Inteligencia Artificial para un futuro sostenible: desafíos jurídicos y éticos

193 Lutiana Valadares Fernandes Barbosa and Juliana Moreira Mendonça port “Racial Discrimination and Emerging Digital Technologies: A Human Rights Analysis” shared the concern that “emerging digital technologies exacerbate and compound existing inequities, many of which exist along racial, ethnic and national origin grounds” (United Nations, 2020). Under this subheading, the Special Rapporteur outlined States obligations and corporate responsibilities for mitigating discrimination in the use of emerging technologies. Specifically, the report suggested that State must address direct and indirect forms of racial discrimination resulted from the design and use of technologies. In addition, the report calls the States to reject a “colour-blind” approach to governance and regulation of emerging digital technologies and emphasizes the disproportionate effects on these groups (United Nations, 2020). Likewise, the report recalled the important role played by private actors in providing reparations for racial discrimination, including by taking responsibility for their role in such discrimination. As articulated in the Guiding Principles on Business and Human Rights, private companies bear a responsibility to respect human rights, including through human rights due diligence. Subsequently, the forty-eight section of the Human Rights Council addressed concerns regarding environmental racism and guidance on how to effectively address environmental injustice on people of African descent. According to the EPA (Environmental Protection Agency, 2022), “environmental justice (EJ) is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” The report indicated that environmental racism is perpetrated by States, international corporations, and other non-State actors, often in breach of international human rights duties and local law, and with deliberate indifference to the impact on communities of African descent. It is for this reason that the Durban Declaration and Programme of Action requested States to consider positively concentrating additional investments in environmental control in communities of primarily African descent. At the regional level, the Inter-American Commission on Human Rights (OAS, 2019) has consistently emphasized that the princi-

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