The growing use of artificial intelligence (AI) has raised concerns about the risk of discrimination arising from AI systems and the adequacy of existing legal frameworks in addressing it. As these systems become more common, ensuring effective protection against discrimination arising from AI systems has become an important legal challenge. Against this background, this work examines whether the European Union's Artificial Intelligence Act (AI Act) provides an effective legal framework for managing these risks, assessing its relevant provisions in light of EU non-discrimination law and relevant case law of the Court of Justice of the European Union.(ARKA KAPAKTAN)

 

TABLE OF CONTENTS

 

Chapter 1
INTRODUCTION
1.1. Background and Research Question
1.2. Thesis Objectives
1.3. Research Methodology
1.4. Scope and Limitations
1.5. Thesis Structure

 

Chapter 2
THE PRINCIPLE OF NON-DISCRIMINATION AND ITS LEGAL GROUNDS
2.1. The Legal Status of the Principle of Non-Discrimination in Public International Law and Its Normative Foundations
2.2. The Principle of Non-Discrimination in EU Law: Legal Status and Underlying Norms
2.2.1. Discrimination Grounds
2.2.2. Discrimination Types

 

Chapter 3
DISCRIMINATION ARISING FROM AI SYSTEMS UNDER EU NON-DISCRIMINATION LAW
3.1. Definition, Development, and Functioning of AI and Its Fields of Use
3.2. AI and the Risk of Discrimination
3.2.1. Algorithmic Bias and Its Underlying Mechanisms
3.2.2. Examples of Discriminatory Outcomes Caused by AI Systems
3.3. The Scope, Application and Limitations of EU Non-Discrimination Directives in the Context of AI
3.4. CJEU Discrimination Case Law in Relation to AI Systems
3.4.1. Determination of Direct Discrimination by the CJEU
3.4.2. Determination of Indirect Discrimination by the CJEU
3.4.3. Application of the Burden of Proof

 

Chapter 4
THE AI ACT AND ITS GOVERNANCE OF DISCRIMINATION RISKS IN AI SYSTEMS
4.1. The Emergence Process of the AI Act
4.2. An Overview of the AI Act
4.2.1. The Legal Status of the AI Act
4.2.2. The Purpose and Subject Matter of the AI Act
4.2.3. The Scope of the AI Act
4.3. The Risk-Based Approach of the AI Act: Effectiveness in Regulating Discrimination Risks
4.3.1. Prohibited AI Practices
4.3.2. High-Risk AI Systems
4.3.3. Tools for Preventing Discrimination in High-Risk AI Systems under the AI Act
4.3.4. Certain AI Systems and Their Transparency Requirements
4.3.5. Minimal-Risk AI Systems
4.4. General-Purpose AI Models

 

Chapter 5
CONCLUSION

 

BIBLIOGRAPHY