Abstract
VioGén (Sistema de Seguimiento Integral en los casos de Violencia de Género) is a risk assessment software regulated by "Ley Orgánica 1/2004 de Medidas de Protección Integral contra la Violencia de Género", and it applies to regulation in all reported gender-based violence situations, especially regarding intimate partners violence or violence against minors. It has been used in Spain since 2007, and it is designed to estimate the risk of occurrence of further violence after a previous complaint (police recidivism), taking into account risk and protective indicators which it can observe, in spite of its final users are not behavioral assessment experts. Since it is a predictive software, VioGén could be considered a "high-risk AI systems" under the Annex III of the new “Proposal for AI Regulation” published by the European Commission on 21st April 2021. Using risk assessment software like VioGén shows both positive and negative issues. On the one hand, VioGén allows developing strategies to reduce recidivism throught the prediction of IPV risk. This stands out in a peculiar way because of the first-hand contact with victims and aggressors, in particular in family environments, where the protection of vulnerable subjects against life, personal integrity, and safety threats is essential for assuring peaceful relationships. On the other hand, risk assessment softwares shows relevant critical issues regarding the presumption of innocence of individuals, the presence of bias that the software can absorb from both data collected or machine learning proceedings. The aim of this proposal is to analyze the relevant profiles using a risk assessment software like VioGén involved in human rights protection under both the Charter of Fundamental Rights of the European Union and the European Convention of Human Rights, focusing the balance on protection of dignity, right to life, to physical and mental integrity, protection of private and family life, non-discrimination and fair trial, for vulnerable subjects and on the other hand the protection of due process, presumption of innocence and non-discrimination for prospective defendants.