Original HRC document

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Document Type: Final Report

Date: 2018 Jun

Session: 38th Regular Session (2018 Jun)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.18-09877(E)



Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Report of the Special Rapporteur on violence against women, its causes and consequences on online violence against women and girls from a human rights perspective*

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of

the Special Rapporteur on violence against women, its causes and consequences, prepared

pursuant to Council resolution 32/19.

* The present report was submitted after the deadline in order to reflect recent developments.

United Nations A/HRC/38/47

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Activities of the Special Rapporteur ............................................................................................. 3

III. Online violence against women .................................................................................................... 4

A. Introduction .......................................................................................................................... 4

B. Definition, harm and manifestations of online and information and communications

technology-facilitated violence against women and girls ..................................................... 6

C. Application of the international human rights framework to online violence

against women and girls ....................................................................................................... 10

IV. Conclusion and recommendations ................................................................................................. 18

A. Recommendations for the United Nations ............................................................................ 18

B. Recommendations for States ................................................................................................ 19

C. Recommendations for Internet intermediaries ...................................................................... 21

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 32/19.

In accordance with the mandate’s priorities (see A/HRC/32/42), the Special Rapporteur on

violence against women, its causes and consequences, Dubravka Šimonović, analyses

online violence and violence facilitated by information and communications technology

(ICT) against women and girls from a human rights perspective.

II. Activities of the Special Rapporteur

2. On 5 October 2017, the Special Rapporteur, pursuant to General Assembly

resolution 69/147, presented her thematic report to the Assembly on the adequacy of the

international legal framework on violence against women (A/72/134), in which she

proposed the formulation of a global implementation plan on violence against women.

3. From 12 to 23 March 2018, the Special Rapporteur participated in the sixty-second

session of the Commission on the Status of Women, held in New York, at which she

delivered a statement,1 and attended several high-level panel discussions on issues relating

to violence against women. Within the context of the mandate’s initiative on strengthening

and institutionalizing cooperation between international and regional independent

mechanisms on women’s rights,2 the Special Rapporteur organized consultations and high-

level panel discussions on the themes “Institutional cooperation between global and

regional independent mechanisms dealing with violence and discrimination against

women” and “Fighting violence against women in politics” with the participation of the

Deputy Secretary-General, the Director of the United Nations Entity for Gender Equality

and the Empowerment of Women (UN-Women), the Chair of the Committee on the

Elimination of Discrimination against Women, two members of the Working Group on the

issue of discrimination against women in law and in practice, the Chair of the African

Commission on Human and Peoples’ Rights, the President of the Inter-American

Commission on Human Rights and the Rapporteur on the Rights of Women, the President

of the Group of experts on action against violence against women and domestic violence of

the Council of Europe and the President of the Committee of Experts of the Follow-up

Mechanism to the Belém do Pará Convention.

4. The Special Rapporteur and other international and regional independent

mechanisms on women’s rights also held a meeting with the Secretary-General, who

reiterated his support for the mandate’s initiative on institutionalizing cooperation between

independent international and regional mechanisms on violence against women.

5. On 4 November 2017, in Banjul, the Special Rapporteur participated in the sixty-

first ordinary session of the African Commission on Human and Peoples’ Rights, and

delivered a statement3 at the launch of its Guidelines on Combating Sexual Violence and its

Consequences in Africa.

6. On 6 November 2017, in Washington D.C., the Special Rapporteur participated in

an event convened by the Follow-up Mechanism to the Belém do Pará Convention on the

theme “International and regional mechanisms on violence against women”. On the

following day, she attended a high-level event on “Regional and international Mechanisms

for a comprehensive approach addressing violence against women and girls”, with the

participation of the Secretary-General of the Organization of American States.

1 See www.ohchr.org/Documents/Issues/Women/SR/StatementCSW12March2018.pdf.

2 See www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CooperationGlobal

RegionalMechanisms.aspx.

