Neuchâtel, Suiza
Artificial intelligence systems (AIS) pose significant risks to the realisation of women's rights as outlined in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This article offers a doctrinal analysis of CEDAW, focusing on how AIS threaten women's rights to equality and non discrimination. It highlights indirect discrimination rooted in the systemic exclusion of women throughout the Al value chain and direct discrimination during deployment through data, algorithmic, and cognitive biases with intersectional effects. Viewing CEDAW as a living instrument, the article reviews the Committee's practices, including General Recommendation No. 40 on equal and inclusive representation, and argues that current guidance remains largely programmatic and fails to sufficiently address technical and procedural complexities - such as definitions of bias, baseline fairness metrics, dataset and model documentation, transparency regarding trade secrets, sex-disaggregated data, extraterritoriality, and content moderation. It thereforecalls far a dedicated CEDAW General Recommendation on Al systems that clarifies States parties' due diligence obligations. It concludes with reflections toward recognising the responsibility of transnational technology corporations.