Die Entscheidung von Maschinen über Menschenleben

Autonomous rescue systems, such as rescue robots and accident prevention programs in autonomous vehicles, face the right to life with new challenges. These systems and their use must be designed according to the German Basic Law. The author focusses on dilemma situations in a concrete life-threatening situation and identifies a legal equality gap in the right to life, starting from the legal doctrine of the right to protection. This finding motivates to develop for the first time a constitutional standard as a special equality right to life - a standard which allows both, viable and practical solutions for the human rescuer as well as for autonomous rescue systems. In addition, the practice of emergency and disaster rescue, the protection obligation of the state, the reservation of the law, as well as European fundamental rights and human rights are being considered.