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Issue No. (17) August 2025
The Print ISSN 3009-6847
The Online ISSN 3009-691X
Studies in Human Rights
Issue No.(17) August 2025
Academic Quarterly Journal published by State Information Service
Address: 3 Al-Estad Al-Bahary St., Nasr City, Cairo, Arab Republic of Egypt.
E.mail: Humanrightsstudies@sis.gov.eg Web.: Hrightsstudies.sis.gov.eg
SIS Chairman
Diaa Rashwan
Editor in-chief
Abdelmoeti Abuzaid
Managing Editor
Dr. Ghada Helmi Ahmed
English Section
Mostafa Ahmady
Marwa Onsy
French Section
Nahla Galal
Cover
El Shimaa Fawzy
Layout
Eng. Rania Saleh
Printing Supervision
Mohamed Habib
Eman Gaafar
Studies in
Human Rights
Academic Quarterly Journal
published by
State Information Service
Arab Republic of Egypt
Issue No. (17) August 2025
Academic Board
Justice Adel Maged
Dr. Ahmed Abou El-Wafa
Dr. Iman Hassan
Dr. Mahmoud Bastami
Dr. Moufeed Shehab
Ambassador Nabil Habashy
Dr. Nesreen Al-Baghdadi
Councilor Sanaa Khalil
Members of the board
are listed in alphabetical order
Humanrightsstudies@sis.gov.eg Hrightsstudies.sis.gov.eg
Address: 3 Al-Estad Al-Bahary St., Nasr City, Cairo, Arab Republic of Egypt
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Humanrightsstudies@sis.gov.eg Hrightsstudies.sis.gov.eg
Address: 3 Al-Estad Al-Bahary St., Nasr City, Cairo, Arab Republic of Egypt
Index
Editorial
A New Lesson in Protecting Human Rights Diaa Rashwan 6
Introduction
Societal Dimensions of the Principle of Equality in Egypt
Abdelmoeti Abuzaid 9
Journal’s Prole
Legal Approach to Reinterpreting and Redening Digital Rights
Insights on and Equal Opportunities Dr. Sahar Mostafa Hafez 12
The Right to Work: A Perspective On Equality and Equal Opportunity
in Egypt Prof. Dr. Khaled El-Sayed 23
Principle of Equality in Access to Public Employment under Egyptian
Legislation Dr. Mohamed Farag 27
Robot Judges: A Promise or Threat to The Right to a Fair Trial?
Judge Ayat Khalaf 33
Implications of Articial Intelligence on Economic, Social, and
Cultural Human Rights Dr. Noha Amr Ismail 43
6Issue No. (17) August 2025
Studies in Human Rights
Editorial
A New Lesson in Protecting Human Rights
Diaa Rashwan
Chairman of the State Information Service
Egypt has been making remarkable efforts to promote and protect
human rights in the broad sense of their aspects.
The newly introduced Labor Law (Law No. 14 of 2025) aims to balance
the rights of both employees and employers. It explicitly regulates working
hours, sets rest periods, and provides enhanced safety and special leave
provisions for women. The law sets a flexible work schedule, defines
certain obligations by employers toward their employees the likes of
providing transportation and housing to workers in remote locations. The
law also prohibits arbitrary dismissal except by a judicial ruling.
The law also addresses modern forms of employment, such as part-
time jobs, ensuring that workers are protected against unfair dismissal. It
further safeguards the rights of employees in cases of ownership transfer,
stipulating that neither the change in an establishment’s legal status nor
transfer of ownership shall affect the worker’s entitlements. New and
old owners are jointly liable for all obligations pertaining to the rights of
employees.
This law, warmly welcomed by Egypt’s workforce, guarantees
protection and benefits for more than 20 million Egyptian workers in
the private sector, public business sector companies, and other fields.
It stands as a viable advancement towards realizing the true essence of
human rights in their comprehensive dimensions — social, economic, and
humanitarian.
7Issue No. (17) August 2025
Studies in Human Rights
At the same time, President Abdel Fattah El-Sisi’s decision to return
the draft Criminal Procedures Law to the House of Representatives came
for further review of several contested articles.
Earlier, the House of Representatives had submitted the draft law to
the President for ratification.
This decision aims to uphold more rights and safeguards for the
citizens to ensure that their freedoms and rights remain untouched.
The controversial articles of the Criminal Procedures Law mainly
relate to issues of governance and disambiguation of certain clauses in a
bid to provide stronger safeguards for the sanctity of private homes and
for the rights of defendants before investigative and judicial authorities.
The President also emphasized the importance of expanding alternatives
to pretrial detention to reduce reliance on it and called for disambiguation
as regards the wording of the law so that no problems can arise when it
would be enforced.
Furthermore, the remarks of the President reasserted the necessity
of allowing adequate time for ministries and relevant authorities to
implement the newly introduced mechanisms and procedures in order
to thoroughly understand the law’s provisions. This would ensure precise
and effective enforcement — ultimately achieving swift and equitable
justice in accordance with the Constitution and the rule of law.
The President also reaffirmed the importance of the law’s provisions
addressing key issues such as procedures for travel bans on defendants,
compensation for pretrial detention in specific cases and the reduction
of its duration, as well as regulations governing remote investigation and
detention renewal procedures, and witness protection measures, among
others.
8Issue No. (17) August 2025
Studies in Human Rights
In response, the House of Representatives convened consecutive
sessions to review and amend the draft law, introducing changes that
would further strengthen the guarantees of freedom and human rights
in Egypt.
At the same time, President Abdel Fattah El-Sisi responded to
an appeal from the National Council for Human Rights requesting a
presidential pardon for a number of convicted individuals, in accordance
with the powers granted to the President by the Constitution in this
regard. The President instructed that the request be carefully studied,
and upon completion of the review, he issued a presidential pardon for six
convicted prisoners after all constitutional and legal procedures had been
duly followed — just a few days after the Council’s appeal.
Thus, the President continues to set a strong example in safeguarding
rights and freedoms, protecting the rights of the citizens in political, civil,
economic, and social aspects, and guiding Egypt forward on the path of
advancing human rights for the Egyptian people.
9Issue No. (17) August 2025
Studies in Human Rights
Introduction
Societal Dimensions of the Principle of Equality in Egypt
Abdelmoeti Abuzaid
Editor in Chief
Egypt’s current Constuon (2014) and its subsequent amendments
rearm the principle of equality, both in the preamble and across
numerous arcles addressing polical, civil, economic, and social rights,
among others. This principle is further reasserted through related
concepts such as equal opportunity, cizenship, and social jusce.
Moreover, a series of new laws and amendments to exisng legislaon
have been introduced to strengthen and instuonalize the principle of
equality among all cizens.
In pracce, Egypt has made remarkable progress in implemenng and
upholding the principles of equality, equal opportunity, and cizenship. At
the forefront of these eorts is the assurance of equality before the law
and the consistent applicaon of the rule of law to all cizens without
excepon. Equally signicant is the progress achieved in promong
equitable development across the naon. For the rst me, Egypt has
adopted the principle of balanced development between rural and urban
areas, with a strong focus on improving living standards in unplanned and
less developed regions. This has been reected in expanded access to
essenal services such as clean water, electricity, sanitaon, healthcare,
energy, educaon, and other vital public services throughout the country.
A notable aspect of advancing equality is the substanal progress
made in women’s empowerment over the past ten years. Egypt has taken
tangible steps to eliminate all forms of gender-based discriminaon in
employment, opportunies, services, and social benets.
10 Issue No. (17) August 2025
Studies in Human Rights
Equal aenon has also been given to persons with disabilies,
marking another signicant dimension of Egypt’s commitment to upholding
equality among all cizens. Over the past ten years, considerable progress
has been made in that department.
These have been applied to other groups such as children, the elderly,
and those most in need of care, ensuring that each and every individual
remain equally valued—regardless of age, place of residence, or social
circumstances.
Notably, the “Decent Life” (Hayah Karima) iniave stands as one of the
most inuenal naonal eorts to address disparies between the capital
city and major cies on one hand, and other governorates and rural areas
on the other. It is a milestone in ensuring the commitment of the State
towards fair public spending on development, services, and infrastructure
The Egypan society, therefore, today reects social cohesion and
naonal unity among all its religious and social stripes—an essenal pillar
of the principles of cizenship and equality.
However, despite all that has been achieved by the State or under
its supervision, there sll remain some social and cultural legacies and
negave customs pracced by certain individuals or groups in the society,
which in reality diminish the principle of equality.
Discriminaon against women for social reasons in some local
communies regreably shows a lack of respect for the Constuon and
the law, and poses an obstacle to girls and women obtaining their full
rights on an equal foong with men in the same community.
Likewise, pracces of bullying against certain groups or social or
class-based discriminaon require further aenon and eorts to raise
the awareness of individuals and communies to beer align with the
progress seen in the State’s legislaon and public policies.
