AI in justice: Bridging the global access gap or deepening inequalities

At least 5 billion people worldwide lack access to justice, a human right enshrined in international law. In many regions, particularly low and middle-income countries, millions face barriers to justice, ranging from their socioeconomic position to the legal system failure. Meanwhile, AI has entered the legal sector at full speed and may offer legitimate solutions to bridge this justice gap.

Through chatbots, automated document review, predictive legal analysis, and AI-enabled translation, AI holds promise to improve efficiency and accessibility. Yet, the rise of AI in legal systems across the globe suggests the digitalisation of our legal systems.

While it may serve as a tool to break down access barriers, AI legal tools could also introduce the automation of bias in our judicial systems, unaccountable decision-making, and act as an accelerant to a widening digital divide. AI is capable of meaningfully expanding equitable justice, but its implementation must safeguard human rights principles. 

Improving access to justice

Across the globe, AI legal assistance pilot programmes are underway. The UNHCR piloted an AI agent to improve legal communication barriers in Jordan. AI transcribes, translates, and organises refugee queries. With its help, users can streamline their caseload management, which is key to keeping operations smooth even under financial strain. 

NGOs working to increase access to justice, such as Migrasia in Hong Kong, have begun using AI-powered chatbots to triage legal queries from migrant workers, offering 24/7 multilingual legal assistance.

While it is clear that these tools are designed to assist rather than replace human legal experts, they are showing they have the potential to significantly reduce delays by streamlining processes. In the UK, AI transcription tools are being used to provide victims of serious sexual crimes with access to judges’ sentencing remarks and explanations of legal language. This tool enhances transparency for victims, especially those seeking emotional closure. 

Even as these programmes are only being piloted, a UNESCO survey found that 44% of judicial workers across 96 countries are currently using AI tools, like ChatGPT, for tasks such as drafting and translating documents. For example, the Morrocan judiciary has already integrated AI technology into its legal system.

AI tools help judges prepare judgments for various cases, as well as streamline legal document preparation. The technology allows for faster document drafting in a multilingual environment. Soon, AI-powered case analysis, based on prior case data, may also provide legal experts with predictive outcomes. AI tools have the opportunity and are already beginning to, break down barriers to justice and ultimately improve the just application of the law. 

Risking human rights

While AI-powered legal assistance can provide affordable access, improve outreach to rural or marginalised communities, close linguistic divides, and streamline cases, it also poses a serious risk to human rights. The most prominent concerns surround bias and discrimination, as well as widening the digital divide.

Deploying AI without transparency can lead to algorithmic systems perpetuating systematic inequalities, such as racial or ethnic biases. Meanwhile, the risk of black box decision-making, through the use of AI tools with unexplainable outputs, can make it difficult to challenge legal decisions, undermining due process and the right to a fair trial.

Experts emphasise that the integration of AI into legal systems must focus on supporting human judgment, rather than outright replacing it. Whether AI is biased by its training datasets or simply that it becomes a black box over time, AI usage is in need of foresighted governance and meaningful human oversight. 

Additionally, AI will greatly impact economic justice, especially for those in low-income or marginalised communities. Legal professionals lack necessary training and skills needed to effectively use AI tools. In many legal systems, lawyers, judges, clerks, and assistants do not feel confident explaining AI outputs or monitoring their use.

However, this lack of education undermines the necessary accountability and transparency needed to integrate AI meaningfully. It may lead to misuse of the technology, such as unverified translations, which can lead to legal errors. 

While the use of AI improves efficiency, it may erode public trust when legal actors fail to use it correctly or the technology reflects systematic bias. The judiciary in Texas, US, warned about this concern in an opinion that detailed the fear of integrating opaque systems into the administration of justice. Public trust in the legal system is already eroding in the US, with just over a third of Americans expressing confidence in 2024.

The incorporation of AI into the legal system threatens to derail the public’s faith that is left. Meanwhile, those without access to digital connectivity or literacy education may be further excluded from justice. Many AI tools are developed by for-profit actors, raising questions about justice accessibility in an AI-powered legal system. Furthermore, AI providers will have access to sensitive case data, which poses a risk of misuse and even surveillance. 

The policy path forward

As already stated, for AI to be integrated into legal systems and help bridge the justice gap, it must take on the role of assisting to human judges, lawyers, and other legal actors, but it cannot replace them. In order for AI to assist, it must be transparent, accountable, and a supplement to human reason. UNESCO and some regional courts in Eastern Africa advocate for judicial training programmes, thorough guidelines, and toolkits that promote the ethical use of AI.

The focus of legal AI education must be to improve AI literacy and to teach bias awareness, as well as inform users of digital rights. Legal actors must keep pace with the innovation and integration level of AI. They are the core of policy discussions, as they understand existing norms and have firsthand experience of how the technology affects human rights. 

Other actors are also at play in this discussion. Taking a multistakeholder approach that centres on existing human rights frameworks, such as the Toronto Declaration, is the path to achieving effective and workable policy. Closing the justice gap by utilising AI hinges on the public’s access to the technology and understanding how it is being used in their legal systems. Solutions working to demystify black box decisions will be key to maintaining and improving public confidence in their legal systems. 

The future of justice

AI has the transformative capability to help bridge the justice gap by expanding reach, streamlining operations, and reducing cost. AI has the potential to be a tool for the application of justice and create powerful improvements to inclusion in our legal systems.

However, it also poses the risk of deepening inequalities and decaying public trust. AI integration must be governed by human rights norms of transparency and accountability. Regulation is possible through education and discussion predicated on adherence to ethical frameworks. Now is the time to invest in digital literacy to create legal empowerment, which ensures that AI tools are developed to be contestable and serve as human-centric support. 

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