Non-discrimination law in Europe: a primer for non-lawyers

• URL: http://arxiv.org/abs/2404.08519v2
• Date: Wed, 17 Apr 2024 08:36:50 GMT
• Title: Non-discrimination law in Europe: a primer for non-lawyers
• Authors: Frederik Zuiderveen Borgesius, Nina Baranowska, Philipp Hacker, Alessandro Fabris,
• Abstract summary: We aim to describe the law in such a way that non-lawyers and non-European lawyers can easily grasp its contents and challenges. We introduce the EU-wide non-discrimination rules which are included in a number of EU directives. The last section broadens the horizon to include bias-relevant law and cases from the EU AI Act, and related statutes.
• Score: 44.715854387549605
• License: http://creativecommons.org/licenses/by-nc-nd/4.0/
• Abstract: This brief paper provides an introduction to non-discrimination law in Europe. It answers the questions: What are the key characteristics of non-discrimination law in Europe, and how do the different statutes relate to one another? Our main target group is computer scientists and users of artificial intelligence (AI) interested in an introduction to non-discrimination law in Europe. Notably, non-discrimination law in Europe differs significantly from non-discrimination law in other countries, such as the US. We aim to describe the law in such a way that non-lawyers and non-European lawyers can easily grasp its contents and challenges. The paper shows that the human right to non-discrimination, to some extent, protects individuals against private actors, such as companies. We introduce the EU-wide non-discrimination rules which are included in a number of EU directives, and also explain the difference between direct and indirect discrimination. Significantly, an organization can be fined for indirect discrimination even if the company, or its AI system, discriminated by accident. The last section broadens the horizon to include bias-relevant law and cases from the GDPR, the EU AI Act, and related statutes. Finally, we give reading tips for those inclined to learn more about non-discrimination law in Europe.

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