11 Issue No. (17) August 2025
Studies in Human Rights
At the same me, certain forms of favorism or bias shown by some
individuals toward specic persons or groups are among the pracces
that the State’s instuons are acvely combang. In fact, these are
considered a form of corrupon that society must cooperate with the
State to eliminate.
The Egypan State has made great leaps in applying the principles of
equality, cizenship, and equal opportunity. The society itself and non-
governmental organizaons have a key role to play in raising awareness
and promong the principle of equality at both the individual and
collecve levels, as it represents one of the most fundamental human
rights, being a cornerstone of respect for human dignity.
12 Issue No. (17) August 2025
Studies in Human Rights
Journal’s Prole
Legal Approach to Reinterpreting and Redening Digital
Rights Insights on and Equal Opportunities
A Case Study of Egypt in a Comparative Framework
Dr. Sahar Mostafa Hafez
Professor of Law, National Center
for Social and Criminological Research
Introduction
In the age of artificial intelligence AI, the rights to equality and equal
opportunity can no longer be treated as merely traditional or formal
concepts. These have posed pressing constitutional and legislative
challenges that demand reinterpretation and reformulation in order
to transform conventional concepts into actual rights and freedoms.
Here, the aim is to make digital rights stand as the first generation of
the human rights system, ensuring fair and inclusive participation in a
rapidly evolving digital era.
Constitutional and legislative reform in this field is therefore
imperative. Its purpose is to prevent artificial intelligence from
becoming an instrument of discrimination and, instead, to harness it
as a tool for advancing comprehensive justice—legislative, executive,
and judicial. Law, in this sense, is not only a means of protecting rights
but also a mechanism for measuring the degree of their respect and
enforcement. It further functions as a benchmark for evaluating and
correcting societal indicators before their application within the digital
reality—one that varies across legal and technological contexts.
Accordingly, the law must be flexible, adaptive, and enforceable,
capable of keeping pace with digital transformation and aligned with
the latest developments in artificial intelligence. Only under these
conditions can digital justice be secured—through human rights impact
assessments, as well as economic, social, and environmental evaluations.
13 Issue No. (17) August 2025
Studies in Human Rights
In this way, the law ceases to be a set of abstract provisions and
becomes a proactive and preventive framework: one that monitors,
evaluates, analyzes, and corrects deviations on the path toward
comprehensive social justice. This transformation is realized through
the law’s own tools—its preventive, legislative, executive, and oversight
mechanisms.
This study will examine these issues through the following key
axes:
Axis One: Digital Rights in Comparative Constitutions
Contemporary constitutions around the world have undergone
significant development in enshrining the principles of equality and
equal opportunity as fundamental rights. This shift reflects the urgent
need to respond to new technological challenges—most notably,
artificial intelligence (AI). In this context, constitutional frameworks
are increasingly required to safeguard the rights of individuals against
violations of discrimination, while ensuring that AI and related
technologies are employed as tools to advance digital justice.
Recognition of Digital Rights to Equality and Equal
Opportunity in Modern Constitutions
This study examines selected constitutional texts that explicitly or
implicitly address equality and equal opportunity within the evolving
digital landscape. The aim is to assess how different jurisdictions
incorporate these rights into their constitutional orders, particularly in
relation to AI.
The following table provides a comparative overview of some of the
most relevant constitutions in this regard:
14 Issue No. (17) August 2025
Studies in Human Rights
Table (1): Comparative Overview of Selected Constitutions on Digital
Rights of Equality and Equal Opportunity
No. Country /
Year
Constitutional
/ Legal Text on
Equality
AI-Related
Challenges
Addressed
Notes
1Canada (2022) Article 5 affirms
equality in access to
public and private
digital services.
Recent
references to
data rights and
privacy.
Digital Privacy
and Equality
Protection Act
(2022).
2France
(Amendment
2008)
Digital justice
framed within
national legislation
(aligned with
EU regulations).
Recommendations
from the Defender
of Rights and
CNIL to combat
algorithmic
discrimination,
adopting preventive
and evaluative
tools.
Early AI
regulation
primarily through
legislation, not
the constitution
itself.
Rapid legislative
progress.
“Informatics
and Freedoms
Law” and CNIL
directives.
3Finland (2010) Digital rights and
technical education
recognized.
Broadband internet
access established
as a legal right
(initially 1 Mbps,
later expanded).
A modern
constitutional
vision of digital
justice.
Although not
constitutional,
it is legally
guaranteed and
treated as a
public service
within the welfare
state. Electronic
Communications
Act; pioneer in
digital education.
15 Issue No. (17) August 2025
Studies in Human Rights
4South Africa
(2021)
Expanded
protection against
discrimination.
Focus on social
jusce and
algorithmic
discriminaon.
(Proposed
amendment
includes the
right to digital
educaon and
technological
skills.)
Considered a
global model.
5The European
Union
Draft Charter of
Digital Rights.
Ongoing
development
of AI legal
and rights
frameworks.
Setting
international
standards.
6Estonia (2000) Internet recognized
as an open public
service.
Developing new
legislation.
Legislation
7Iceland (2011) Guarantees
freedom of
expression
and access to
information online.
Developing
digital
information
legislation.
—
8Ecuador
(2008)
Criminalizes
discrimination
based on lack
of access to
technology.
Developing
legislative and
informational
frameworks.
—
16 Issue No. (17) August 2025
Studies in Human Rights
9Brazil (Law
13.709/2018)
Article 6 (principles)
and Article 20
establish “non-
discrimination”
and the right to
request review
of automated
decisions, with
disclosure of logic
where appropriate.
Recognizes “non-
discriminaon”
as a core data
protecon
principle (Arcle
6/IX) and grants
review rights
for automated
decisions, with
oversight by the
naonal authority.
LGPD – General
Data Protection
Law; amended
to ensure equal
access to the
digital economy.
10 Georgia
(Constitution
1995)
Article 12 protects
freedom of
information, media,
and internet.
Applied not
only to internet
freedom but
also to frame
access as part
of freedom
of media and
information.
—
11 Peru
(Constitution
1993)
Article 14(A)
within Chapter
I (Fundamental
Rights of the
Individual).
Constuonal
obligaon
to provide
free internet
naonwide,
priorizing
marginalized
geographic and
social groups.
—
12 Spain (2020) Various provisions
mandate pay
transparency
and equal value
assessments at
work.
Supports
detection of
structural bias in
HR systems.
Royal Decree
902/2020 on Pay
Equality.
17 Issue No. (17) August 2025
Studies in Human Rights
13 The European
Union (2024)
Articles 5, 10, 14
prohibit high-risk AI
practices affecting
fundamental rights.
Requires risk
management,
quality data, and
human oversight
of high-risk AI
systems to reduce
algorithmic
discriminaon.
EU AI Act
(Regulation EU
2024/1689).
14 The European
Union
(Directive
970/2023)
Articles 9–10
mandate pay
transparency and
joint reporting on
gender-based pay
gaps.
Requires
digital pay
transparency,
reporting, audits,
and enforcement
measures, with
Member States
obliged to
comply by June
7, 2026.
Pay Transparency
Directive.
15 The European
Union (2023)
Adoption of a
“Declaration on
Digital Rights,”
reinforcing the
importance of
privacy, access to
digital services,
freedom of
expression, etc.
Not
constuonal,
but quasi-
constuonal
in nature,
inuencing
Member States’
legislaon.
Declaration on
Digital Rights
(2023).
16 The European
Union (2022)
Articles 34–35–37
require large
platforms to
assess risks to
rights (including
discrimination),
mitigate them,
and undergo
independent audits.
Strong
preventive and
compliance
obligations for
digital platforms.
18 Issue No. (17) August 2025
Studies in Human Rights
Axis Two
Social, Economic, and Environmental Assessment of Digital
Rights for Equality and Equal Opportunities
Artificial intelligence represents a pivotal stage in global technological
transformation, with multidimensional impacts on equality and equal
opportunities. This section of the study seeks to shed light on these
impacts across three interrelated dimensions—social, economic, and
environmental—while presenting measurement tools and practical
recommendations to ensure that technological transformation aligns
with the principles of digital justice and fairness.
The analysis links human rights, social, economic, and environmental
perspectives to show how AI applications affect social justice and
economic growth, while also highlighting challenges and potential
solutions through the following:
Social Dimension: Enhancing inclusion and access to services
and education, while addressing risks such as the digital divide and
algorithmic bias.
Economic Dimension: Increasing efficiency and productivity
and creating new markets, while mitigating risks of job losses and the
monopoly of technology by large corporations.
Environmental Dimension: Improving resource management
and reducing pollution, while confronting challenges related to energy
consumption and electronic waste.
