Meeting the chimera: How the cedaw can address digital discrimination

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.