The fragmented regulatory puzzle for AI, Gender Equality and non-discrimination: Comparing approaches of the EU, the Council of Europe and the UN

The talk provides an overview and compares how issues of gender biases and algorithmic discrimination are addressed within the European Union, the Council of Europe and at United Nations level.  It sheds some light on whether the first worldwide regulations on AI, the Artificial Intelligence Act of the EU and the Framework Convention on AI of the Council of Europe sufficiently address issues of gender equality and non-discrimination law. To this end, the substantive provisions of the legislative frameworks are analysed through the lens of gender equality and non- discrimination law, highlighting some of the proposed tools, such as technical standard setting, fundamental rights impact assessments and bias audits to reduce gender biases and discriminatory risk. Furthermore, the enforcement landscape will be assessed, which involves a discussion of the respective roles of the AI Office and the UN AI Body and their cooperation with national, European, and international bodies for gender equality enforcement.

More about the speaker

Fabian Lütz works as a Legal Officer at Equinet on AI and equality/non-discrimination in the framework of the Project Equality-proofing AI systems: “Equality by Design, Deliberation and Oversight”.  He is also a PhD candidate at the University of Lausanne (UNIL) and specialises in European law, gender equality and non-discrimination law, AI regulation and algorithmic discrimination. Fabian taught courses and seminars on Gender Equality, Algorithmic Discrimination and Work Life Balance in Lausanne at several European universities and the Ecole national d’administration (ENA). He studied law in France (licence and maîtrise en droit), Germany (First and Second Legal State Exam) and Belgium where he obtained an LL.M. in European Law and  Economic Analysis at the College of Europe in Bruges. From 2015 to 2020, Fabian worked as a Legal Officer in the Gender Equality Unit at the European Commission. Previously, he worked for law firms in Belgium and Germany.He has published widely on gender equality, AI and algorithmic discrimination (inter alia with Oxford University Press, Springer, Palgrave, Routledge and BRILL, his research is available at: www.algorithmic-discrimination.com ) and speaks regularly at academic conferences across Europe. Most recently he wrote the chapter on Artificial Intelligence and Gender-Based Discrimination in the Oxford University Press book on Human Rights and Artificial Intelligence (2023), Quintavalla Alberto, Temperman Jeroen (eds.).

Know the GAP gender lectures

The building blocks of Gender Studies: foundational concepts to navigate a complex field of study

Since 2019, the WTI Gender Team has been organizing the Know the GAP gender lecture series. This series has been a source of fundamental insights on gender studies and contributed to the general debate on these issues.

The interest in this complex and variegated area is continuously increasing, and the perspectives from which it is studied are numerous and all interconnected. From sociology to law, from political science to linguistics, from international relations to literature and philosophy, gender studies epistemologically inform virtually any other field of research.

At the same time, gender studies call for action, thus providing a concrete contribution to the evolution of political systems and societies towards more equality and inclusivity.

The present lecture series aims to provide some instruments to understand such a complexity stemming from increasing awareness of and research on gender issues, as well as manifold action at the international and domestic levels. To do so, this year’s series focuses on the key words of gender studies, in order to give some fundamental points of reference and build an updated glossary of this area of study.

Such a timely endeavour is carried out thanks to the participation of prominent guest speakers in gender studies, whose expertise mirrors the variety of perspectives from which this area can be approached. Every lecture deals with a specific key word. The latter have been selected after an analysis of academic literature and international soft law in the area of gender studies and are meant to constitute foundational concepts and issues regarding this field. Some of the key words constitute basic theoretical notions of gender studies: key concepts such as “feminism and eco-feminism”, “empowerment”, “intersectionality”, “gender migration”, “gender equality” and “sorority” will be addressed. Other key words refer to the concrete manifestations and applications of those concepts in societal and political systems as well as their embedment in legal orders. Accordingly, “gender mainstreaming”, “non-discrimination”, “CEDAW”, “gender quotas”, “participation in public life”, “gender and conflict”, “reproductive rights” will be dealt with in the series.

Together, they all give justice to the complexity of the field, while at the same time providing the tools to navigate through it.

The lectures are meant to be an essential resource for students who are approaching this field, but also for academics and civil society members willing to contribute to a collective effort in building an updated and at the same time accessible glossary of gender studies. In this sense, the lectures are purposedly organized to leave enough time for discussion. After a presentation of the subject, in the second part of the lecture the room will be open for comments and questions from the audience.

The gender lecture series is organized by Prof. Elisa Fornalé who is leading the SNSF-funded research project ‘Gender Equality in the Mirror (GEM): Clothing the Invisibility of Women’s Participation at International Level’ housed at the World Trade Institute, University of Bern.

Participation is open to the public and free of charge.