Integrative Vision: Achieving equality and equal opportunities
in the age of AI requires a holistic approach that combines the social,
economic, and environmental dimensions through digital education,
redistribution of digital gains, and environmental sustainability.
Recommendations: Enacting binding legislation against bias,
developing community-based training programs, establishing incentive
policies for sustainable companies, and creating periodic indicators to
measure impact.
19 Issue No. (17) August 2025
Studies in Human Rights
Axis Three
Human Rights Impact Assessment of Equality and Equal
Opportunities in the Age of Articial Intelligence
The law plays a pivotal role in assessing the human rights impact of
equality and equal opportunities through its legislative, executive, and
oversight mechanisms. This section analyzes that role by attempting to
evaluate the human rights implications of AI applications for equality and
equal opportunities. The assessment is structured around the following
dimensions: conceptual framework, positive impacts, negative impacts/
challenges, relevant international legal obligations, legal and legislative
challenges in developing countries, rights-based recommendations, and
comparative legislative solutions that may be adapted in Egypt.
Positive Impacts: Expanding employment opportunities for
persons with disabilities, improving education for marginalized
groups, ensuring fair access to healthcare services, and monitoring
discrimination.
Negative Impacts: Algorithmic bias, the digital divide in access,
and discriminatory automated recruitment decisions.
International Obligations: The Universal Declaration of Human
Rights (UDHR), the International Covenant on Economic, Social and
Cultural Rights (ICESCR), the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW), and the Convention on the
Rights of Persons with Disabilities (CRPD).
Challenges in Developing Countries: Lack of a legal definition
of algorithmic discrimination, and weak regulatory and institutional
frameworks.
20 Issue No. (17) August 2025
Studies in Human Rights
Axis Four
The Case Study of Egypt in a Comparative Framework
This section explores how Egypt can benefit from comparative
legal and policy frameworks on digital rights of equality and equal
opportunities, and how these can be adapted to the Egyptian digital
context. It also considers the tools available for assessing social,
economic, and environmental impacts, their costs, and the overall
process of evaluating and recalibrating the human rights impact of
equality and equal opportunities in light of artificial intelligence.
Equality and Equal Opportunities in Comparative Legislation
Digital rights for equality and equal opportunities from a legal and
human rights perspective, analyzed in light of certain recently reformed
countries that have redefined relevant concepts to ensure digital justice,
and assessing the extent to which these reforms can be applied in the
Egyptian digital context, as follows:
Artificial Intelligence, Equality, and Equal Opportunities in
Comparative Legislation
The growing reliance on AI technologies requires a comprehensive
review of legal systems to ensure that it aligns with the principles of
equality and non-discrimination. This is particularly urgent given the
risks of algorithmic and data-driven biases, which may lead to unfair
outcomes in critical sectors such as employment, education, healthcare,
and justice. In this section, we examine artificial intelligence and equality
rights in comparative legislation through the following points:
Applicability of Impact Assessment in Egypt
Egypt could adopt an integrated social, economic, and environmental
assessment model to measure the impact of AI applications on equality
and equal opportunities. Such a model would rely on both quantitative
and qualitative indicators, combining big data analysis with monitoring
of real impacts on society, the economy, and the environment.
21 Issue No. (17) August 2025
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Socially, the focus should be on whether AI narrows or widens
gaps in equality—particularly with respect to gender and marginalized
groups—while also monitoring its impact on education, employment,
and public services.
Economically, assessment should measure the impact on sectoral
productivity, the costs of digital transformation, and the extent to which
AI fosters innovation and entrepreneurship, while ensuring that low-
skilled labor is not excluded.
Environmentally, the assessment should evaluate the life cycle of
AI systems in terms of energy consumption and digital infrastructure,
while setting standards to minimize the carbon footprint of emerging
technologies.
To ensure the effectiveness of this framework, it is recommended
to establish a National Observatory for Human Rights Impact
Assessment of AI Applications. This observatory should operate through
partnerships among government institutions, civil society, and the
private sector. Moreover, Egypt should align its national standards with
international frameworks to guarantee transparency and accountability,
thereby enhancing its capacity to lead a fair and sustainable digital
transformation.
Conclusion:
This study, through its four axes, has demonstrated that digital
rights relating to equality and equal opportunities in the age of artificial
intelligence represent a cornerstone for achieving fair participation
in the digital sphere—particularly in countries experiencing rapid
digital transformation, such as Egypt. The study has demonstrated
that, although artificial intelligence offers opportunities to enhance
efficiency and expand access to services, it also entails risks associated
with algorithmic bias, the digital divide, and limited societal awareness
of digital rights—all of which may negatively affect the principles of
equality and equal opportunity.
22 Issue No. (17) August 2025
Studies in Human Rights
Key Recommendations:
1. Enact new legislation and amend existing national laws to
include explicit provisions prohibiting discrimination resulting
from artificial intelligence systems.
2. Integrate ethical principles—such as transparency, accountability,
and non-discrimination—into system design.
3. Establish independent mechanisms to monitor algorithmic
violations, particularly in employment, education, and
healthcare.
4. Invest in training programmers and system developers on human
rights standards and ethical coding practices.
5. Enhance the participation of marginalized groups in data design
and technology development to ensure inclusivity.
6. Align policies with the Sustainable Development Goals,
particularly Goal 5 (Gender Equality) and Goal 10 (Reduced
Inequalities).
7. Conduct comparative studies of international experiences in
regulating artificial intelligence and safeguarding digital rights
for equality and equal opportunities.
8. Analyze the impact of educational policies and digital literacy
programs on narrowing the technological divide across social
groups.
9. Develop periodic evaluation models to detect algorithmic biases
and assess their effects on digital rights in Egypt.
10. Strengthen the role of civil society as a sustainable development
partner in monitoring AI applications and protecting user rights.
23 Issue No. (17) August 2025
Studies in Human Rights
Journal’s Prole
The Right to Work: A Perspective On Equality
and Equal Opportunity in Egypt
Prof. Dr. Khaled El-Sayed Hassan
The right to work is one of the fundamental economic and social
rights that ensure human dignity and enhance the individual’s capacity
to secure a decent livelihood and to parcipate eecvely in public life.
This right has been widely recognized in internaonal instruments, most
notably the Internaonal Covenant on Economic, Social and Cultural
Rights of 1966, as well as in convenons adopted by the Internaonal
Labour Organizaon, all of which arm the right to work as a core element
of social jusce and human development. In the Egypan constuonal
context, the 2014 Constuon, under Arcle 12, spulates that “Work is
a right, a duty, and an honor guaranteed by the State,” while Arcle 13
arms the State’s obligaon to ensure equality of opportunity among
cizens without discriminaon.
Arming the right to work within a framework of equality and equal
opportunity does not merely represent compliance with human rights
obligaons, but also reects a strategic dimension in the trajectory of
sustainable economic development. Development reports have shown
that sociees which pursue fair and inclusive labor policies achieve
more balanced and stable growth rates, accompanied by lower levels of
exclusion and discriminaon.
24 Issue No. (17) August 2025
Studies in Human Rights
The Legal and Legislative Framework of the Right to Work
and Equality in Egypt
1. The Constitutional Basis of the Right to Work and Equality
The Constuon of the Arab Republic of Egypt (2014) constutes
the supreme reference point enshrining the fundamental rights of
cizens, foremost among them the right to work, equality, and equal
opportunity. Arcle 12 arms that work is a right, a duty, and an honor
guaranteed by the State, and regulated by law in accordance with the
principle of fair remuneraon and with due respect for the fundamental
rights of workers. Arcle 13 further reinforces the State’s commitment
to protecng workers’ rights by seng a minimum wage and ensuring
appropriate working condions.
Arcle 53 establishes the principle of equality before the law,
prohibing all forms of discriminaon—whether based on gender,
religion, origin, color, disability, geographic locaon, or any other
grounds. These provisions provide a robust constuonal foundaon for
promong fairness in access to the labor market; however, the principal
challenge lies in the eecveness of implemenng these principles in
pracce through legislaon and public policy.
2. Legislation Regulating Employment
a. Labor Law No. 12 of 2003
This law serves as the primary legislative framework governing the
relationship between employees and employers in the private sector.
It incorporates several principles aimed at safeguarding workers’
rights, including:
• Prohibion of discriminaon in terms and condions of
employment and remuneraon (Arcle 88).
• Regulaon of occupaonal safety and health standards (Chapter V).
• Promoon of vocaonal training for youth (Arcle 139).
25 Issue No. (17) August 2025
Studies in Human Rights
• Protecon of workers against arbitrary dismissal and recognion
of their right to appeal.
b. Civil Service Law No. 81 of 2016
This law regulates the aairs of employees within the State’s
administrave apparatus and arms the principle of equal opportunity
in recruitment and promoon (Arcle 13), with explicit reference
to the empowerment of women and persons with disabilies, and
the establishment of objecve systems for performance evaluaon.
