A/HRC/36/48
out more caregiving functions, the benefit to older persons will depend on responsible
design and use.
90.
Existing and emerging technology, such as care robots, will increasingly
operate autonomously, eventually performing actual care. This raises a number of
concerns that, unless adequately addressed, may adversely have an impact on the
human rights of older persons. This may require a review of the existing normative
and policy frameworks to ensure that a human rights-based approach is being
adopted to assistive technology.
91.
Assistive technology and robots will collect, process and store unprecedented
amounts of data. The use of information will increase in volume and complexity as
robots carry out more and more autonomous functions. Understanding the risks of
autonomous robots for the right to informational self-determination and privacy
requires an appreciation of the ways in which data are, and will be, utilized by such
technology. The existing normative framework, such as article 17 of the International
Covenant on Civil and Political Rights, including the principle on data minimization,
continues to provide essential guidance even though robots and artificial intelligence,
by definition, require vast amounts of data to function properly. The implications of
the use of assistive and robotics technology on the informational self-determination of
older persons must be better understood and assessed.
92.
The Independent Expert emphasizes that assistive technology as an essential
measure to enable older persons to live independently and to participate fully in all
aspects of life, on an equal basis with everyone, everywhere, needs to be affordable
and accessible. Support for older persons should cover the diverse needs of older
persons, including end-of-life and palliative care situations. However, the promotion
of advanced technology, such as robotics, should complement and not detract from
efforts to ensure that basic low-technology assistive products are available to
everyone.
93.
To ensure universal access, States should integrate assistive technology in
health and social protection schemes, making it available at affordable prices and
offering financial assistance to those who need it. Conditions of access must not be
based on age alone. While promoting effective assistive technology, States must also
retain other support options, including traditional care, and not create
disproportionate disadvantages for individuals who may prefer, or whose needs are
better catered for through, other forms of support. States should also establish
monitoring and accountability mechanisms regarding the provision of assistive
technology in order to evaluate the adequacy of support arrangements and prevent
human rights abuses.
94.
A human rights-based approach needs to be embedded in the design of assistive
technology. A rights-based design ensures that the technology will not stigmatize older
persons and will take account of their diverse needs and preferences, paying due
attention to vulnerable groups, including those with high support needs, the
cognitively and otherwise impaired, digital immigrants and others.
95.
Human rights impact assessments of assistive and robotics technology should
be undertaken to address human rights concerns and ensure compliance with
international standards. Auditing machine decisions and algorithms, and their
compliance with human rights standards, is essential in avoiding discriminatory
treatment, including through biased algorithms. There is a need to develop concrete
guidelines for such human rights impact assessments in consultation with developers
and manufactures, but also service providers, procurers and civil society to ensure
that a human rights-based approach can be embedded in the design, procurement,
supply and implementation of assistive technology.
96.
The informed consent of the user is paramount in the introduction of assistive
technology and robotics. Older persons must be able to weigh the risks and the
concrete benefits of the technology. Information must be given in an understandable
way and language, bearing in mind individual personal circumstances and cognitive
abilities. The paradigm of choice and control includes the right to opt out of the
17
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