The Right to Equality and Non-Discrimination in the Age of Artificial Intelligence: A Comparative Study of the Extent of Constitutional Protection in Jordan and France

Abstract

This study examined the challenges artificial intelligence (AI) poses to the right to equality and non-discrimination through a comparative analysis of Jordan and France. It focused on "algorithmic discrimination" arising from biased data or algorithms, which threatens constitutional principles. The findings revealed that while Jordan provides general protection through its constitution and legislation, these measures are insufficient to address the complexities of AI, lacking specialized legislation and effective oversight bodies.

Conversely, France possesses an advanced framework encompassing a robust constitution, legislation such as the GDPR, and jurisprudence establishing algorithmic transparency principles, further strengthened by its integration within the European system and the AI Act. The comparison uncovered a significant protection gap between the two countries. Consequently, the research recommended enacting a specialized Jordanian AI law, updating existing legislation, and enhancing judicial capabilities. For France, it emphasized the rigorous enforcement of the AI Act and the development of transparency tools. The study also called for establishing international principles to combat algorithmic discrimination and strengthening the role of the United Nations.

The study concluded that guaranteeing digital equality necessitates proactive legal frameworks and adaptable constitutional interpretation that keeps pace with technological advancement.