Nevertheless, reports issued by the Central Agency for Organizaon
and Administraon (CAPMAS, 2023) indicate that the representaon of
women and persons with disabilies in administrave and leadership
posions remains below the desired level.
c. Legislaon Concerning Marginalized Groups
Persons with Disabilies
In order to strengthen the economic parcipaon of the people of
determinaon, Law No. 10 of 2018 requires both public- and private-
sector employers to allocate 5% of jobs to persons with disabilies, while
also mandang the provision of an appropriate working environment and
protecon against arbitrary dismissal (Arcles 21–23). However, reports
from the Ministry of Social Solidarity suggest that compliance with this
quota remains largely nominal in many instuons due to the absence
of eecve monitoring mechanisms (Ministry of Social Solidarity, 2020).
Women
Despite legislave amendments aimed at protecng women in the
workplace—including the criminalizaon of harassment (Arcle 306
bis (a) of the Penal Code)—the current legal framework does not yet
provide a comprehensive law addressing structural barriers faced by
women, such as the lack of instuonal childcare services, persistent
wage gaps, and limited opportunies for promoon compared to men.
26 Issue No. (17) August 2025
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3. Egypt’s International Obligations
Egypt is party to a number of internaonal convenons that reinforce
economic and social rights, including the right to work and equality.
These instruments form part of the binding framework obligang the
State to protect marginalized groups and to ensure equal opportunies.
Notable among them are:
• ILO Convenon No. 100, which guarantees equal remuneraon
for men and women for work of equal value.
• ILO Convenon No. 111, which prohibits discriminaon in
employment and occupaon in all its forms.
• The Convenon on the Eliminaon of All Forms of Discriminaon
against Women (CEDAW), which obliges State pares to adopt
measures to protect women from discriminaon in the labor
market.
• The Convenon on the Rights of Persons with Disabilies (CRPD),
which calls for the integraon of persons with disabilies
into economic acvies through decent employment and the
adaptaon of workplaces.
4. Observations and Challenges
The constuonal and legislave framework in Egypt demonstrates
a clear commitment to enshrining the right to work and equality.
However, praccal implementaon reveals limitaons, parcularly
with respect to marginalized groups. The absence of independent
enforcement mechanisms, the weakness of instuonal oversight
and accountability, and the lack of policies grounded in disaggregated
data constute major challenges to translang legal provisions into
tangible outcomes. Accordingly, there is a pressing need for legislave
and instuonal reforms that ensure policy coherence and strengthen
labor market governance in line with both naonal and internaonal
obligaons.
27 Issue No. (17) August 2025
Studies in Human Rights
Journal’s Prole
Principle of Equality in Access to Public Employment under
Egyptian Legislation
Dr. Mohamed Awad Farag
Head of the Administrative
Prosecution Authority
Introduction
The principle of equality is a fundamental pillar enshrined in
the constuons of most countries around the world. It represents
one of the most essenal human values to which all peoples remain
commied, serving as the foundaon of all rights and freedoms. Indeed,
it is the cornerstone of every legal framework governing public rights
and liberes in the sense that equality in democracy is what the soul
is to the body—without it, democracy loses its meaning, and freedom
itself collapses. For this reason, modern constuons have been keen
to incorporate provisions enshrining the principle of equality among
all cizens, prohibing discriminaon on the grounds of gender, origin,
color, language, or religious and polical belief.
Public service legislaon arms the principle of equality among
cizens in access to public oce. This principle is itself an expression
of equality in public rights and dues, ensuring that public oce is held
only by those who meet the required standards of competence and
merit. Its applicaon thus serves the public interest, contributes to the
eradicaon of administrave corrupon, neposm, and favorism, and
ensures the regular and consistent funconing of public instuons.
Nevertheless, certain public service laws provide excepons to
this principle for parcular groups of cizens, for polical, social, or
humanitarian reasons. Such excepons to the principle of equality in
public employment are commonly referred to as reserved posts. They
28 Issue No. (17) August 2025
Studies in Human Rights
are designed as a form of compensaon or social protecon for these
groups, whereby a specic quota of posts is allocated to them, provided
they meet the eligibility requirements, without compeon from other
cizens.
This study will address the following:
First: The Legislative Basis of the Principle of Equality in
Holding Public Office
The majority of constuons around the world, including the
Egypan Constuon, uphold the principle of equality among individuals
in holding public oce, as it is a universal constuonal principle.
Accordingly, appointments to public posions are subject to foundaons
and rules that are almost constant across dierent countries. Thus, the
relevant authority is obligated not to discriminate between candidates
on grounds related to gender, polical views, or religious beliefs.
Therefore, the Egypan legislator has ensured the safeguarding of
the principle of equality among all cizens, beginning with the 1923
Constuon, which spulated in Arcle (3) that: “Egypans are equal
before the law. They are equal in enjoying civil and polical rights and in
bearing public dues and obligaons, with no disncon made among
them on the basis of origin, language, or religion. Public oce shall be
entrusted to them alone.”
The 2014 Constuon spulated in Arcle (14) that: “Public
posts are a right for cizens on the basis of merit, with no favorism
or mediaon. Public posts are an assignment in service of the people.
The State ensures the rights and protecon of civil servants, and that
they shall perform their dues in service of the interests of the people.
They may not be dismissed outside of disciplinary acon except in those
situaons set out by law.”
It also spulated in Arcle (53) that: “Cizens are equal before the
law, possess equal rights and public dues, and may not be discriminated
against on the basis of religion, belief, sex, origin, race, color, language,
29 Issue No. (17) August 2025
Studies in Human Rights
disability, social class, polical or geographical aliaon, or for any other
reason. Discriminaon and incitement to hate are crimes punishable by
law. The State shall take all necessary measures to eliminate all forms
of discriminaon, and the law shall regulate the establishment of an
independent commission for this purpose.”
Arming this, the Supreme Constuonal Court, in a recent ruling
dated 8 March 2025, stated that: “Successive Egypan constuons,
since the 1923 Constuon, have consistently enshrined public rights
and freedoms within their core, with the intent of the constuonal
legislator being that their inclusion in the Constuon would act as a
restraint on the ordinary legislator in enacng laws, within the limits
prescribed by the Constuon for each. Should the legislator, in
enacng legislaon, violate this constuonal guarantee or deviate
from the framework prescribed by the Constuon—by restricng a
freedom or a right, or nullifying or diminishing either, under the guise
of constuonally permissible regulaon and contrary to its governing
standards—then such legislaon would be in conict with the provisions
of the Constuon.”
The ruling further emphasized that Arcle (4) of the Constuon
establishes the principle of equality, alongside the principles of jusce
and equal opportunies, as the foundaon for building society and
preserving its naonal unity. To reinforce this, Arcle (53) guarantees
equality for all cizens before the law in rights, freedoms, and public
dues, without discriminaon for any reason. However, as the Court
claried, this does not mean that groups with dierent legal standings
must be treated idencally under the law. Nor does this principle reject
all forms of dierenaon, as some disncons are based on objecve
grounds and thus do not violate Arcles (4) and (53). The prohibited
form of discriminaon is arbitrary discriminaon. The foundaon of
this is that every legislave regulaon is not an end in itself, but rather
a means to achieve specic objecves whose legimacy is ed to the
public interest pursued by the legislator through such regulaon.
30 Issue No. (17) August 2025
Studies in Human Rights
Guarantees of Achieving the Principle of Equality in Holding Public
Oce:
The Egypan legislator spulated in Arcle (12) of the Civil Service
Law No. 81 of 2016 that: “Appointments shall be made by a decision
issued by the President of the Republic or his delegate, based on merit
and competence, without favorism or mediaon, through a public
announcement on the Egypan Government Portal, which shall include
data related to the posion and its requirements in a manner that
ensures equal opportunies and equality among cizens.”
Second: Exceptions to the Principle of Equality in Public
Employment
The general rule is that all cizens are equal in access to public oce.
However, praccal necessies and humanitarian consideraons may, at
mes, jusfy excepons to this rule. Among these are reserved posts,
which are specic jobs that do not require a high degree of specializaon
or signicant physical capacity. Such posions are allocated to those
injured in war operaons or as a result thereof, as well as to persons with
disabilies. Compeon for these reserved posts is limited exclusively
to these groups.
Legal Regulaon of Reserved Appointments
While the principle of equality makes compeve examinaons
or open contests the best means of lling public oce—ensuring
that posions are occupied by the most qualied candidates—the
constuonal principle of solidarity among cizens has necessitated
excepons to this rule. This is in recognion of individuals who have
made the ulmate sacrice in defending the naon, preserving its honor,
and safeguarding its interests. Modern wars oen bring widespread
destrucon and heavy losses, leaving many injured and unable to work
or liming their ability to do so. Similarly, persons with disabilies may
not be able to compete on equal terms in the open employment system.
