EU endorses Council of Europe AI equality recommendation

The Council of the EU has adopted Council Decision (EU) 2025/2350, setting the Union’s position for the Council of Europe’s Draft Recommendation on equality and artificial intelligence. The recommendation aims to ensure AI systems promote equality, including gender equality, and avoid reinforcing discrimination. It is designed to align with the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, signed by the EU in 2024.

While the recommendation is non-binding and imposes no direct legal obligations on Member States, it may influence interpretation and application of the EU Artificial Intelligence Act (Regulation 2024/1689). The Council emphasized that any guidance stemming from the recommendation must remain consistent with EU law to avoid conflict with the AI Act’s harmonized rules on placing and using AI systems in the EU market.

Under Decision (EU) 2025/2350, the EU will not object to the recommendation’s approval, provided no changes are introduced that contradict or exceed the obligations set out in the AI Act. The position will be expressed jointly by EU Member States, as the Union is not itself a member of the Council of Europe.

The decision entered into force on the date of adoption. Approval of the recommendation is expected during the November 2025 joint plenary of the Council of Europe’s Gender Equality Commission (GEC) and the Steering Committee on Anti-Discrimination, Diversity and Inclusion (CDADI). Legal practitioners should monitor any final text to assess potential implications for AI governance and compliance strategies under the AI Act.