Thematic report on AI and racial discrimination

The Australian Human Rights Commission (Commission) has made a submission to the UN Special Rapporteur on Contemporary Forms of Racism in response to a call for input on the intersection of artificial intelligence (AI) and racial discrimination.

The submission outlines how AI systems (particularly those used in criminal justice, healthcare and facial recognition) can reinforce systemic racism and produce discriminatory outcomes at scale. It draws on the Commission's previous work and calls for stronger safeguards, transparency and regulation to ensure AI technologies are developed and deployed in ways that uphold human rights.

Algorithmic bias

AI systems can produce unfair or discriminatory outcomes due to biased training data, flawed design or embedded human prejudice. The Commission highlights real-world examples, including biased healthcare algorithms and discriminatory outputs from generative AI tools.

Criminal justice

Predictive policing and risk assessment tools can reinforce racial disparities in the justice system. These tools often rely on historical data shaped by systemic discrimination, leading to biased outcomes that affect sentencing, bail and surveillance.

Transparency and explainability

Opaque AI systems make it difficult for individuals (especially those from marginalised communities) to understand or challenge decisions. The Commission calls for a right to reasons and meaningful information about automated decisions.

Facial recognition technology (FRT)

FRT is less accurate for people from racial and ethnic minorities and has been used in ways that violate human rights, including mass surveillance and ethnic profiling. The Commission supports a moratorium on its use in high-risk settings until human rights safeguards are legislated.

Why This Matters

AI technologies are increasingly used to make decisions that affect people's lives - from healthcare and policing to insurance and employment. Without proper safeguards, these systems risk amplifying racial discrimination and undermining human rights. The Commission's submission calls for urgent action to ensure AI is used ethically, transparently and fairly.

Read the submission in full to learn more.