AI Governance, Digital Exclusion and Human Rights: Rethinking International Law

The rapid incorporation of Artificial Intelligence (AI) across society offers significant opportunities but also creates complex challenges for fundamental human rights, particularly concerning digital exclusion and algorithmic marginalization. This study is crucial as these challenges are not merely technical issues but represent profound concerns for fundamental human entitlements in the digital age. This scholarly work comprehensively examines these developments through the lens of international legal frameworks. It argues that AI-driven platforms often, even unintentionally, marginalize vulnerable groups—such as those in remote areas, senior citizens, individuals with impairments, and displaced populations—thereby restricting their participation in essential digital infrastructure. The research employs a Doctrinal legal method, analyzing primary and secondary legal sources, and a Comparative approach to evaluate various regulatory frameworks. The investigation explores the juridical gaps stemming from the lack of an explicit right to equitable technological participation in international human rights law. It also analyzes how algorithmic architecture and biased datasets perpetuate societal disparities. Through a comparative evaluation of regulatory frameworks, including the EU's AI Act, UNESCO's ethical guidelines, and OECD's recommendations, the article illuminates ongoing initiatives. Ultimately, this work assesses the efficacy of current international safeguards and proposes innovative juridical constructs, such as an AI oversight authority and systematic algorithmic examination procedures, to ensure transparency and preserve fundamental rights. The investigation champions a reassessment of technological access rights and the formulation of resilient international legal architectures to ensure AI serves as an instrument for just advancement, not a catalyst for emerging disparities.