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NHRIs can use their broad mandate to engage with the human rights impacts of proposed national legislative or other policy measures. They can do this not only where it directly concerns the regulation of AI, but also in areas where the use of AI technology raises human rights concerns. Furthermore, they can take part in or contribute towards the drafting of a national AI strategy and ensure that human rights considerations are integrated into the framework.

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Through their involvement in other related efforts, such as placing the human rights impact of AI systems within the broader framework of companies’ due diligence obligations, NHRIs can advocate for a comprehensive approach to AI’s impact on society.

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Finally, their role in providing policymakers with ongoing feedback on the proposed use of AI technologies within the public sphere is crucial. This includes analysing the legality, necessity, and proportionality of the proposed measures and addressing their human rights impacts to ensure that the use of AI aligns with human rights standards.

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Using their promotional mandate, NHRIs can organise events such as roundtables, trainings, or workshops to raise awareness about AI’s impact on human rights. They can develop accessible, reader-friendly, and actionable materials like one-pagers, manuals, or guidelines focused on AI and human rights. NHRIs can also help to ensure equitable access to services by advocating for accessible human alternatives in public services rather than having purely digitalised services.

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Beyond this, NHRIs can engage with educational institutions such as universities and schools to teach or design courses on the ethical and human rights implications of technology.

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Organising national, regional or municipal roadshows provides NHRIs with a platform to share the results of studies or reports related to their monitoring and reporting mandate, while also gathering feedback from stakeholders. Finally, by exploring creative collaborations with artists, photographers, musicians or filmmakers, NHRIs can reach wider audiences and effectively communicate the impact of AI on human rights through innovative media.

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Many NHRIs are authorised to hear and consider individual complaints, including on the impacts of AI on their rights. Depending on their mandate, cases may be brought before NHRIs by individuals, their representatives, third parties, non-governmental organisations, associations of trade unions or any other representative organisations. NHRIs can also conduct investigations and studies to understand the specific harms experienced by individuals and groups due to AI systems. An NHRI investigation is a systematic process to determine if available evidence supports an allegation. It typically involves collecting and analysing evidence, forming an informed opinion, and preparing a report to guide decision-making based on the findings.

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Moreover, some NHRIs can engage in strategic litigation to advocate for human rights protections, including on AI-related harms. This can be through providing amicus curiae (‘friend of the court’) submissions in court cases, initiating legal actions before constitutional courts, or through collective interest litigation.

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One concrete way human rights can feature in addressing issues within the lifecycle of AI systems, from design and development through to use and decommissioning, is through the adoption of a human rights impact assessment (HRIA) to identify, address, and mitigate human rights risks. NHRIs can play an important role in developing HRIA models. They can share their existing practices and partner with other independent institutions, public authorities, private actors or universities to ensure a multi-disciplinary approach is used when designing such models.

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Transparency and public oversight are crucial elements in understanding the broader impacts of AI on human rights. In this regard, NHRIs can examine statistical data to discern decision-making patterns and identify groups disproportionately affected by AI systems. Establishing mechanisms for tracking the deployment of AI systems, particularly within public administration, is key to ensure transparency. NHRIs can advocate and help the national government set up a user-friendly public register where citizens can access information on the use of AI and provide feedback. Such a platform should prioritise accessibility, accountability, and avenues for contestation. Moreover, in line with the envisioned roles outlined in the EU AI Act, NHRIs can request and access any relevant documentation and request testing procedures for AI systems if they are mandated to do so under the AI Act. 

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Beyond individual assessments, it is vital to explore the societal implications of AI. For example, NHRIs can monitor the effects of widespread surveillance, the datafication of individuals, digital exclusion and threats to human dignity. Attention should be paid to groups vulnerable to increased surveillance, such as human rights defenders, migrants, and socio-economically disadvantaged communities.  

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NHRIs can conduct research and national surveys on the impact of AI on human rights to deepen understanding of the systemic harms AI can cause to human rights. NHRIs can further facilitate this research by offering short- or long-term residencies to students and scholars who want to research AI’s impact on human rights and collaborate in this field. 

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Finally, NHRIs can designate a focal point or establish an informal focus group dedicated to AI and human rights to ensure ongoing attention and expertise in this critical area.