31 Issue No. (17) August 2025
Studies in Human Rights
In acknowledgment of their naonal service, in recognion of their
sacrices, and in armaon of their right and that of their families to a
dignied life, many modern states have adopted the system of reserved
posts as an exceponal mechanism for public employment. In this
regard, the Egypan legislator, under Arcle 13 of the Civil Service Law
No. 81 of 2016, provides that:
“Each unit shall allocate no less than ve percent of its total posts to
persons with disabilies. The posions reserved for those injured in war
operaons, revoluon vicms, veterans, and those injured in security
operaons—provided their condion allows them to perform the
required work—shall be determined by a decision of the Prime Minister,
in accordance with the rules set forth therein. Each unit is obliged to
appoint candidates to meet this quota according to its needs. These
posts may also be lled by the spouses, one child, a parent, or a sibling
of the categories menoned above, provided they were dependent
upon them, in cases of total disability or death, if they meet the required
qualicaons. The same applies to the families of martyrs and missing
persons from war operaons, as well as the families of martyrs from
security operaons.”
Furthermore, the legislator has given special consideraon to
persons with disabilies. Arcle 22 of the Law on the Rights of Persons
with Disabilies No. 10 of 2018 spulates that:
“The governmental, non-governmental and every employer
who has twenty workers or more, whether employed in one place or
dierent places, regardless of the nature of their work, shall appoint at
least (5%) of the total sta from among persons with disabilies who are
nominated by the Ministry concerned with labor aairs and its aliated
administrave authories according to the registry referred to in the
previous Arcle (21). The Council shall coordinate with the competent
ministry to monitor these authories to ensure the abidance by the
employment of the prescribed percentage, the working condions and
employment opportunies of persons with disabilies as well as all the
32 Issue No. (17) August 2025
Studies in Human Rights
other obligaons spulated in this Law regarding the employment of
persons with disabilies. In all cases, the rules and condions shall be
issued by a decree of the Prime Minister based on the proposal of the
competent minister aer coordinaon with the concerned ministers
within the limits of the prescribed rate for this category.”
Accordingly, it can be concluded that the system of reserved posts
applies only where its legimate raonale exists: namely, the protecon
of those for whose benet such posts are reserved. As an excepon
to the general rule of equality in access to public oce, this system
is limited to lower-level posions within the administrave hierarchy.
The higher the oce, the greater the responsibility and the greater the
physical and intellectual demands required. Therefore, a careful balance
must be maintained between honoring the rights of the beneciaries of
reserved posts and serving the broader public interest in ensuring that
public services funcon eciently, regularly, and without interrupon.
33 Issue No. (17) August 2025
Studies in Human Rights
Journal’s Prole
Robot Judges: A Promise or Threat to The Right to a Fair Trial?
Ayat Khalaf
Chief Judge, Technical Oce
of the Court of Cassation,
LLM in International and Comparative Law,
American University in Cairo.
Introduction
Arcial intelligence is considered one of the most important
outcomes of the Fourth Industrial Revoluon. It is the fruit of ancient
history of the evoluon of psychology and philosophy in revealing how
the human brain works as well as the theorems of cognive learning,
raonalizaon, computaon, and algorithms. Being a comprehensive
term of a series of advanced technologies that the world witnessed over
the past decades, AI connues to escape denion as per the perspecve
it is dened from. Broadly, AI is the branch of science whose concern is the
intelligent machinery, or the ability of machines to smulate the human
mind and how it works. This allows the machines to learn by experience,
adapt, and adjust to new realies by thinking like humans without their
intervenon. In this regard, AI can be divided into two categories as per its
strength: weak AI and strong AI, nong that they have main characteriscs
in common.
An AI system is considered to be weak when it is only able to develop
algorithms responding to a new situaon in the context drawn by the
programmer. In this type of AI, the systems or the machines merely
imitate intelligent human behavior. Photo recognizers and translators are
some examples of weak AI.
1On the contrary, strong AI, whose potenal is to exceed human
intelligence2 , and will be able to decide independently without resorng
to humans. So far, there are no examples of this kind, but it can be foreseen
34 Issue No. (17) August 2025
Studies in Human Rights
to exist shortly. Whatever how strong an AI system is, they share the same
main features3.
The main characteriscs of AI include a degree of independence, being
virtual, not physical, and integrated into physical devices. Accordingly, AI
could be dened as a system, that is embedded in hardware and depends
on soware, and shows smulang behavior of intelligence in a bundle
of funcons including data gathering and analysis, and takes independent
procedures towards certain goals.4 One of the funcons performed by AI
is the legal pracce.
All over the world, courts have been integrang AI into their systems
whether administrave or procedural funcons. In this regard, “AI
systems can automate the management of documents, workows, and
databases, the provision of legal informaon».5 For example, Anoppi, the
AI project held by the Finnish Ministry of Jusce, is trained to «recognize
keywords in a text and uses them as search terms or the exploraon of
a legal document and its linking with relevant legislaon or case law”.6
In addion, an AI system is also used in the hearing proceedings in
the courtroom. Hungary iniated to use of AI in «speech recognion
and transcripon»7 instead of the “judicial clerks in wring down the
courtroom proceedings or internal meengs”8 to minimize me spent in
this process. Furthermore, AI enhances post-sentencing and enforcement
procedures. For instance, the French Ministry of Jusce has «authorized
the development of an algorithm that extracts data from texts of cases
concerning compensaon for physical damage»9 so that it could be
used to predict the potenal dispute resoluon in terms of the sum of
the compensaon in similar cases.10 The rapidly increasing use of AI
technologies in the administraon of jusce has raised the queson of
AI-driven adjudicaon, or more specically, robot judges. Is it possible for
jusce to replace human judges with robots?
Therefore, this paper argues that despite the unprecedented role of
AI in accelerang jusce, human judges cannot be completely replaced by
robots. Otherwise, the right to a fair trial will be endangered due to the
lack of transparency, fairness, imparality, and discreon.
35 Issue No. (17) August 2025
Studies in Human Rights
The concept of robot judges
The word «robot» originates from the Czech word «robota,» meaning
work or forced labor.11 These days, a «robot» is an arcial intelligence
device that can carry out tasks automacally or with human oversight
from a distance.12 Thus, a roboc judge is a machine made especially to
render decisions using arcial intelligence.13 In legal pracce, computer
programs known as roboc judges preside over trials and hearings in
the legal system or other administrave sengs, and eventually, make
decisions.14 The whole process aims at ensuring eciency in doing jusce.
Dispensing jusce goes beyond the mere applicaon of laws and
terms. It is a social process that includes intricate relaonships with
individuals, conict selement, case management, public and specialized
educaon iniaves, social cricism, and adjudicatory dues carried
out in conjuncon with other judges or, in certain jurisdicons, juries. 15
In this context, AI is planned to have a more essenal role in decision-
making. For example, Estonia is experimenng with AI to decide on a few
minor claims.16 Besides, China has integrated AI into the legal system by
introducing precedent recommendaon systems that help human judges
formulate decisions depending on previous rulings.17 These examples, on
the one hand, show the increasing tendency towards robot judging that
depends on predicons and self-learning. On the other hand, concerns
are raised about the right to a fair trial as a fundamental principle of a
democrac society.
Robot judges and the right to a fair trial
the right to a fair trial is entrenched in internaonal human rights
charters. According to Arcle 6 of the European Convenon on Human
Rights ECHR, everyone is entled to a fair trial.18 In the same vein,
the Universal Declaraon of Human Rights ensures that “Everyone is
entled in full equality to a fair and public hearing by an independent
and imparal tribunal”.19 A fair trial does depend not only on imparality
but also on judicial eciency in the courtroom and outside. It is a
noon that aims at achieving jusce without wasng the court’s me or
36 Issue No. (17) August 2025
Studies in Human Rights
resources,20 and eventually, upholding the society’s social and economic
growth. In determining whether someone has had a fair trial or not, the
enre trial process, including all of the proceedings, is considered.21 In
the administraon of jusce, Judges bear the burden of maintaining and
guaranteeing fairness throughout the enre process, not just at specic
points, by acng like monitors.22 The highly integrated AI in the jusce
administraon renders the robot judge potenal as a decision maker. in
this regard, AI plays an essenal role in enhancing the judicial process and
how jusce is administered.
