Publication details
Překážky stojící obětem algoritmické diskriminace v cestě k prosazení práva na rovné zacházení z perspektivy zranitelnosti
| Title in English | Barriers Facing Victims of Algorithmic Discrimination in Enforcing the Right to Equal Treatment from the Perspective of Vulnerability |
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| Authors | |
| Year of publication | 2025 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | In cases of algorithmic discrimination, that is discrimination arising from the use of various algorithms (especially AI systems) for decision-making, its victims, who seek to enforce their right to equal treatment, face a large number of obstacles. In the paper, I therefore focus on the phase of the enforcement of the right and especially on the litigation itself in these disputes. I look at the situation of the victims of algorithmic discrimination from the perspective of vulnerability, which I understand in this context as situational and connected with the difficult position in which the victims of algorithmic discrimination find themselves. This position is created and to a large extent shaped by the individual obstacles that the victims face in these proceedings. I systematize these obstacles into a typology, for which I use the Czech jurisdiction as an example. The individual obstacles that I have identified from the existing literature and case law concerning algorithmic discrimination I systematize according to the temporal aspect, according to the generality or specificity for algorithmic discrimination disputes, and according to thematic areas (epistemic, temporal, procedural or substantive, institutional and socio-structural obstacles). The theoretical basis of the situation of vulnerability of the victims of algorithmic discrimination and the typology of obstacles they face can have both doctrinal and practical significance for various actors in the entire process. |
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