Disability Discrimination in the Digital Realm : How the ICRPD Applies to Artificial Intelligence Decision-Making Processes and Helps in Determining the State of International Human Rights Law
Krupiy, Tetyana Tanya and Scheinin, Martin LU
(2023)
In Human Rights Law Review
23(3).
- Abstract
Scholars have identified challenges to protecting individuals from discrimination in contexts where organisations deploy artificial intelligence decision-making processes. While scholarship on 'digital discrimination' is growing, scholars have paid less attention to the impact of the use of artificial intelligence decision-making processes on persons with disabilities. This article posits that while the use of artificial intelligence technology can be beneficial for some purposes, its deployment can also construct a disability. The article demonstrates that the Convention on the Rights of Persons with Disabilities can be interpreted in a manner that confers a wide variety of human rights on persons with disabilities in the context when... (More)
Scholars have identified challenges to protecting individuals from discrimination in contexts where organisations deploy artificial intelligence decision-making processes. While scholarship on 'digital discrimination' is growing, scholars have paid less attention to the impact of the use of artificial intelligence decision-making processes on persons with disabilities. This article posits that while the use of artificial intelligence technology can be beneficial for some purposes, its deployment can also construct a disability. The article demonstrates that the Convention on the Rights of Persons with Disabilities can be interpreted in a manner that confers a wide variety of human rights on persons with disabilities in the context when entities deploy artificial intelligence decision-making processes. The article proposes a test for digital discrimination based on disability and shows how it can be incorporated into the treaty through legal interpretation. Thereafter, it moves to developing an analogous general test for digital discrimination under international human rights law, applicable beyond a catalogue of protected characteristics.
(Less)
- author
- Krupiy, Tetyana Tanya
and Scheinin, Martin
LU
- publishing date
- 2023-09-01
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Artificial intelligence, Digital discrimination, Disability, ICCPR, ICEDAW, ICERD, ICRPD, Human rights, Mänskliga rättigheter
- in
- Human Rights Law Review
- volume
- 23
- issue
- 3
- article number
- ngad019
- publisher
- Oxford University Press
- external identifiers
-
- scopus:85168935573
- ISSN
- 1461-7781
- DOI
- 10.1093/hrlr/ngad019
- language
- English
- LU publication?
- no
- id
- 28e11469-e130-4338-8bb1-030838ca0e3f
- date added to LUP
- 2025-05-20 13:30:44
- date last changed
- 2025-05-23 13:26:06
@article{28e11469-e130-4338-8bb1-030838ca0e3f,
abstract = {{<p>Scholars have identified challenges to protecting individuals from discrimination in contexts where organisations deploy artificial intelligence decision-making processes. While scholarship on 'digital discrimination' is growing, scholars have paid less attention to the impact of the use of artificial intelligence decision-making processes on persons with disabilities. This article posits that while the use of artificial intelligence technology can be beneficial for some purposes, its deployment can also construct a disability. The article demonstrates that the Convention on the Rights of Persons with Disabilities can be interpreted in a manner that confers a wide variety of human rights on persons with disabilities in the context when entities deploy artificial intelligence decision-making processes. The article proposes a test for digital discrimination based on disability and shows how it can be incorporated into the treaty through legal interpretation. Thereafter, it moves to developing an analogous general test for digital discrimination under international human rights law, applicable beyond a catalogue of protected characteristics.</p>}},
author = {{Krupiy, Tetyana Tanya and Scheinin, Martin}},
issn = {{1461-7781}},
keywords = {{Artificial intelligence; Digital discrimination; Disability; ICCPR; ICEDAW; ICERD; ICRPD; Human rights; Mänskliga rättigheter}},
language = {{eng}},
month = {{09}},
number = {{3}},
publisher = {{Oxford University Press}},
series = {{Human Rights Law Review}},
title = {{Disability Discrimination in the Digital Realm : How the ICRPD Applies to Artificial Intelligence Decision-Making Processes and Helps in Determining the State of International Human Rights Law}},
url = {{http://dx.doi.org/10.1093/hrlr/ngad019}},
doi = {{10.1093/hrlr/ngad019}},
volume = {{23}},
year = {{2023}},
}