Artificial Intelligence, Law, and Vulnerabilities

Social vulnerability is a measurement of the ability of communities to adequately respond to external stresses (Blaikie et al., 1994), such as the ongoing “SARS-CoV-2” – Severe Acute Respiratory Syndrome Coronavirus 2 (Bankoff & Hilhorst, 2004). During these periods of upheaval, people with disabilities, racial, ethnic, and religious minorities, children from low-income families, the elderly, migrants and refugees, the immunocompromised and those with chronic health conditions, and the homeless among others are considered to be at greater risk from the adverse effects, and potential losses incurred by these external stressors. They are also the slowest to recover from such emergencies. For example, recent data from the COVID-19 pandemic shows that vulnerable populations were much more likely to contract the virus, were less likely to receive the vaccine because of hesitancy and distrust of “Big Pharma”, yet they were more in need of social assistance compared to other segments of society (Cheong et al., 2021; Kazemi et al., 2022; St‐Denis, 2020). Classified as “socially vulnerable” by the United Nations (n.d.), these populations are almost always economically marginalized, politically under-represented, and socially underserved. (Un)surprisingly, they are predominantly racialized (Black and other people of color), and have a long history of enduring violations of their civil rights and freedoms, even during disaster response and recovery efforts. The factors and/or characteristics that determine the social vulnerability of a group differ from country to country, however, there are some universal similarities. Risk factors that contribute to the vulnerability of these groups include poverty, unemployment, and lack of access to resources (e.g., adequate healthcare, education, housing, safe drinking water, transportation, and other social services) (Cutter et al., 2003). Socially vulnerable populations are also stigmatized and discriminated against by the wider society, and even criminalized in law, policy, and practice. Forced to live in environments of severe inequality, they are unable to thrive, feel safe, and actively participate in all aspects of society (UNDP, n.d.). When compared to the general population, the capacity of socially vulnerable groups to cope with, respond to, and recover from the adverse impacts of crises is hindered by the inordinate obstacles they encounter in their daily lives (Wisner et al., 2004). These obstacles are indicators of structural inequities and barriers that hamper fair and equitable access (for all) to the resources needed to satisfy one’s basic needs. Social vulnerability is then a combination of the risk factors and socio-cultural markers listed above, which hinder full participation in economic, social, political, and cultural life (UN DESA, 2016). The amplification of existing inequities during crises like the COVID-19 pandemic has re-ignited discussions about global inequities and the challenges they present to socially vulnerable populations.