Normative translation in algorithmic systems: Structural shortcomings of the human rights by design paradigm and foundations for a strong theory

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Abstract

The human rights by design paradigm faces theoretical flaws due to the lack of an effective model for translating legal norms into computational architecture, operating through fragmentary concretizations of fun???? damental rights. In response, this paper proposes a robust theory of normative translation structured across four levels: legal principles, operational rules, technical speci???? fications, and systemic implementation. From a Global South perspective, it concludes that the constitutionali???? zation of artificial intelligence demands law????to????code mediation mechanisms sensitive to geopolitical contexts and epistemic asymmetries. This research underscores the necessity of overcoming current semantic reductions to ensure an algorithmic governance strictly aligned with human rights.

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Author Biography

Johanna Mildred Pinto García, National Autonomous University of Mexico

She holds a Bachelor of Laws degree from the Nueva Granada Military University and a specialization in Public Law from the Externado University of Colombia. She is currently pursuing a Master of Laws degree, with a focus on the Philosophy of Law, at the National Autonomous University of Mexico (UNAM). Her research focuses on legal philosophy and theory, comparative constitutional law, and the legal regulation of digital technologies and artificial intelligence. She has published articles in peer-reviewed academic journals, including “The Limits of Digital Constitutionalism: Asymmetries of Algorithmic Power and the Need for Structural Reorganization” (Revista Jurídica, Autonomous University of Guerrero) and “Integration of Artificial Intelligence in Constitutional Democracies: Conceptual Challenges and Regulatory Proposals” (De Jure, University of Colima). She has presented at more than twelve international conferences in Mexico, Colombia, and Chile, and serves as a peer reviewer for indexed journals such as *Derecho del Estado* (Externado University of Colombia) and *Postulados* (UFPS). She is a collaborator on the research project on Technology Companies, Digital Platforms, and Economic, Social, and Cultural Rights (ESCR), developed in partnership between UNAM, Boston College, and UCAB, within the framework of the Special Rapporteur on ESCR.

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Published

2026-10-14

Issue

Vol. 21 No. 57 (2026): Artificial Intelligence and Human Rights: Ethical Regulation to Protect the Rule of Law | Part I

Section

Research articles

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