Work

Better together? Human oversight as means to achieve fairness in the European AI Act governance

Year: 2025

Type: article

Abstract: In this article, we investigate the relationship between human oversight and fairness within the evolving framework of EU AI regulatory governance. We address two core research questions: (1) How are human oversight and fairness related? and (2) To what extent does the AI Act establish a framework for human oversight that effectively supports the implementation of the various dimensions of fairness? Based on a review of interdisciplinary literature, the article identifies three normative claims linking human oversight to fairness: first, that human oversight can help mitigate bias and error in AI systems; second, that it can function as a mechanism of accountability by assigning oversight to natural persons where AI systems lack legal liability; and third, that it can introduce human empathy and contextual sensitivity into decision-making processes, enabling a substantive notion of fairness that takes into account individual circumstances. A critical analysis of the AI Act reveals that while these normative aspirations are acknowledged, the Act only partially operationalises them, leaving several aspects of fairness insufficiently supported.

Source: Cambridge Forum on AI Law and Governance

DOI: 10.1017/cfl.2025.10010

Authors: Ana Maria Corrêa, Sara Garsia, Abdullah Elbi

Institution: KU Leuven

Language: English

Topic: Ethics and Social Impacts of AI

Subfield: Safety Research

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $3,550