A/HRC/36/48
30.
A prerequisite is that simple and accurate information about the technology be
provided to every older person — not just to those with cognitive impairments — in order
for them to be able to assess the implications of the use of assistive and robotics technology
prior to giving their consent. Information has to be provided in such a manner that potential
users will understand the risks and not overestimate the benefits of technology.
31.
Depending on the personal circumstances and needs of an older person, diverse
levels of support may be required to obtain consent. Particular safeguards are required for
people with severe cognitive difficulties, including older persons with dementia. The
process followed to obtain consent, including the manner in which people are being
consulted, determines the extent to which older persons can make informed and
autonomous choices.
32.
Even if older persons consent to the use of monitoring devices, they must remain in
control of what information will be gathered, how it will be used and with whom it will be
shared. For example, can a surveillance system put in place to detect falls or neglect also
collect data about the user’s habits?
33.
The right to autonomy extends also to the withdrawal of technology. Assistive
technology should not be removed without the informed consent of the user. When
technology has been applied for a long period, the impact on the older person’s rights must
be closely evaluated. This is especially important for robots, with which users may develop
close bonds owing to their anthropomorphic features and functionalities.
34.
Older persons’ right to autonomy is at times limited on the ageist assumption that
because someone is older, he or she has declining mobility or worsening memory and,
therefore, they are not able to make decisions. The right of older persons to autonomous
decisions can be limited because others, in particular family members and caregivers, act as
substitute decision makers. When others decide on behalf of the older person who will be
interacting with the technology, the individual in question is not allowed to exercise his or
her right to autonomy.
35.
Technology could prompt and interact with older persons with cognitive
impairments in a way that helps them navigate through their routine while maintaining
choice and control about their everyday life. Based on close observation, systems might be
able to suggest what a person with communication difficulties wishes. While such tools can
increase individual autonomy, there are risks of abuse as there is a fine line between
suggesting action and directing the person into a specific activity. As a matter of fact, many
choices people consider their own are already to a great extent determined by algorithms.
36.
Progress in the area of machine learning and artificial intelligence raises the question
of driven or automatic decision-making. Self-learning technology may be a powerful tool to
personalize services for older persons. Systems could learn the users’ routine and
automatically adapt to their preferences, for example for eating times. Self-learning
technology would need to be programmed in a manner that allows older persons to retain
control as preferences change and to be able to adapt to unexpected changes, such as
unannounced visits. As technology becomes more sophisticated and autonomous, a human
rights-based approach needs to be integrated in the design, planning and implementation of
the systems.
37.
It is important in this regard to clarify that robots should not be able to substitute
themselves for the decision-making of an older person. The human control paradigm
implies that it should not be possible to delegate a decision with legal effects to an
automated process. Artificial intelligence may, however, assist older persons to provide
answers to their questions and to review the options, thus enabling them to reach their own
decisions in a similar manner to the notion of supported decision-making. This will,
however, require clear parameters and safeguards to ensure that the preferences of older
persons will be respected and adequately reflected.
38.
Respect for individual autonomy also means that older persons need to be allowed to
deviate from what is expected of them. This is of particular importance in case of
conflicting instructions to the assistive technology or robot from the caregiver and the older
person. Safeguards are needed so that the choice of a person, for instance not to take
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