Artificial Intelligence and Gender Equality: A Study on Legal Scholars’ Understanding of Gender Discrimination and Suggested Solutions

Abstract: The thesis aims to identify the dominant narrative within the legal research field of Artificial Intelligence (AI) and discuss the merit of the prevalent solutions offered by scholars in relation to substantive gender equality. The thesis finds the solutions from a systematic legal literature review covering AI and gender. It develops an analytical framework by applying the theory of social change to assess the recommended solutions’ compatibility with the aim of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The literature review reveals that scholars focus on technological solutions to combat discrimination within AI. The thesis argues that these ‘technocentric’ solutions suffer from a significant methodological limitation: they define AI exclusively as a technological concept, detached from the social context. The findings suggest that the proposed solutions, similar to formal equality, may play a part in achieving social change. However, they fail to fulfil CEDAW’s goal of substantive equality. Ultimately, eradicating discrimination solely through technological solutions is not adequate. Instead, legal scholars must broaden their scope of understanding; AI must not be viewed as an exclusively technological concept but as a system shaped by its social setting. Masquerading these so-called solutions as progress risks doing more harm than good, leaving substantive equality out of reach.