Rights by Design: Opportunities for Human-Rights-Centred Regulation of Emerging Technologies

Author: Tenille E. Brown

Abstract

This article considers the seemingly ever-growing creation, use and mainstreaming of emerging technologies. The author argues that a principled approach to regulating emerging technologies, centred on the promotion and realization of human rights, has yet to be established in the development and application of technology. To address this, the author proposes adopting a “rights-by-design” approach to technology. The article explores the utility of core international human rights treaties, which set the standards for achieving human rights objectives through technology. While the international system of human rights has addressed technological innovation through initiatives, laws, directives and decisions, these frameworks have not been widely adopted by technologists who are continually developing new technologies. The author argues that similar to the “privacy-by-design” framework, a “rights-by-design” approach should be adopted. This would help integrate human rights discourse not only in the regulation of emerging technologies but also in their development.

Resume

Assistant Professor, Bora Laskin Faculty of Law, Lakehead University. Professor Brown holds an LL.M. from the University of Ottawa in the field of Aboriginal law and the then-draft International Declaration on the Rights of Indigenous Peoples, and an LL.B. (Scots law) (Honours) from the University of Dundee, Scotland, where she graduated high school before immigrating to Canada.

Recommended Citation

Tenille E. Brown, “Rights by Design: Opportunities for Human-Rights-Centred Regulation of Emerging Technologies” (2025) 12:2 Can J Hum Rts 227, online: <https://cjhr.ca/download/3211/?tmstv=1754412526&v=3212>.