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Meeting the chimera: how the CEDAW can address digital discrimination

Lookup NU author(s): Dr Tanya Krupiy

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This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0).

Abstract

The article analyses what is distinct about the manner in which the delegation of the decision-making task to an artificial intelligence system produces harm from the standpoint of the prohibition of discrimination. It explores the manner in which the context of digital discrimination challenges the application of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). The article suggests how the subject matter of CEDAW may be rethought to enable it to respond to digital discrimination. It formulates a legal test which can be added to the existing toolbox without the need to amend the treaty. The article offers approaches to interpreting CEDAW teleologically in order to enable it to remain relevant in the face of technological innovation.

Publication metadata

Author(s): Krupiy T

Publication type: Article

Publication status: Published

Journal: International Human Rights Law Review

Year: 2021

Volume: 10

Pages: 1-39

Print publication date: 22/07/2021

Online publication date: 23/06/2021

Acceptance date: 01/05/2021

Date deposited: 21/12/2021

ISSN (print): 2213-1027

ISSN (electronic): 2213-1035

Publisher: Brill

URL: https://doi.org/10.1163/22131035-01001006

DOI: 10.1163/22131035-01001006

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