Artificial intelligence and the freedom of association

• Author: Joanna Unterschütz
• Pages: 272-290

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association

Joanna Unterschütz1



1. COLLECTIVE WORKERS’ RIGHTS AS HUMAN RIGHTS

Workers’ rights constitute human rights in the basic positivist sense, i.e.

through their incorporation into specific international human rights treaties as well

as EU law, domestic constitution and legislation2. The international protection of

human rights is characterized by both the diversity of normative foundations and

the procedures created to control the implementation of obligations in this field3.

In 1998, the ILO adopted a Declaration on basic principles and rights at work and

complementary activities. This declaration contains core labour standards including

abolition of all forms of forced labour; eradicating child labour; elimination of

discrimination in employment and professional life, and also freedom of association

and effective recognition of the right to collective bargaining. Collective workers’

rights are also enshrined i.a. in the European Convention of Human Rights (Art.

11) and the Charter of Fundamental Rights of the EU (Art. 12.1, Art. 27 and Art.

1 Joanna Unterschütz, associate professor of University of Business and Administration in

Gdynia, Poland.

2 NOVITZ, T. FENWICK, C. “The application of Human Rights Discourse to the Labour

Relations: Translation of Theory into Practice”        

regulation, Hart Publishing, Oxford and Portland, Oregon, 2010, p. 3.

3 BALCERZAK, M. „Midzynarodowa ochrona praw człowieka a pluralizm prawny –

wybrane aspekty” Pluralizm prawny. Tradycja, transformacje, wyzwania, Interdyscyplinarne Koło

Naukowe Doktorantów UMK, Toru, 2009, p. 80.



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28). In the International Law ILO standards (in particular Conventions 87, 98, 154)

should be a paradigm, while reflecting on collective labour rights of workers. The

international protection of human rights is characterised by both the diversity of

normative foundations and the procedures created to control the implementation of

obligations in this field. Strengthening the role of legal principles is a reflection of

the tendency of law systems to shift from `closed` to `open` systems characterised

by a larger proportion of non-text elements, such as legal principles, programme

norms and other imperfect rules in legal argumentation. Such principles are

encompassed i.a. in the ILO agenda on sustainable development goals.

2. 4TH INDUSTRIAL REVOLUTION AND WORKERS’ RIGHTS

Technological developments that lead to the 4th industrial revolution, has

brought changes in the employment paradigm. Artificial Intelligence (AI)4 plays

crucial role in developing solutions that shape modern employment market.

Economic fields where AI is used, that are strongly connected to employment

and labour market include robotisation, dematerialisation and gig economy5.

The main discussion concentrates therefore on the following issues. The

effects of automation and robotisation for the employment market, and in

particular the problem arising when robots and automated processes (e.g. fully

automated warehouses or port docks) will make certain jobs redundant while at

the same time an increased need for workers with higher technical qualifications

will arise6. Protection of personal data and discrimination (also in employment)

4 High-Level Expert Group on Artificial Intelligence set up by the European Commission

proposes the following definition of the AI: Artificial intelligence (AI) systems are software (and

possibly also hardware) systems designed by humans that, given a complex goal, act in the physical or

digital dimension by perceiving their environment through data acquisition, interpreting the collected

structured or unstructured data, reasoning on the knowledge, or processing the information, derived

from this data and deciding the best action(s) to take to achieve the given goal. AI systems can either

use symbolic rules or learn a numeric model, and they can also adapt their behaviour by analysing

how the environment is affected by their previous actions. (HIGH-LEVEL EXPERT GROUP ON

ARTIFICIAL INTELLIGENCE, “A definition of AI: Main capabilities and scientific disciplines”, p. 8



and-scientific-disciplines

5 IBA GLOBAL EMPLOYMENT INSTITUTE, “Artificial Intelligence and Robotics

and Their Impact on the Workplace”, p.10 https://www.ibanet.org/Document/Default.

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6 See e.g. FREY, C.B. OSBORNE, M.A. The future of employment: how susceptible are

    , Oxford, Oxford Martin School, University of Oxford