Addressing Indirect Discrimination and Gender Stereotypes in AI Virtual Personal Assistants: The Role of International Human Rights Law

Author(s):  
Rachel Adams ◽  
Nora Ni Loideain
2019 ◽  
Vol 8 (2) ◽  
pp. 241-257
Author(s):  
Rachel Adams ◽  
Nóra Ní Loideáin

Virtual personal assistants (VPAs) are increasingly becoming a common aspect of everyday living. However, with female names, voices and characters, these devices appear to reproduce harmful gender stereotypes about the role of women in society and the type of work women perform. Designed to ‘assist’, VPAs – such as Apple's Siri and Amazon's Alexa – reproduce and reify the idea that women are subordinate to men, and exist to be ‘used’ by men. Despite their ubiquity, these aspects of their design have seen little critical attention in scholarship, and the potential legal responses to this issue have yet to be fully canvassed. Accordingly, this article sets out to critique the reproduction of negative gender stereotypes in VPAs and explores the provisions and findings within international women's rights law to assess both how this constitutes indirect discrimination and possible means for redress. In this regard, this article explores the obligation to protect women from discrimination at the hands of private actors under the Convention on the Elimination of All Forms of Discrimination Against Women, and the work of the Committee on Discrimination Against Women on gender stereotyping. With regard to corporate human rights responsibilities, the role of the United Nations Guiding Principles on Business and Human Rights is examined, as well as domestic enforcement mechanisms for international human rights norms and standards, noting the limitations to date in enforcing human rights compliance by multinational private actors.


Author(s):  
Samantha Besson

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.


Author(s):  
O. M. Sheredʹko

Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law. Analyzing the works by H. Lauterpacht, we can say that the scholar was the founder of international human rights law. Natural law and natural human rights, according to H. Lauterpacht, have been the unchanging basis of human rights of all times.The origins and periodization of jusnaturalism in the works of leading international law scholar are considered. The main statements of the representatives of the natural law concept of different times, in particular, the basic ideas in the works of Socrates, Aulis Aarnio, Francisco de Vitoria, Francisco Suarez, Alberico Gentili, Thomas Hobbes, Samuel von Pufendorf, Hugo Grotius are outlined.The views of prominent philosophers are the foundation of the concept of jusnaturalism.  Numerous supporters of the concept of natural law in different periods of history testify to its importance at every stage of human rights development.International law in this matter is a kind of second stage of recognition and protection of human rights, after recognition in the national law of states.International law is designed to consolidate the rights granted by nature to the human in the international arena.H. Lauterpacht saw the real recognition and protection of human rights by enshrining them in an international document signed by all countries of the world.The scientist proposed a draft international document on the recognition of human rights at the international level called International Bill of the Rights of Man. The provisions proposed in this document were later enshrined in international instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the International Covenant on Civil and Political Rights of 1966.


2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.


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