Human rights in ai-enabled e-governance: a comparative study of Kazakhstan and Estonia

Abstract

This MA thesis analyses the impact of AI-enabled e-governance on the realisation of human rights. For the analysis, I use the most similar system design model and examine two case studies – Estonia and Kazakhstan – during the period 2015–2025. Hereby, the analysis reflects the experiences of two countries with common ambitions, a comparable level of digitalisation, and a shared Soviet legacy, yet differing in their level of human rights protection. Therefore, it addresses emerging concerns about the misuse of AI technology by the state. Therefore, I hypothesise that AI-enabled e-governance has an impact on the realisation of human rights (D.V.), and the extent of this influence depends on the state-related factors (I.Vs), such as international, regional and national legal frameworks, level of e- governance penetration, political will and political regime type. To provide a more detailed and focused analysis, I concentrate on the health sector, which deals with highly sensitive data, with respect to such human rights as privacy, data protection and access to information, enshrined by Articles 17 and 19 of the ICCPR, Article 12 of the ICESCR, Article 8 of the ECHR, and Articles 7 and 8 of the EU Charter. Accordingly, my work responds to 2 main research questions: (1) what are the regulatory differences between the two countries regarding the protection of identified fundamental human rights and (2) to what extent the introduction of AI into e-governance systems affects the realisation of the human rights. The comparative findings on Estonia and Kazakhstan demonstrate that AI-enabled e- governance does not impact the realisation of human rights by default. In contrast, it strengthens the existing political regime. The analysis shows a causal hierarchy in which political regime type is the decisive factor, as it shapes further regulatory adaptation. Another finding of my research is that e-governance penetration acts as an amplifier. In Estonia's democracy, it enables citizen control over personal data, but in Kazakhstan's authoritarian context, it expands state authority without proportional safeguards. Finally, the study indicates that the influence of AI-enabled e-governance on human rights is not intrinsic, but instead stems from the existing governance context. In that way, the thesis addresses an existing gap in the literature by analysing the implications

of AI-enabled systems and tracing the connection between e-governance development and human rights, providing practical insights for governors and policymakers.