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(48)
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The extent of the adverse impact caused by the AI system on the fundamental
rights protected by the Charter is of particular relevance when classifying an AI system as high
risk. Those rights include the right to human dignity, respect for private and family life,
protection of personal data, freedom of expression and information, freedom of assembly and of
association, the right to non-discrimination, the right to education, consumer protection,
workers’ rights, the rights of persons with disabilities, gender equality, intellectual property
rights, the right to an effective remedy and to a fair trial, the right of defence and the
presumption of innocence, and the right to good administration. In addition to those rights, it
is important to highlight the fact that children have specific rights as enshrined in
Article 24 of the Charter and in the United Nations Convention on the Rights of the Child,
further developed in the UNCRC General Comment No 25 as regards the digital environment,
both of which require consideration of the children’s vulnerabilities and provision of such
protection and care as necessary for their well-being. The fundamental right to a high
level of environmental protection enshrined in the Charter and implemented in Union policies
should also be considered when assessing the severity of the harm that an AI system can cause,
including in relation to the health and safety of persons.
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