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

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 contribution 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 decision-making.