Access to intensive care and artificial intelligence. A constitutional perspective


In this paper, after analyzing documents on access to intensive care in the pandemic period, we will focus on the use of new technologies for the priority assessment of access to intensive care in the event of a health emergency. The issue of automatic (based on “automatic” criteria) or automated (based on algorithms) decisions is a central constitutional issue as its analysis is further capable of suggesting values and principles that may even refine the approaches to the use of AI in the care relationships. We argued in the paper that a risk-based approach, aimed at allowing European circulation of artificial intelligence devices and services, must be accompanied by a fundamental rights-oriented approach which therefore does not prevent the uniformity of the European space, but allows, where provided for by the European constitutional system, guarantees and measures to protect the fundamental rights at stake.

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