Gender in a Stereo- (gender)Typical EU AI Law: A Feminist-Queer Reading of the EU ΑΙ Act

Gender equality is enshrined in European Treaties on Human Rights. Gender emerges
also in many political debates on Artificial Intelligence (AI) ethics, during the voting process of the European Artificial Intelligence Act (EU AI Act), and more broadly in the scientific discourse (Van Dijk 2012) on AI. The research questions addressed in this paper are first whether and how EU legal definitions of gender equality are preserved in the European Law on AI (EU AI Law), and if so whether these definitions are inclusive. Based on a doctrinal analysis the different interpretations provided in European Equality Law (EU Equality Law)- that vary from women’s rights to non-discrimination based on gender and sexual orientation or LGBTQIA+ rights- will be examined. Yet, a legal analytical analysis (Bhat 2020) will be conducted to
examine the source of these legal concepts and the power that underlies them (Putman W. 2017). To this extent, an internal and external normative research as a methodology will be adopted for the evaluation of the law (Taekema S. 2018). The scope of this research is limited exclusively in European Law under which the legal notions of gender will be identified as well as the way they are replicated in EU AI Law. The methods that will be used is a critical analysis of the relevant European legislation which is based on the implementation of gender theories, mainly the feminist and queer legal theories, for the gender inclusivity aspects of the EU AI Act to be examined – and synthesised.