Possible Elements of a Legal Framework on Artificial Intelligence, Based on the Council of Europe’s Standards on Human Rights, Democracy and the Rule of Law

The CAHAI Elements Paper was drafted to outline the structure and substance of a potential Council of Europe legal instrument on AI, translating the 2020 Feasibility Study into concrete normative proposals. It recommends a legally binding transversal instrument based on a risk-proportionate approach, ensuring AI systems comply with human rights, democracy, and rule of law principles. Core elements include definitions, risk classification (with “unacceptable risk” categories), safeguards such as transparency, accountability, and human oversight, as well as provisions for public-sector AI, democratic integrity, and impact assessments (HUDERIA). These proposals directly informed the drafting of the Framework Convention on AI and Human Rights, Democracy and the Rule of Law (CETS 225), marking a decisive step from feasibility to treaty formulation.