Regarding the administraon of jusce, AI eciently levels up the
accuracy and speed of ligaon. It starts with pung cases into order
according to their priority. It provides a summary of the most highlighted
facts and legal issues. It can also apply the law and the legal principles to
the cases in queson and decide on them. In this hypothesis, the more the
law is clear and well-established, the more precise results are reached. This
helps reduce the me human judges take to reach the nal decision on a
certain case. 23 Now, AI goes beyond human judges’ assistance in making
their judgments. AI can analyze the case and decide on it depending on
the previous experience of the precedents. An AI judge is, in its essence,
an AI-powered legal research plaorm. 24 Employing natural language
processing (NLP) and machine learning algorithms 25 , it reads through the
enre document to nd relevant details, including important legal issues,
relevant facts, and the arguments put forth by each party. Using machine
learning algorithms, the AI-powered plaorm gradually enhances its
capacity to produce accurate and helpful case summaries over me. In
other words, a system uses data analycs derived from previous cases to
predict the outcome of the exisng cases and decide on them. 26 This type
of AI system uses algorithms to idenfy the paerns of human judges and
make decisions based on them. It uses informaon on the most relevant
consideraons of the dierent cases in forecasng the outcome of the
shown one. This process is called machine learning algorithms. 27 By
repeang this process, a system gains a large deal of data and informaon
that allows it to be ‘intelligent’. This also allows for advanced funcons in
the legal domain, which raises more quesons of its fairness.
37 Issue No. (17) August 2025
Studies in Human Rights
Despite the increasing popularity of AI usage in jusce administraon,
the potenal of robot judges is highly controversial in terms of fairness.
That is because AI constutes one of the contemporary social changes
that law must cope with. It has been argued that “[o]ur queson should
not be whether AI judges are perfectly fair, only whether they are at least
as fair as human judges” 28 . Concerning the robot judge, the funcon of
the judicial profession has to be addressed rst in order to determine “the
meeng point between AI and law” 29 .
Judges are considered to be a vital part of society’s moral compass.
They are perceived as social builders. In order to issue their decisions,
they have to weigh the evidence, facts, circumstances, and legal issues.
For this purpose, “judges also need to have the capacity for empathy,
support, and compassionate communicaon with a variety of people” 30
as well as the legal knowledge. Being the one ascribed to ensure jusce, a
judge constutes the paramount of the juridical process. In this context,
the queson of replacing human judges with fully automated systems is
at stake. AI judges must be able to successfully handle all judicial dues,
including those that require a «human touch,» if it is to eventually replace
human judges.31 Recent research has shown that contrary to popular
belief that judges are essenally human and won’t likely be replaced by
automaon, arcial intelligence (AI) is capable of carrying out several
dues associated with the role more successfully and transparently.32
However, it seems to be not easy to replace human judges with robots.
Although the goal of arcial intelligence (AI) is to increase accuracy and
eciency, there are worries about how ligants will view AI judges and
whether or not they will accept their rulings. In addion, there is fear
of the potenal bias of AI systems due to the data biases that feed an
AI system. Moreover, many factors can aect ligants’ acceptance of AI
judgments such as transparency, fairness, trust, imparality, and lack of
discreon. 33
As per transparency, how the AI judge has reached the decision must
be understood by ligants. Opportunies for decision acceptance increase
when «ligants [are] given explanaons of how the AI judge reached
38 Issue No. (17) August 2025
Studies in Human Rights
its decision”. 34 Otherwise, they could have felt unfair and «lost faith in
technology» 35 . In the same vein, fairness constutes a crucial component
in the acceptance of AI judges’ decisions. The unbiased and imparality
of the AI judge must be trusted by the ligants, otherwise, it would be
less likely accepted. Moreover, the AI’s capability of «comprehending the
complexies of human behavior and emoons» 36 also aects its decision
acceptance. Also, a trustworthy AI judge is supposed to be unbiased.
The possible biases in the data used to train AI judges have raised some
reasonable concerns. The AI judge may make biased decisions if the data it
was fed on is biased. This happens when the data lacks diversity and does
not represent the populaon.37 The fear of bias increases by using biased
data in training AI judges. In this case, “If the data used to train the AI is
biased, the algorithm’s results may be biased as well, leading to unjust
and discriminatory decisions”38 . This leads to enshrined biases in the
legal system. Necessarily, ligants will reject decisions that are unfair and
discriminatory as a result of this. Furthermore, AI decisions need to be
trustworthy. Ligants “must have faith that the AI judge is making decisions
in their best interests” 39 . The less they trust the AI system, the less they
accept its decision, and hence, the less they use technology aerward.
40 Finally, lack of discreon construes one of the major obstacles before
AI judges. While human judges weigh up several factors in making their
decisions such as the background and circumstances of the case, an AI
judge makes a decision based on” based on data and stascal analysis”
41 . It operates “according to a set of predened rules and algorithms,
liming their ability to make subjecve decisions based on the specic
circumstances of a case” 42 . Given that an AI judge is unable to show
empathy or mercy, it could not understand the underlying movaons
of human behavior or personal circumstances such as mental health.
Consequently, their decision would lack discreon and the outcome
would seem unproporonate to the wrongdoing.
Seng out of the aforemenoned vital role of the judge in society, it
can be said that fully automated judicial decision-making has reasonable
threats to a fair trial. AI judgment depends mainly on algorithms and
data analysis derived from the facts and parameters given by humans or
39 Issue No. (17) August 2025
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autogenerated. It can recommend or suggest a decision under human
supervision. It can also carry out the procedures mentored by humans.
In doing so, it exceeds human speed with a high level of accuracy. This
results in reducing the me needed to decide a case, and consequently,
reducing the backlog of cases in the courtroom, which serves the best
interest of achieving a fair trial. However, given the ambiguity of the terms
«fairness» and «fair trial,» it would be very challenging for a machine to
decide solely whether the defendant received a fair trial. 43 It is challenging
for an AI system to combine this variety of skills, which include reasoning,
invesgaon, language, creave problem-solving, social skills, etc. 44 In
making decisions, judging involves a variety of social factors and human
values that are outside the purview of exisng AI technology. 45 Thus,
it would seem appropriate to have a semi-automated decision-making
process where judges can use AI to help them make decisions that are
more consistent, ecient, and fair, and a human can sll maintain oversight
and, if needed, exercise discreon by overriding the algorithm. 46 Besides,
the AI system can level up the judges’ professionalism by providing them
with more juscaon for their decisions out of the paerns idened
by an AI system. Therefore, making sure the judiciary doesn’t give undue
weight to an AI system’s supposed or perceived objecvity or accuracy is
crucial. Also, the legal reasoning must be the focal issue rather than the
nal decision in considering fairness. This means that despite being able
to solve the legal dispute just like a human judge, an AI judge does not
have the capability of “taking into account the social context and other
human values which a machine is not able to grasp” 47 .Also, “there is no
guarantee that machines can handle the nuances of the law eecvely”48 .
For these reasons, it is suggested that “judges remain human and that AI
systems remain tools that provide assistance and support”. 49
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Conclusion
In conclusion, judges remain the paramount of and legal system.
Their profession exceeds mere deciding the disputes at hand to a societal
role. They interact with the cases before them legally, raonally, and
emoonally. In addion, they have the authority to play such a role,
which eventually leads to the acceptance of their decisions. All of these
consideraons form guard rails for the right to a fair trial. In this regard,
AI has countless opportunies to enhance the decision-making process.
Nonetheless, it is risky to foresee AI-driven decisions. The AI judges are
not immune from the undesired consequences of technology that may
threaten the right to a fair trial. One signicant concern is the inability
to use discreon. Lack of transparency and potenal bias also limit the
potenal of AI judges to replace human judges. To migate the risk of AI
usage in legal proceedings, it is important to establish clear and precise
guidelines for its use that regulate the standards of data collecon and
storage to cope with the requirements of transparency and fairness.
This needs collaboraon between policymakers, legal professionals, and
researchers to address these concerns.
References
1. riḍā ạlʿabdi، ạlsẖãkẖṣīãẗu ạlqānūnīãẗu ạlạifrāḍīãẗu naḥwa ạlạiʿrā
biạlsẖãkẖṣīãẗi ạlqānūnīãẗa llrwbwtạt ạlmuzawãdaẗa biạldẖãkāʾi ạlạiṣṭināʿīĩ,
at 18.
2. Id, at 53.
3. Id.
4. Id, at 44.
5. Kalliopi Terzidou, The Use Of Arcial Intelligence In The Judiciary And Its
Compliance With The Right To A Fair Trial, 157, at hps://papers.ssrn.com/
sol3/papers.cfm?abstract_id=4495715
6. Id, at158.
7. Id.
41 Issue No. (17) August 2025
Studies in Human Rights
8. Id.
9. Id.
10. Id.
11. Chukwunoyenim Okoh, Roboc Judges: A Future To Desire Or Not?, at 2.
12. Id.
13. Id.
14. Id.
15. T Sourdin, Ocers, Judge V Robot? Arcial Intelligence And Judicial
Decision-Making, Handbook for Judicial ocers, 1 October 2021.
16. Eric Niiler, Can AI Be a Fair Judge in Court? Estonia Thinks So, WIRED (Mar.
25, 2019, 7:00 AM), hps://www.wired.com/story/can-ai-be-fair-judge-
court-estonia-thinks-.
