A Human Rights-Based Approach to Artificial Intelligence in Healthcare: A Proposal for a Patients' Rights Impact Assessment Tool

Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, and Gerd Oberleitner (eds.), European Yearbook on Human Rights 2024.

20 Pages Posted: 12 Jun 2024

See all articles by Hannah van Kolfschooten

Hannah van Kolfschooten

Law Centre for Health and Life; University of Amsterdam - Amsterdam Centre for European Law and Governance; Amsterdam Law School

Date Written: June 03, 2024

Abstract

Europe is ageing and the health workforce crisis puts the quality and availability of healthcare at risk, especially in elderly care. Artificial Intelligence (AI) solutions may alleviate the health workforce crisis and contribute to the highest attainable standard of physical and mental health for all in an ageing Europe. At the same time, however, these solutions may create new-and unforeseen-human rights challenges. Given the fragmented regulatory framework governing medical AI and the lack of sector-specific standards and implementation guidelines, it is difficult for healthcare institutions, health professionals, and informal caretakers to determine how AI can be deployed in elderly care in a manner that respects, protects, and realises the human rights of older patients. In this light, this chapter introduces the outlines of a patients' rights impact assessment (PRIA) tool for AI in healthcare. The proposed model is sector-specific and takes the form of a self-assessment questionnaire to inform decisionmaking.

Keywords: artificial intelligence, medical devices, AI, elderly care, aging, technology, healthcare, health technology, fundamental rights, impact assessment, FRIA, human rights, AI act, EU regulation, technology law, assessment, self-regulation, self-assessment, implementation

Suggested Citation

van Kolfschooten, Hannah, A Human Rights-Based Approach to Artificial Intelligence in Healthcare: A Proposal for a Patients' Rights Impact Assessment Tool (June 03, 2024).

Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, and Gerd Oberleitner (eds.), European Yearbook on Human Rights 2024.

, Available at SSRN: https://ssrn.com/abstract=4861569 or http://dx.doi.org/10.2139/ssrn.4861569

Hannah Van Kolfschooten (Contact Author)

Law Centre for Health and Life ( email )

Nieuwe Achtergracht 166
Amsterdam, 1018 WV
Netherlands

University of Amsterdam - Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

Amsterdam Law School ( email )

Amsterdam, 1018 WB
Netherlands

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