining Face Recognition Technologies and Privacy: Ethical and Legal Choices

Facial recognition technologies exist in society. When they were implemented, it was not considered that the use of this technology could lead to a breach of privacy of the individual. Not all countries have specific regulations and there is no standard to determine its international feasibility. This study presents the bibliometric and content analysis of scientific production in Scopus and Web of Science. A total of 169 documents published between 2000 and 2023 were identified. It was found that the most frequently used terms are privacy, facial recognition, surveillance, and security. It was concluded that there is legal and ethical debate because there is no clear protection of human rights for the misuse of this technology.

THE LEGISLATIVE POLICY IN THE ONTEXT OF IRAQI COMMERCIAL LAWS

Generally speaking, laws and regulations are more than just rules and principles printed on papers. Every law is made for a specific purpose or a set of purposes determined by the legislator (It would be preferable to use legislature rather than legislator; in English, legislature is frequently used instead of legislator). Indisputably, this holds true for all the laws, regulations and legislations likewise, but this research has opted to take the commercial laws in Iraq as the most striking example of that. Tracing back to the time of the enactment of the 1984 law of commerce no.(30) and the other collateral laws that had been subjected to a specific legislative policy which was in core a state-oriented policy, we can get into the mainstays and pillars of those laws and dissect the legislative idea, philosophy and imprint of those who laid down the rules of those laws. Sticking to the legislative policy would reveal that the research explores the ideas, intellect and philosophy that override the whole law. Moreover, the research would scrutinize the nature of the legislative policy under the current reality of Iraqi economy. The research problem is to weigh and guess how far the legislative policy behind the Iraqi commercial laws is compatible, sufficient and suitable with the current reality of Iraqi economy ,taking into account the new legal trends and advancements in the room of commercial law. In performing the current research paper the researcher has conducted an analytical method as he opts to stick to the Iraqi legal system and just to analyze and explain the legal situation of Iraqi laws and regulations, going far beyond the formality of the relevant provisions and articles, so as to extract the features of the legislative policy latent behind them. The main findings of this research paper can be summarized in some basic points. First of all is the centrality and importance of the legislative policy and its role as an essential part of the commercial laws. Second, the legislative policy varies between the general law of commerce no. (30) of 1984 and other private commercial laws; in the former it is rater a state-oriented policy,whereas in the second it is a market-oriented policy. Third, the positivism, beside the centrality, is the main driving force of the legislative policy for the General law of commerce of 1984. Finally, Iraqi law of commerce of 1984 is marked by shortcoming and insufficiencies, and some other private laws need amendments and change. Finally we have recommended to amend the commercial acts,the sources of commercial law, and some aspects of Iraqi trademark law. In addition to that ae recommended legal revitalization of the private sector. The research has focused on how to set forth the general nature of the laws at issue and how far they could be labeled as a well-developed or underdeveloped law. In addition to that, the research has explored the adaptability of those laws under the rapid and widescale economic and legal developments throughout the world which deeply influenced Iraqi legal system.

Public and/or Private? Remedies Against the Different Decisions on Social Care Services in Hungary

Purpose: The paper examines the multi-layered remedy system in social care services in Hungary. It first analyses remedies related to the obligation of public service provision, especially remedies against normative tools for public service provision (such as decrees on fees and service standards) and the omission of duties by public bodies obliged to perform these services. A secondary focus is on remedies against the decisions and omissions by service provider institutions.Design and Approach: Hungarian legislation interprets social care services as legal relationships governed by private law with partial public law regulation. The public remedy against the decisions of the service providers is complaints, which are governed by sector-specific (public) regulations. The research examines the remedy system using legal study methods based on dogmatic analysis and involves an examination of judicial practice, namely Hungarian courts decisions on major public law remedies.Findings: Based on dogmatic and empirical analysis, the study reveals that Hungarian judicial practice has interpreted public law remedies, specifically complaints, in various ways. Following an amendment of legal regulation, the civil law-based interpretation now prevails. Although this practice has been consolidated, tensions can be observed, especially in the case of omissions.Practical implications: The paper suggests a legislative solution to mitigate these tensions, recommending that decisions establishing social care services be formalised as public decisions.Originality: The paper is based on a dogmatic analysis of the social care remedy system and, as a new element, contains an in-depth analysis of the Hungarian judicial practice on this issue.

