Enforcing and reforming the AI Act: on the importance of gender equality and non-discrimination in AI regulation

This article presents and assesses the enforcement architecture of the law of artificial intelligence in Europe from the perspective of gender equality and non-discrimination law. It builds on two previous articles (Lütz, ERA 23(1)(2022):33-52/25(1)(2024):79-95) answers the question how the fundamental rights enforcement bodies could implement the substantive provisions, addressing biases and algorithmic discrimination. Furthermore, the article investigates the potential reform of the AI Act resulting from the digital AI Omnibus and the recent Recommendation on equality and artificial intelligence of the Council of Europe that is reinvigorating the European enforcement framework regarding equality and societal impacts of AI.