Council of Europe highlights legal frameworks for AI fairness

Public authorities and equality bodies are urged to apply EU and Council of Europe rules to prevent bias in AI deployment.
The Council of Europe highlights the challenges of algorithmic bias and the need for robust legal and policy measures to ensure AI respects fundamental rights.

The Council of Europe recently hosted an online event to examine the challenges posed by algorithmic discrimination and explore ways to strengthen governance frameworks for AI and automated decision-making (ADM) systems.

Two new publications were presented, focusing on legal protections against algorithmic bias and policy guidelines for equality bodies and human rights institutions.

Algorithmic bias has been shown to exacerbate existing social inequalities. In employment, AI systems trained on historical data may unfairly favour male candidates or disadvantage minority groups.

Public authorities also use AI in law enforcement, migration, welfare, justice, education, and healthcare, where profiling, facial recognition, and other automated tools can carry discriminatory risks. Private-sector applications in banking, insurance, and personnel services similarly raise concerns.

Legal frameworks such as the EU AI Act (2024/1689) and the Council of Europe’s Framework Convention on AI, human rights, democracy, and the rule of law aim to mitigate these risks. The publications review how regulations protect against algorithmic discrimination and highlight remaining gaps.

National equality bodies and human rights structures play a key role in monitoring AI/ADM systems, ensuring compliance, and promoting human rights-based deployment.

The webinar highlighted practical guidance and examples for applying EU and Council of Europe rules to public sector AI initiatives, fostering more equitable and accountable systems.

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