FRA report calls for a human rights based approach to the digitalisation of justice

FRA report calls for a human rights based approach to the digitalisation of justice

Published August 12, 2026

The European Union Agency for Fundamental Rights (FRA) has published a new report examining how the increasing digitalisation of justice systems can improve access to justice while safeguarding fundamental rights. The report, Digitalising Justice: A Fundamental Rights-based Approach, analyses the use of 31 digital tools across seven EU Member States, including electronic case management systems, online justice platforms, videoconferencing in court proceedings, and artificial intelligence applications.

The report concludes that digital technologies can make justice systems more efficient, transparent and accessible. Justice professionals interviewed by FRA broadly welcomed digital solutions, noting that they can speed up proceedings, improve communication with parties, and make justice services more readily available. At the same time, the Agency warns that technological innovation must not come at the expense of fundamental rights such as the right to a fair trial, effective access to justice, equality before the law, privacy and data protection.

A central recommendation of the report is that fundamental rights should be embedded from the earliest stages of designing and deploying digital justice tools. FRA notes that many digital systems currently focus primarily on technical functionality and data protection, while giving insufficient consideration to broader human rights implications, including discrimination, access to justice and defence rights. The Agency therefore recommends systematic fundamental rights impact assessments throughout the development of digital justice technologies.

The report also stresses the importance of broad consultation when developing digital justice systems. Rather than relying solely on the views of judges, prosecutors and court staff, FRA recommends involving civil society organisations, persons with disabilities, vulnerable groups, and independent oversight bodies such as ombudsman institutions and national human rights bodies. Such collaboration can help ensure that digital tools remain transparent, accessible and responsive to the needs of all users.

Another key finding concerns digital exclusion. FRA warns that not everyone has equal access to technology or possesses the digital skills needed to use online justice services. Older persons, persons with disabilities, migrants and economically disadvantaged groups may face particular barriers. The report therefore recommends maintaining non digital alternatives alongside digital procedures, ensuring that no person is denied access to justice because of technological limitations. It also calls for practical support, digital literacy initiatives and accessible design to help bridge the digital divide.

The report further highlights the growing role of artificial intelligence in justice systems, including AI tools used for transcription and anonymisation. While recognising their potential benefits, FRA emphasises the need for appropriate safeguards, transparency and human oversight to prevent bias, protect personal data and preserve confidence in judicial decision making. It also recommends that justice professionals receive training not only on the technical use of digital tools but also on their potential impact on fundamental rights.

Commenting on the report, FRA Director Sirpa Rautio stated:

"Digitalisation holds great promise for justice systems. It can make justice faster, easier and more accessible. But to truly harness its benefits, we must carefully assess its full impact on fundamental rights. We must also bridge the digital divides and ensure access to justice for all, so that no one is left behind."

The report reinforces the importance of ensuring that the modernisation of justice systems is guided not only by efficiency and innovation but also by the principles of fairness, transparency, accountability and respect for fundamental rights. As justice services continue to embrace digital technologies, maintaining public trust will depend on ensuring that technology remains a tool that strengthens, rather than diminishes, access to justice and the protection of human rights.

The report can be downloaded from here.