3 Office of the United Nations High Commissioner for Human Rights (OHCHR), “Statement by

Dubravka Simonovic, UN Special Rapporteur on violence against women at the 61st Ordinary Session

of the African Commission on Human and Peoples’ Rights”, press release, 4 November 2017.

7. On 14 November 2017, in Geneva, the mandate holder attended the official launch

by the Committee on the Elimination of Discrimination against Women of its general

recommendation No. 35 on gender-based violence against women, updating general

recommendation No. 19, in which the mandate holder actively participated upon invitation

by the Committee.

8. On 22 November 2017, the Special Rapporteur, together with a group of

independent human rights experts, marking the International Day on the Elimination of

Violence against women, issued a call to eradicate gender-based violence against women,

with a focus on sexual harassment and rape, urging States to update their national action

plans in accordance with the new general recommendation adopted by the Committee on

the Elimination of Discrimination against Women.4 On 7 December, in order to mark the 16

Days of Activism against Gender-based Violence campaign and International Human

Rights Day, the Special Rapporteur reiterated her call for the intensification of

international, regional and national efforts to prevent femicide or gender-related killings of

women, and for the worldwide adoption of a femicide watch or gender-related killings

observatories.5

9. From 25 February to 2 March 2018, in Bogotá, Colombia, the Special Rapporteur

attended the session of the Inter-American Commission on Human Rights, at which she

delivered a statement during a hearing on sexual and reproductive rights of women and

girls in Central America. From 14 to 18 May, the Special Rapporteur, pursuant to her

mandate, participated in the twenty-seventh session of the Commission on Crime

Prevention and Criminal Justice, and attended different panel discussions on gender-based

violence against women and femicide.

10. The Special Rapporteur conducted a country visit to the Bahamas from 11 to 15

December 2017 (see A/HRC/38/47/Add.2; see also Add.1) and to Canada from 11 to 23

April 2018. During the period under review, the Special Rapporteur addressed, including

jointly with other mandate holders, a total of over 50 communications relating to issues

falling within the scope of her mandate. The Special Rapporteur also issued several press

releases and statements jointly with other human rights mechanisms.

11. On 23 November 2017, in follow-up to a previous letter dated 4 April 2017, the

Special Rapporteur addressed a letter to the Director of UN-Women as administrator of the

United Nations Trust Fund in Support of Actions to Eliminate Violence against Women, to

initiate cooperation with the Trust Fund, as envisaged by the General Assembly in its

resolution 50/166.

III. Online violence against women6

A. Introduction

12. Online and ICT-facilitated forms of violence against women have become

increasingly common, particularly with the use, every day and everywhere, of social media

platforms and other technical applications (A/HRC/32/42 and Corr.1). In today’s digital

age, the Internet and ICT are rapidly creating new social digital spaces and transforming

how individuals meet, communicate and interact, and by this more generally, reshape

society as a whole. This development is especially critical for new generations of girls and

4 OHCHR, “International Day on the Elimination of Violence against Women – 25 November”, press

release, 22 November 2017.

5 OHCHR, “16 Days of Advocacy on ending violence against women and International Human Rights

Day”, press release, 7 December 2017.

6 The present report was informed by inputs received from stakeholders pursuant to a call by the

mandate holder for submissions, and a meeting, held on 16 and 17 January 2018, on due diligence to

eliminate online violence against women, organized by the Due Diligence Project and the Association

for Progressive Communications and hosted by the Global Women’s Institute of the George

Washington University.

boys, who are starting their lives extensively using new technologies to mediate in their

relationships, affecting all aspects of their lives. In the section below, the Special

Rapporteur considers the phenomenon of violence against women facilitated by new

technologies and digital spaces from a human rights perspective.

13. Even though the core international human rights instruments, including those on

women’s rights, were drafted before the advent of ICT, they provide a global and dynamic

set of rights and obligations with transformative potential, and have a key role to play in the

promotion and protection of fundamental human rights, including a woman’s rights to live

a life free from violence, to freedom of expression, to privacy, to have access to

information shared through ICT, and other rights.