17. See Ray Worthy Campbell, Arcial Intelligence in the Courtroom: The
Delivery of Jusce in the Age of Machine Learning, 18 COLO. TECH. L.J. 323,
343 (2020).
18. Arcle 6, ECHR, at hps://www.echr.coe.int/documents/d/echr/
convenon_ENG
19. Arcle 10, UDHR, at hps://www.un.org/en/about-us/universal-
declaraon-of-human-rights#:~:text=Arcle%208,the%20constuon%20
or%20by%20law.
20. Benjamin Minhao Chen, Alexander Stremitzer, Kevin Tobia, Having Your
Day In Robot Court, Harvard Journal of Law & Technology Volume 36,
Number 1 Fall 2022, at 162.
21. ECTHR, Ankerl v. Switzerland, no. 17748/91, 23 October 1996.
22. Simonis M, Eecve Court Administraon and Professionalism of Judges
as Necessary Factors Safeguarding the Mother of Jusce-the Right to a Fair
Trial, Internaonal Journal for Court Administraon, 10 (1): 47–58 (2019).
23. Supra note 20, at 162.
24. Id.
25. Id.
26. Id.
42 Issue No. (17) August 2025
Studies in Human Rights
27. Id.
28. Eugene Volokh, Chief Jusce Robots, 68 DUKE L.J. 1135, 1169 (2019).
29. Supra note 11.
30. Id.
31. Jasper Ulenaers, The Impact of Arcial Intelligence on the Right to a Fair
Trial: Towards a Robot Judge?, Asian J Law Econ 2020; 11(2): 20200008, at
17.
32. Supra note 11.
33. Id.
34. Id.
35. Id.
36. Id.
37. Id.
38. Id.
39. Id.
40. Id.
41. Id.
42. Id.
43. Supra note 31, at 17.
44. Id.
45. Id.
46. Id.
47. Morison, J., and A. Harkens, Re-Engineering Jusce? Robot Judges,
Computerised Courts and (Semi) Automated Legal Decision-Making, Legal
Studies 39 (4): 618–35 July (2019).
48. Kugler L., AI Judges, and Juries, Communicaons of the ACM 61 (12): 19–
21 (2018)
49. Supra note 31, at 17.
43 Issue No. (17) August 2025
Studies in Human Rights
Journal’s Prole
Implications of Articial Intelligence on Economic,
Social, and Cultural Human Rights
Noha Amr Ismail Farag
PhD in Political Economy,
Faculty of Law,
Mansoura University
Abstract
In light of the rapid advancement of arcial intelligence technology,
the implicaons for economic, social, and cultural human rights are
increasing. AI applicaons contribute to improving the standard of living,
enhancing access to educaon and healthcare, as well as providing job
opportunies. Furthermore, arcial intelligence technologies can
promote the right to parcipaon and access to informaon, while
improving the eciency and eecveness of public decision-making. This
helps maximize the use of available resources to realize economic, social,
and cultural rights. In summary, arcial intelligence holds great potenal
for advancing the public good for humanity.
At the same me, arcial intelligence poses signicant risks,
parcularly concerning the protecon of human rights, and oen results in
unintended consequences of scienc and technological advancements.
Therefore, the acquision of new technologies, especially arcial
intelligence technologies, should be accompanied by measures to promote
and protect economic, social, and cultural rights, with a parcular focus
on empowering and building the capacies of the poor and marginalized
to fully benet from these technologies. Access to employment
opportunies, educaon, healthcare services, and other public services is
crucial for this empowerment. Thus, if arcial intelligence technologies
are harnessed and distributed fairly, they can signicantly contribute to
the enhancement of economic, social, and cultural rights.
44 Issue No. (17) August 2025
Studies in Human Rights
Introduction
Arcial intelligence technologies hold immense potenal and far-
reaching impacts on the realizaon of economic, social, and cultural rights,
as well as all other human rights. AI can lead to rapid improvements in the
quality and accessibility of many essenal services and products to fulll
economic, social, and cultural rights. However, it also entails signicant
risks regarding the potenal exacerbaon of exisng gaps and inequalies.
Regardless of automaon, economic and social human rights are
contenous and represent the most challenging category in the eld
of human rights. Many countries, scholars, and even states pares to
internaonal human rights laws do not view economic and social rights as
fundamental rights, and they hesitate to take the bold step of designang
them as basic human rights in their naonal constuons or even including
them among «enforceable» human rights. Furthermore, people are more
familiar with civil and polical rights than with social, economic, and cultural
rights, and rarely do private, public, or non-governmental organizaons
focus on acvies related to economic, social, and cultural rights.
In this report, we will focus on the impact of arcial intelligence on
key economic, social, and cultural human rights, as follows:
1) Right to work
The global wave of technological changes is having a profound impact
on the future of jobs, posing both opportunies and challenges for
realizing the right to work, including the enjoyment of just and favorable
working condions. Automaon and new technologies are creang new
job opportunies while eliminang others.
There is a near consensus among researchers that the impact of
arcial intelligence should be understood not only in terms of its ability
to destroy jobs but also in terms of its capacity to bring about signicant
changes in the nature and content of the remaining jobs. Failing to
understand this leads to exaggerated claims about mass unemployment.
Therefore, the overall impact of arcial intelligence on the right to work
45 Issue No. (17) August 2025
Studies in Human Rights
can be determined by the interacon between displacement eects,
producvity, and reallocaon.
A) Displacement eect
One of the earliest studies to suggest that arcial intelligence will
lead to the «end of jobs», where mass unemployment becomes the
norm, is the 2013 study by Carl Benedikt Frey and Michael Osborne
from the University of Oxford. This study analyzed 702 occupaons in
the United States based on «computability probability»—otherwise
described as «machine learning and mobile robocs»—and concluded
that approximately 47% of total employment in the United States falls
into the «high-risk» category.
A study by Pajarinen and Rouvinen in 2014 esmated that the share
of jobs at risk of automaon is approximately 35% in Finland. Similarly,
another study in 2015 esmated that the share of jobs at risk of automaon
reaches 59% in Germany. Meanwhile, Bowles found in 2014 that the
share of jobs at risk of automaon in Europe ranges from 45% to over
60%, with the workforce in Southern Europe facing the greatest exposure
to potenal automaon. In France, a consulng rm, Roland Berger,
esmated that 42% of jobs were threatened within a similar meframe.
Addionally, the Khazanah Research Instute in Malaysia concluded that
about 54% of all jobs in Malaysia are at signicant risk of being eliminated
due to automaon over the next two decades.
According to data from the Internaonal Federaon of Robocs,
the pace of transion towards the use of smart machines is accelerang
worldwide. In 2016, there were approximately 74 industrial robots for
every 10,000 human workers, and by 2020, this number had risen to 113
per 10,000 human workers in the manufacturing sector. The global industry
welcomes about 422,000 robots annually. A study by the consulng group
Oxford Economics predicts that robots will take over around 20 million
jobs worldwide by 2030. This aligns with another study by Acemoglu &
Restrepo (2017), which argued that each unit increase in the robot-to-
worker rao would reduce jobs by approximately .18% to .34% and wages
by about 0.25% to 0.5%.
46 Issue No. (17) August 2025
Studies in Human Rights
According to the Future of Jobs Report published by the World
Economic Forum in 2023, it is expected that nearly a quarter (approximately
23%) of current jobs will undergo signicant changes in the next ve years,
by 2027. The report ancipates the creaon of around 69 million new jobs
while approximately 83 million jobs will be displaced from a total of 673
million recorded jobs in the database, resulng in a net decrease of about
14 million jobs.
B) Producvity eect
Contrary to the percepon of many that human employment
rates are declining due to automaon and the replacement of humans
by technologies from the Fourth Industrial Revoluon and arcial
intelligence in numerous jobs, there will be signicant growth in job
opportunies and demand for certain human roles, unlike the current
situaon. In fact, some countries will experience a shortage of human
labor and will open their doors to welcome new migrants from other
naons to ll the gaps in their labor markets. While the Fourth Industrial
Revoluon may eliminate jobs in more than four sectors that are unlikely
to be in demand in the future, it will also create millions of jobs across
more than 14 new sectors that did not previously exist.
To conrm this, although the robot-to-worker rao in 2018 was at its
highest levels in Germany, Singapore, and South Korea, employment rates
remained high in these countries despite the increased prevalence of robots.
Esmates also indicate that technological changes replacing roune work
created over 23 million jobs across Europe between 1999 and 2016. Although
some have predicted that robots will steal up to 20 million manufacturing
jobs worldwide by 2030, jobs in the manufacturing sector posted on the
ZipRecruiter marketplace actually grew by 84% in 2018, outpacing growth in
nance, insurance, and business and professional services.
