Key elements for the regulation of algorithmic discrimination in the peruvian legal framework

Espinoza-Escobar J.H. · Ius et Praxis (2025) · DOI: 10.4067/s0718-00122025000200163

Resumen

This essay analyzes the need for appropriate regulation of artificial intelligence systems in recruitment processes to safeguard the right to non-discriminatory access to employment, adopting a ius fundamental perspective. It aims to counteract algorithmic biases and prevent the perpetuation and amplification of existing forms of discrimination in Peru. This perspective aligns the development and use of technology with a protective stance toward human dignity and the right to equality. The essay presents the specific characteristics of discrimination in Peru and, based on existing anti-discrimination regulations and Law No. 31814, Peru’s first law on artificial intelligence, proposes key elements to be integrated into the Peruvian legal framework. These elements are intended to enhance the law's implementation and to effectively promote fair and dignified access to employment in the digital era.

Instituciones: Universidad Privada Norbert Wiener