TY - JOUR
T1 - The role of European equality bodies to address algorithmic discrimination
AU - Capellà i Ricart, Anna
PY - 2024/5/29
Y1 - 2024/5/29
N2 - European Union (EU) seems to have the aim to strengthen the role of equality bodies and encourage the expansion of their scope of application, their functions and their powers. This implies that they can play an essential role in challenging discriminatory decisions made through algorithmic systems. Due to the possibility they have to access information, to issue binding decisions in individual or collective cases of discrimination or to initiate court proceedings in their own name, they seem like the best positioned to offer an effective protection against algorithmic discrimination. In this article, we study the latest regulatory proposals relating to these bodies and which functions they must carry out to help people that have been discriminated against by artificial intelligence systems. Notwithstanding we argue that equality bodies have a privileged position to deal with discriminatory automated decisions, they need independence and human, technical and financial resources to perform all its tasks and to exercise all its competences effectively, and this is not always guaranteed.
AB - European Union (EU) seems to have the aim to strengthen the role of equality bodies and encourage the expansion of their scope of application, their functions and their powers. This implies that they can play an essential role in challenging discriminatory decisions made through algorithmic systems. Due to the possibility they have to access information, to issue binding decisions in individual or collective cases of discrimination or to initiate court proceedings in their own name, they seem like the best positioned to offer an effective protection against algorithmic discrimination. In this article, we study the latest regulatory proposals relating to these bodies and which functions they must carry out to help people that have been discriminated against by artificial intelligence systems. Notwithstanding we argue that equality bodies have a privileged position to deal with discriminatory automated decisions, they need independence and human, technical and financial resources to perform all its tasks and to exercise all its competences effectively, and this is not always guaranteed.
KW - Equality bodies
KW - European Union
KW - anti-discrimination law
KW - artificial intelligence
KW - artificial intelligence systems
UR - http://www.scopus.com/inward/record.url?scp=85194839739&partnerID=8YFLogxK
U2 - 10.1177/13582291241257201
DO - 10.1177/13582291241257201
M3 - Article
SN - 1358-2291
VL - 24
SP - 194
EP - 216
JO - International Journal of Discrimination and the Law
JF - International Journal of Discrimination and the Law
IS - 3
ER -