There are several reasons why predicons of mass unemployment can
be misleading, the most signicant of which is that they fall vicm to what
economists call the «lump of labor fallacy». This concept revolves around
the idea that there is only a xed number of jobs to be done in the economy,
and if humans are replaced by machines, those jobs are lost permanently.
47 Issue No. (17) August 2025
Studies in Human Rights
Another important point is that AI and automaon will enable
enrely new forms of value creaon that don’t displace people but
instead combine their capabilies in innovave ways to create new forms
of value and new opportunies. Consider Waze, a GPS navigaon service
that provides turn-by-turn navigaon informaon, travel mes, and
route details. It would take thousands of people to do what Waze’s AI
accomplishes every morning, but one would never think of going out and
hiring all those people; the service creates eciencies and value without
replacing anyone. A factory environment could provide a similar dynamic,
for instance, by using AI to predict when one out of every several thousand
parts or components might break in a producon machine, or in a product
such as a jet engine or wind turbine. As Rockwell Automaon’s Dave
Vasko notes, no manufacturer would ever hire 1,000 people to inspect
every element every hour in order to detect failures. AI will enable new
forms of work, such as predicve maintenance, that previously could only
have been performed by 1,000 people—but it doesn’t necessarily replace
them. In other words, AI will make enrely new forms of value creaon
possible, oen in ways that don’t replace workers but rather create new
opportunies for them.
C) Reposion
It should not be assumed that adapng to the changing labor market
resulng from rapid automaon will be a smooth, quick, and inexpensive
process. Automaon alters the nature of exisng jobs, and reallocang
workers from current roles and tasks to new ones is a complex and oen
slow process. Workers require me to nd new jobs and tasks where they
can be producve, and periods of layos from their current posions can
lead to a downturn in both local and naonal labor markets, increasing
the costs of adaptaon. Governments can implement a range of policies
to enhance the dynamic eciency of this transional process, including
an automaon tax, promong higher levels of educaon and skills, and
strengthening social safety nets.
We tend to believe that the issue is not that arcial intelligence will
lead to mass unemployment. Instead, workers may either lack the skills or
48 Issue No. (17) August 2025
Studies in Human Rights
the ability to successfully adapt to the new jobs that will be created by AI.
Therefore, we should not develop any policies based on the assumpon
that workers will be abandoned in their employment. Rather, our primary
goal should be to enhance skills and training, assist with job searches, and
support other labor market instuons to ensure that people can secure
jobs. This approach would directly address the employment challenges
posed by arcial intelligence more eecvely than any other policy.
2) Right to education
Educaon is both a human right in itself and an indispensable
means of realizing other human rights. It is key to liing people out of
poverty, empowering women, safeguarding children and protecng the
environment. Educaon and learning are crical in preparing countries
and their cizens for changes resulng from the accelerated development
and spread of technological innovaons, in order to maximize their
benets while minimizing potenal risks.
According to recent data from the UNESCO Instute for Stascs,
there are approximately 263 million children and youth out of school. This
includes 25 million children of primary school age who may never set foot
in a classroom, while only 14% of youth complete secondary educaon
in low-income countries. As a result, UNESCO esmates that the world
will need to hire and train an addional 69 million teachers to ensure
that all young people have access to a quality educaon, as shown in the
following gure.
49 Issue No. (17) August 2025
Studies in Human Rights
Figure 1: Global Numbers of Teachers needed to achieve
Universal Primary and Secondary Educaon by Five-Year Intervals:
2020, 2025, and 2030.
Source: UNESCO Instute for Stascs, THE WORLD NEEDS ALMOST 69
MILLION NEW TEACHERS TO REACH THE 2030 EDUCATION GOALS, 2016, p.2,
available at: hps://unesdoc.unesco.org/ark:/48223/pf0000246124
We nd that the workload of teachers aects the retenon of exisng
teachers and the recruitment of new ones at a me when the number of
school-age children connues to rise. For example, in England:
• Teaching is one of three professions with the highest reports of
stress and depression, according to the 2017/18 Labour Force
Survey.
50 Issue No. (17) August 2025
Studies in Human Rights
• In 2016-17, 9.9% of teachers in England le the profession.
• In December 2018, the government failed to reach its target
for recruitment for secondary schools in England for the sixth
consecuve year.
Therefore, there are indicaons that the government is keen to
support arcial intelligence technologies in educaon. As Damian Hinds,
Secretary of State for Educaon, said recently: «Teachers should not have
to email outside of oce hours and should instead embrace innovave
technology such as AI to help reduce their workload».
In the neediest schools in the United States, for example, teacher
turnover tops 16% per annum. In the United Kingdom, the situaon is even
worse, with 81% of teachers considering leaving the profession altogether
because of their workloads. In a recent McKinsey survey, nearly a third of
American K-12 teachers — or nearly 900,000 teachers — are thinking of
leaving their jobs before the next school year.
This is where arcial intelligence technologies come into play in
educaon. AI helps reduce teachers’ workloads by automang a range
of tasks (such as assessment, plagiarism detecon, administraon, and
feedback); providing insights into student progress; and assisng teachers
in innovang and experimenng (for example, facilitang dierent
teaching methods or helping teachers organize students into small groups
based on shared characteriscs).
On the other hand, arcial intelligence technologies benet students
by moving away from a «one-size-ts-all» approach to learning, enabling
them to learn at their own pace or customize educaonal materials to
align with their specic interests. These tools are used by learners in the
classroom, parcularly in classes with signicant mixed abilies, where
teaching through a single instructor providing direct instrucon can be
more challenging.
Arcial intelligence systems have demonstrated their eecveness
in educang students with disabilies—such as visual or hearing
impairments, social skills decits (language and communicaon), and
51 Issue No. (17) August 2025
Studies in Human Rights
other disabilies—enabling them to benet from educaon. Wearable
devices that ulize AI can assist visually impaired students in reading
books and recognizing faces, thereby facilitang learning and social
interacon within their communies. Addionally, technologies like AI-
supported augmented reality (AR) and virtual reality (VR), along with
robocs, support the learning of students facing health disabilies and
mental health issues. For example, students with ausm can explore and
enhance social skills through interacon and collaboraon with virtual
characters and digital objects in the classroom.
Therefore, in light of the above, we see the necessity of carefully
considering the potenal benets of arcial intelligence applicaons in
educaon. AI technologies in educaon herald the emergence of a «fourth
educaonal revoluon», aimed at providing every learner, wherever they
are in the world, with access to high-quality, personalized, and inclusive
lifelong educaon, both formal and informal.
3) Right to health
Arcial intelligence technologies play an important role in realizing
the right to health and universal health coverage for all. Arcial
intelligence and big data are being used to develop new medicines,
provide personalized treatment plans, improve the eciency of care
delivery, expand access to prevenve, diagnosc, and treatment services,
provide health educaon, and enhance knowledge and research.
The economic and social impact of arcial intelligence in healthcare
The economic impact of arcial intelligence in medicine and
healthcare has been esmated at astonishing gures. In the United States,
AI applicaons in medicine could save $150 billion in annual healthcare
costs by 2026. Another study esmates that AI in healthcare could create
value ranging from $2 trillion to $3 trillion, depending on how it is ulized
in the sector. The social and economic impact of AI on European health
systems has also been assessed by esmang the number of lives saved,
cost savings, and hours saved for healthcare providers, leading to the
following conclusions:
52 Issue No. (17) August 2025
Studies in Human Rights
• AI applicaons in healthcare could save 380,000 to 403,000 lives
per year (that’s the populaon of a medium-sized city).
• they could save €170.9 to €212.4 billion annually (which is
approximately 12% of total European healthcare expenditures in
2018).
• AI applicaons have the potenal to save 1.659 million to 1.944
million hours each year (the equivalent of an addional 500,000
full-me healthcare professionals). This would allow healthcare
providers to devote signicantly more me to high-value acvies.
Despite the above, The use of big data and arcial intelligence in
the health context poses signicant risks to paents’ right to privacy
regarding sensive health data and other personal informaon. With the
growth of consumer health technologies such as wearable technology
and smartphone applicaons, the creaon, processing, exchange and
sale of vast amounts of health data have increased worldwide. This trend
accompanies the increased risk of inadvertent disclosure of sensive
health-related paent data from healthcare instuons, but also of
unwarranted sharing with third pares. A further concern is the ability of
arcial intelligence to infer and predict health condions that individuals
have not voluntarily disclosed, which may result in the denial of health
insurance. Policy frameworks for the right to health need to protect the
right to privacy and security in the use of digital health technologies such
as biometric idencaon. Suitable regulaon is also needed to ensure
the quality and safety of soware products, devices and applicaons
that not only are used in primary health care, but also may be directly
marketed or otherwise available to individuals.
53 Issue No. (17) August 2025
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