Council of Europe - AI Governance (CETS No. 225)

Overview

The Council of Europe (CoE) plays a pivotal role in establishing international legal standards for human rights, democracy, and the rule of law. Recognizing the transformative potential and inherent risks of artificial intelligence (AI), the CoE has led the development of the world's first international legally binding treaty in this domain: the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225). This Convention aims to ensure that activities throughout the lifecycle of AI systems are fully consistent with these foundational values, while also promoting technological progress and innovation.

AI Governance Mandate

The CoE's mandate in AI governance stems from its overarching mission to protect and promote human rights, democracy, and the rule of law across its member states and beyond. The initiative for an international legal framework on AI began in 2019 with the ad hoc Committee on Artificial Intelligence (CAHAI), which explored the feasibility of such an instrument. This work was continued by the Committee on Artificial Intelligence (CAI), established in 2022, which was tasked with drafting and negotiating the text of the Convention. The resulting Framework Convention specifically focuses on the protection and furtherance of human rights, democracy, and the rule of law, rather than economic or market aspects of AI systems.

Key AI Instruments

The central instrument of the Council of Europe's AI governance is the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225). Adopted by the Committee of Ministers on May 17, 2024, and opened for signature on September 5, 2024, in Vilnius, this treaty is unique in its legally binding nature and its broad scope, covering the use of AI systems by public authorities and offering Parties modalities for regulating the private sector. The Convention is technology-neutral to ensure its longevity and applicability to future AI developments.

It establishes several fundamental principles that activities within the AI system lifecycle must comply with: human dignity and individual autonomy, equality and non-discrimination, respect for privacy and personal data protection, transparency and oversight, accountability and responsibility, reliability, and safe innovation. The Convention also mandates a risk-based approach, requiring Parties to identify, assess, prevent, and mitigate potential adverse impacts on human rights, democracy, and the rule of law throughout the AI system's lifecycle.

Implementation Mechanisms

Parties to the Convention are obliged to adopt or maintain appropriate legislative, administrative, or other measures to give effect to its provisions. These measures are to be graduated and differentiated based on the severity and probability of adverse impacts. The Convention introduces requirements for risk and impact management, including the need for methodologies with objective criteria for assessments. It also emphasizes procedural rights and safeguards for affected persons, such as the effective possibility to lodge complaints and the provision of notice when interacting with an an AI system.

A follow-up mechanism, in the form of a “Conference of the Parties” composed of representatives of the Parties, is established to ensure effective implementation. Each Party is required to provide periodic reports on activities undertaken to give effect to the Convention. Furthermore, Parties must adopt or maintain effective mechanisms to oversee compliance, with oversight bodies functioning independently from executive and legislative branches.

Member Engagement

The Framework Convention was drafted through an inclusive process involving the 46 member states of the Council of Europe, alongside observer states such as Canada, Japan, Mexico, the Holy See, the United States of America, and the European Union. A significant number of non-member states, including Australia, Argentina, Costa Rica, Israel, Peru, and Uruguay, also participated. Representatives from civil society, academia, and industry were actively involved as observers in the drafting and negotiation process, ensuring a multi-stakeholder approach. The Convention is open for signature and ratification by non-member states, underscoring its universal ambition.

Current Focus Areas

As of early 2026, the primary focus areas include promoting the signature and ratification of the Framework Convention to bring it into force. The Convention will enter into force after five states, including at least three Council of Europe member states, have ratified it. The CAI is also expected to continue its work, potentially focusing on developing a methodology for the risk and impact assessment of AI systems on human rights, democracy, and the rule of law.

Future Directions

The Council of Europe aims for the Framework Convention to serve as a global standard for AI governance, fostering international cooperation and a coherent approach to AI regulation beyond its member states. The Convention's principles and obligations are intended to constitute a benchmark for societies worldwide, ensuring that AI development and use remain centered on human values and respect for fundamental rights. Continued engagement with diverse stakeholders and the adaptation of implementation mechanisms to evolving AI landscapes will be crucial for its long-term impact.

Resources