Discrimination in AI based autonomous systems

Artificial intelligence has emerged as one of the pivotal actors in the contemporary era. Autonomous systems are entrusted with making crucial decisions on a daily basis, ranging from the determination of employment candidates, the allocation of credit by financial institutions, the assessment of individual propensities for criminal activities, to the selection of medical treatment regimens for patients. While the majority of prior research has predominantly concentrated on inquiries regarding whether artificial intelligence can possess consciousness, whether it can be held accountable under legal or criminal law, or whether it can assume a legal person, it is presently evident that autonomous decision-making systems are, to a considerable extent, transgressing the fundamental rights and liberties of individuals due to the bias and discrimination they engender. The ever-evolving and intricate nature of artificial intelligence necessitates a focal point on the question of how artificial intelligence-supported autonomous systems can be rendered more transparent and equitable, prior to addressing inquiries concerning the potential legal and/or criminal liability of artificial intelligence or the attribution of legal personality thereto. Within the scope of this study, the fundamental structure and operational mechanisms of artificial intelligence, including its subcategory, machine learning technologies, will be scrutinized, while avoiding a deep dive into technical intricacies. This examination will be facilitated through the utilization of tangible illustrations, while underscoring the salient considerations indispensable for legal assessments. Subsequently, within the context of this subject, the concept of discrimination, its various manifestations, the historical underpinnings of anti-discrimination legal frameworks, and instances of discrimination wrought by autonomous decision-making systems in everyday life will be elucidated. Finally, the concluding section will address the regulations and remedies, both at the national and international levels and across divergent legal domains, designed to counteract discrimination stemming from autonomous systems.