Repercussions of EU's Smart Borders in the human rights of migrants

In our current age characterized by significant technological development, tools such as artificial intelligence have been gradually applied in the search for solutions to various issues and challenges society has encountered. The emergence and progress of technology within the era of globalization and internationalization have transformed the paradigms of time and space, generating multiple devices applied to the work place, education systems, urban planning, the health field and many administrative functions, among others, including new regulations and strategies employed in the control of individuals. Following the so-called 'refugee crisis' in 2015, the European Commission resolved to vastly expand its border control resources in order to tackle migration flows coming through its external borders. In particular, new automated high-tech tools were seen as a natural transition on the path to finding a unified solution for “managing” the migratory phenomenon. However, certain policies and measures implemented created a number of legal quandaries. Apart from the efficiency that comes from the use of automated systems, there is an on-going debate about the biases and risks that weigh on people's rights - which, in turn, can generate or deepen an increase of discrimination, social segmentation and even exclusion of migrant groups. From this perspective, it is important to determine the impact of technological innovations when they call into question or undermine enshrined human rights recognized by the European Union. This paper proposes to characterize certain ethical and legal dilemmas the smart borders may present in contrast with rights that should be guaranteed.