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10 Int'l Hum. Rts. L. Rev. 1 (2021)

handle is hein.journals/inthurlr10 and id is 1 raw text is: Ot INTERNATIONAL HUMAN RIGHTS LAW REVIEW IHRL BRILL 10 (2021) 1-39 REVIEW N IJ H O F F brill.com/hrlr Meeting the Chimera: How the C E DAw Can Address Digital Discrimination Tetyana (Tanya) Krupiy Postdoctoral fellow, Tilburg Law School, Tilburg University, Tilburg, The Netherlands t.krupiy@tilburguniversity.edu; krupiy.tanya@hotmail.com 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 fromthe 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. Keywords international human rights law - digital discrimination - intersectionality - CEDAW - rights of women i Introduction In June 2020 the United Nations (UN) Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance E Tendayi Achiume called on States to protect individuals from discrimination in the context of the use of artificial intelligence decision-making processes.1 The 1 United Nations Human Rights Council, 'Racial Discrimination and Emerging Digital Technologies: a Human Rights Analysis' (i8 June 2020) UN Doc A/HRC/44/57 para 52. © TETYANA KRUPIY, 2021 I DOI:10.1163/22131035-01001006 This is an open access article distributed under the terms of the cc BY 4.0 license.

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