Maribavir for refractory cytomegalovirus infection (with or without resistance) in solid organ transplant recipients: subgroup analysis of the phase 3 randomized SOLSTICE study

In the phase 3 SOLSTICE study (NCT02931539), maribavir was superior to investigator-assigned therapy (IAT) for confirmed cytomegalovirus viremia clearance at study week 8 in hematopoietic cell/solid organ transplant (HCT/SOT) recipients. We report additional efficacy and safety analyses from the SOT subgroup. Eligible solid organ transplant recipients (n=211) received maribavir 400 mg twice daily (n=142) or IAT (n=69) for 8 weeks (12 weeks' follow-up). Cytomegalovirus viremia clearance at week 8 (primary endpoint) and cytomegalovirus viremia clearance plus symptom control at the end of week 8 maintained through week 16 (key secondary endpoint) were assessed. Graft outcomes and treatment-emergent adverse events were analyzed. A higher proportion maribavir-treated patients achieved the primary endpoint than with IAT across transplant organ types, including kidney (maribavir: 59.5%, IAT: 34.4%), lung (47.5%, 13.6%), and heart (42.9%, 11.1%). Similar proportions of patients achieved the key secondary endpoint in both arms (13.4% versus 11.6%; adjusted difference: 2.4%; 95% CI: -7.05, 11.83%; p=0.620). Rates of treatment-emergent adverse events were: maribavir (96.5%), IAT (88.4%). Maribavir (3.5%) had fewer treatment discontinuations due to treatment-emergent adverse events than IAT (23.2%). There were no graft losses; patients in both arms experienced acute rejection (maribavir: 9 [6.3%]; IAT: 4 [5.8%]). Treatment-emergent maribavir mutations occurred in 28.2% of patients; 19/33 patients achieved viremia clearance with subsequent alternative treatment. Consistent with findings in the overall SOLSTICE population, this subgroup analysis of SOT recipients demonstrated greater effectiveness of maribavir for cytomegalovirus viremia clearance and fewer discontinuations due to treatment-emergent adverse events than IAT. ClinicalTrials.gov; NCT02931539 DATA AVAILABILITY STATEMENT: The datasets, including the redacted study protocol, redacted statistical analysis plan, and individual participants data supporting the results reported in this article, will be made available within three months from initial request, to researchers who provide a methodologically sound proposal. The data will be provided after its deidentification, in compliance with applicable privacy laws, data protection and requirements for consent and anonymization.

Engineering Safety and Ethical Challenges in 2045 Artificial Intelligence Singularity

Artificial intelligence (AI) has rapidly advanced, increasingly showcasing its powerful learning and computational capabilities. This progress has resulted in significant breakthroughs in areas such as image processing, speech recognition, and autonomous driving. Scientists predict that by around 2045, AI will overcome existing technological barriers, allowing strong AI to surpass human intelligence. However, it will inevitably affect human social relationships and order. Ethical issues associated with AI technology, such as unemployment, privacy breaches, and discrimination, generate a sense of threat among people, resulting in a loss of confidence in AI, which hampers its sustainable progress. Therefore, AI ethical issues are not only significant topics in academia but also become critical concerns for individuals, society, and nations. This article aims to address the challenges of AI ethics safety and the erosion of human confidence, while promoting the sustainable development of AI. It presents an AI ethics safety framework that analyzes engineering ethics and human trust within the context of sustainable AI development, and it recommends governance methods and strategies informed by case studies. Furthermore, we propose evaluation criteria and methods, establishing early-warning thresholds to keep potential AI risks within acceptable limits. Finally, the future prospects for AI ethics safety are highlighted. We hope our research contributes to the sustainable development of AI, ensuring that the arrival of the AI singularity has a positive impact on society with a long-term harmonious coexistence between AI and humanity.

The role of artificial intelligence in enhancing healthcare for people with disabilities

The integration of artificial intelligence (AI) in healthcare delivery represents a transformative opportunity to enhance the lives of people living with disabilities. AI-driven technologies, such as assistive devices, conversational agents, and rehabilitation tools, can mitigate health disparities, improve diagnostic accuracy, and facilitate effective communication with healthcare providers, fostering more equitable healthcare environments. This commentary explores these applications while addressing the ethical challenges and limitations associated with AI deployment. Specific challenges, such as algorithmic bias, privacy risks with patient data, and the complexity of designing inclusive technologies, are discussed to provide a balanced perspective. For example, biased diagnostic tools may lead to inequitable care, and privacy breaches can compromise sensitive data. Key areas of focus include personalised care through AI-powered systems, the design of inclusive AI technologies incorporating continuous feedback loops and partnerships with advocacy groups, and the development of AI-enabled robotics for physical assistance. This commentary paper emphasises the importance of addressing these limitations alongside advancing ethical AI practices and ensuring continuous user involvement to meet the diverse needs of people living with disabilities, ultimately promoting greater independence and participation in society. Consequently, while AI holds transformative potential in advancing equitable and inclusive healthcare for people with disabilities, addressing ethical challenges, overcoming limitations, and fostering user-centred design are essential to fully realise its benefits and ensure these innovations promote autonomy, accessibility, and well-being.