We are pleased to share that DCN member Joanna Kulesza (University of Łódź) has co-authored a new draft article titled “Artificial Intelligence, Algorithmic Bias, and Mental Disability Law: Ethical Challenges and Regulatory Solutions”, together with Michael Perlin and Heather Ellis Cucolo (New York Law School).
The article examines the growing integration of artificial intelligence into judicial and quasi-judicial decision-making in the field of mental disability law – an area that has received comparatively little attention in mainstream AI governance debates. Situating these developments within broader discussions on digital sovereignty, fundamental rights and global AI governance, the authors analyse how algorithmic bias may operate in mental disability contexts, particularly in institutional settings where structural discrimination has historically been well documented. While algorithmic bias has been widely discussed in relation to race and gender, its implications for persons with mental disabilities remain underexplored. Drawing on comparative and international perspectives, the article pays particular attention to the European Union’s regulatory approach under the AI Act, especially its safeguards for high-risk AI systems affecting vulnerable populations. The authors argue that similar protections are necessary in other jurisdictions to ensure that due process and human rights standards remain effective as AI becomes embedded in mental disability law and policy.