Bridging Governance Gaps in the Age of Technology: A Discussion on the State Duty to Protect

11 MARCH 2021

11 March 2021

States and other stakeholders have increasingly recognized the need to adopt more effective regulatory and policy responses to the growing risks posed by digital technologies. A variety of States are currently considering regulatory and policy measures to better frame the development and uses of technologies such as artificial intelligence at the national and multilateral level.

An online expert consultation co-organized by the Geneva Academy and the United Nations (UN) Human Rights’ B-Tech Project – which aims to advance the implementation of the UN Guiding Principles on Business and Human rights (UNGPs) in the technology space – discussed regulatory and policy responses to human rights challenges linked to digital technologies.

The UNGPs and the Governance of New Technologies

The UNGPs provide a framework for States to address the governance of new technologies and their impact on human rights. The 30 experts – from government, national human rights institution, business, academia, civil society and the Office of the UN High Commissioner for Human Rights (OHCHR) – discussed the key features of the UNGPS’ State duty to protect pillar and provided comments on a draft foundational paper for B-Tech Project Focus Area 4 that set the frame for the consultation.

The consultation covered all aspects of this pillar, including:

  • States implementing a ‘smart mix of policy and regulatory measures, both nationally and where relevant, via international approaches.
  • Potential opportunities created by trends towards mandatory human rights due diligence, which would apply to a large number of technology companies.
  • Situations where States contract with, partner with, license from or support technology companies (‘State-Business Nexus’).
  • How to increase State capacity and internal policy coherence to address the complexity, scale and fast-evolving nature of the technology industry.

The soon-to-be-published foundational paper serves as a conversation starter on the State duty to protect human rights in the technology space, and policy and legislative incentives to require business to respect human rights.

Passenger scrolling on a phone

Placing Human Rights at the Centre of Policy and Regulation

 ‘Human rights and international human rights law must be at the centre of regulatory frameworks developed to accompany the development of digital technologies. We will continue to collaborate with OHCHR and its B-Tech Project to conduct much-needed research to identify ways of placing international human rights law at the centre of policy and regulation’ explains Dr Ana Beduschi, Associate Research Fellow at the Geneva Academy.

MORE ON THIS THEMATIC AREA

GHRP Diplomat Training News

Strengthening Diplomacy: GHRP Training Course Enhances Engagement with UN Human Rights

5 February 2025

The GHRP’s annual training equipped 19 diplomats with key insights into the UN Human Rights Council’s mechanisms and multilateral processes.

Read more

disops News

Impact of digital disinformation unpacked in new research brief series

9 April 2025

Our new series of Research Briefs examine the impact of digital disinformation and potential solutions for its regulation

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

Universal Declaration of Human Rights Booklet Training

The International Human Rights Standards and System: Monitoring and Implementation Strategies at the National Level

7-11 July 2025

This training course will delve into the means and mechanisms through which national actors can best coordinate their human rights monitoring and implementation efforts, enabling them to strategically navigate the UN human rights system and use the various mechanisms available in their day-to-day work.

Read more

Asian workers working at technology production factory with industrial machines Training

Business and Human Rights

19-23 May 2025

This training course will examine how the UN Guiding Principles on Business and Human Rights have been utilized to advance the concept of business respect for human rights throughout the UN system, the impact of the Guiding Principles on other international organizations, as well as the impact of standards and guidance developed by these different bodies.

Read more

surveillance image of people Project

Human Rights in a Digitalized World: Mapping Risk, Strengthening Regulation and Promoting the Development of International Human Rights Law

Started in August 2023

To unpack the challenges raised by artificial intelligence, this project will target two emerging and under-researched areas: digital military technologies and neurotechnology.

Read more

Cover of the publication Publication

Briefing N° 25: Localizing Multilateralism

published on March 2025

Domenico Zipoli, Ludovica Chiussi Curzi, Kamelia Kemileva

Read more

Cover page of the working paper Publication

AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring

published on January 2025

Milica Mirkovic, Jennifer Victoria Scurrell

Read more