Cultural Rights and the Rights to Development in the Age of AI: Implications for Global Human Rights Governance

Cultural rights and the right to development are essential norms within the wider framework of international human rights law. However, recent technological advances in artificial intelligence (AI) and adjacent digital frontier technologies pose significant challenges to the protection and realization of these rights. This owes to the increasing influence of AI systems on the creation and depiction of cultural content, affect the use and distribution of the intellectual property of individuals and communities, and influence cultural participation and expression worldwide. In addition, the growing influence of AI thus risks exacerbating preexisting economic, social and digital divides and reinforcing inequities for marginalized communities. This dynamic challenges the existing interplay between cultural rights and the right to development, and raises questions about the integration of cultural and developmental considerations into emerging AI governance frameworks. To address these challenges, the paper examines the impact of AI on both categories of rights. Conceptually, it analyzes the epistemic and normative limitations of AI with respect to cultural and developmental assumptions embedded in algorithmic design and deployment, but also individual and structural impacts of AI on both rights. On this basis, the paper identifies gaps and tensions in existing AI governance frameworks with respect to cultural rights and the right to development. By situating cultural rights and the right to development within the broader landscape of AI and human rights, this paper contributes to the academic discourse on AI ethics, legal frameworks, and international human rights law. Finally, it outlines avenues for future research and policy development based on existing conversations in global AI governance.