Digital Rights from a Gender Perspective in the Employment Context

Abstract

The Spanish Digital Rights Charter of 2023, although not binding, expresses a more than programmatic declaration of recognition of rights in the digital sphere. Its text makes abundant and very interesting references to the gender dimension, as well as to the fight against discrimination. These allusions are pertinent because digitalization has produced greater exposure to violations of the fundamental right under Article 14 of the Constitution. This study comprehensively addresses the perspective of equality between women and men, based on common assumptions regarding digital divides, which are accentuated when they affect particularly vulnerable groups due to their intersectional membership in groups that are victims of discrimination. Furthermore, the presence of algorithmic management models and decisions produced by Artificial Intelligence does not prevent, but rather accentuates, exposure to biases of all kinds, and particularly gender biases. With these premises, the study delves into an analysis of the problems of digitalization in relation to employment, particularly in light of the new Law 3/2023, of February 28, as well as the European Regulation on Artificial Intelligence. On the other hand, the digital revolution exposes people in general and women workers in particular to occupational risks, some new, others already classic, but heightened, and in particular to situations of harassment, including sexual and gender-based harassment. At the same time, the forms of service provision most exposed to digitalization, such as teleworking, require a more in-depth analysis regarding their specific impact on women. Likewise, all those that, in one way or another, require some telematic or digital connection raise the need to guarantee the right to digital disconnection. Finally, but not least, an analysis of collective rights, particularly those of participation and negotiation, is necessary in the digital context and using this gender perspective. This article offers some reflections on all these issues.