Rethinking Human Rights Protection in the Age of AI: From Ex-Post Remedies to Rights-by-Design
Janko Munjić · Facta Universitatis, Series: Law and Politics · 3 May 2026
Abstract
As artificial intelligence rapidly becomes a mediating but often invisible factor in decision-making across many areas that are central to the realisation of human rights, ranging from social welfare to the judiciary, legal protection still predominantly operates through an ex-post logic, reacting only after harm has occurred. This article identifies the functional defects of that model in contemporary algorithmic systems, where decision-making opacity, automation, and fragmented responsibility complicate the identification of the responsible actor, proof of causation, and the effective contestation of outcomes.
Bibliographic record
- Author
- Janko Munjić
- Journal
- Facta Universitatis, Series: Law and Politics
- Volume
- 24
- Issue
- 1
- Pages
- 23–36
- Published
- 3 May 2026
- Publisher
- University of Niš
- ISSN
- 2406-1786, 1450-5517
- Language
- EN
- Licence
- CC BY-NC-ND 4.0
- Full text
- Open access
Cited in verified scholarly literature
Yuliia Sapiga (2026). Artificial Intelligence and Copyright: Evaluating the Status and Authorship of AI-Generated Work under Turkish Copyright Law. Facta Universitatis, Series: Law and Politics, 24(2), 111–126.
Cited, pending verification against the original
An indexing platform displays the citing work’s own reference to this article. The original document has not yet been obtained, so this citation is recorded separately from the verified record above.
Laercio Cruvinel Júnior, Patrícia Cardoso Dias (2026). When Security Meets Ethics: A Human Rights-Based Approach to Balancing Control, Privacy, and Trust in Digital Systems under the ECHR Framework. Preprint. Abstract accepted for the II Congresso Luso-Brasileiro – Direito, Justiça e Desafios Contemporâneos, Lisbon, 2026.
Preprint
CIÊNCIAVITAE records the contribution as a “Resumo em conferência” marked “Aceite para publicação” for the II Congresso Luso-Brasileiro – Direito, Justiça e Desafios Contemporâneos, Lisbon, 2026, on the profiles of both authors. That is acceptance of a conference abstract and is not evidence that a full paper has been accepted or published.
Reference shown by the indexing platform; original not yet obtained ↗
Keywords
Research themes
- Human Rights and Procedural Safeguards
Under what procedural and human-rights conditions can technological evidence and AI-enabled tools be used in criminal justice?
- AI-Enabled Judicial Cooperation
How should judicial institutions prepare for AI-enabled cooperation while protecting legality, fairness and human rights?
Related publications
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Journal of Criminology and Criminal Law, 64(1), 2026
Cite this work
Munjić, J. (2026). Rethinking Human Rights Protection in the Age of AI: From Ex-Post Remedies to Rights-by-Design. Facta Universitatis, Series: Law and Politics, 24(1), 23–36. https://doi.org/10.22190/FULP251226003M