14. When women and girls do have access to and use the Internet, they face online

forms and manifestations of violence that are part of the continuum multiple, recurring and

interrelated forms of gender-based violence against women. Despite the benefits and

empowering potential of the Internet and ICT, women and girls across the world have

increasingly voiced their concern at harmful, sexist, misogynistic and violent content and

behaviour online. It is therefore important to acknowledge that the Internet is being used in

a broader environment of widespread and systemic structural discrimination and gender-

based violence against women and girls, which frame their access to and use of the Internet

and other ICT. Emerging forms of ICT have facilitated new types of gender-based violence

and gender inequality in access to technologies, which hinder women’s and girls’ full

enjoyment of their human rights and their ability to achieve gender equality.7

15. Terminology in this area is still developing and not univocal. In several official

United Nations documents, and in particular the 2030 Agenda for Sustainable

Development, reference is made to the general and inclusive term “information and

communications technology” (or ICT), while in other reports “online violence”, “digital

violence” or “cyberviolence” are used. In the present report, the Special Rapporteur refers

to “ICT-facilitated violence against women” as the most inclusive term, but mainly uses

“online violence against women” as a more user-friendly expression. Where appropriate,

she uses both terms, as well as the terms “cyberviolence” and “technology-facilitated

violence” as alternatives. Mindful that many forms of online violence covered in the report

are perpetrated against both women and girls, she uses the term “women” in an inclusive

manner, which includes girls whenever applicable, 8 while recognizing that girls are a

frequent target of this form of violence.9

16. Despite being a relatively new phenomenon and, consequently, the lack of

comprehensive data, it has been estimated that 23 per cent of women have reported having

experienced online abuse or harassment at least once in their life, and that 1 in 10 women

has experienced some form of online violence since the age of 15.10

17. At the normative level, the interaction between technology and women’s human

rights standards is marked by the recognition of the principle that human rights protected

offline should also be protected online.11 Since women’s rights are human rights and the

prohibition of gender-based violence has been recognized as a principle of international

human rights law,12 women’s human rights as developed through comprehensive regional

and international conventions, jurisprudence and norms should be protected online,

including through the prohibition of gender-based violence in its ICT-facilitated and online

7 See International Telecommunications Union (ITU), “ICT facts and figures 2016”.

8 Girls are also protected by legislation on child pornography, which is outside the scope of the present

report.

9 See the Council of Europe Convention on the Protection of Children against Sexual Exploitation and

Sexual Abuse (the “Lanzarote Convention”). See also European Institute for Gender Equality, “Cyber

violence against women and girls”, 2017.

10 See European Union Agency for Fundamental Rights, “Violence against women: an EU-wide

survey”, 2014.

11 Human Rights Council resolution 32/13.

12 Committee on the Elimination of Discrimination against Women general recommendation No. 35

(No. 19).

forms. Furthermore, States have established positive obligations to ensure that fundamental

human rights are protected, respected and fulfilled.

18. Protecting women’s human rights and eliminating violence against women and girls

in public and private life in the “real world” remains a global challenge that has now spread

to the digital space of social media, such as Instagram, Twitter, Facebook, Reddit, YouTube

and Tumblr, and in other mobile telephone communications technology, micro-blogging

sites and messaging applications (such as WhatsApp, Snapchat, Messenger, Weibo and

Line), which are now a part of everyday life for many people around the world.

19. This new global digital space has great potential for ensuring the faster and fuller

promotion and enjoyment of all human rights, including women’s rights. The power to use

this potential for protecting women’s human rights and achieving gender equality does not,

however, reside only in the technologies themselves; much also depends on the ways that

people access and use those new technologies.13 There is a significant risk that the use of

ICT without a human rights-based approach and the prohibition of online gender-based

violence could broaden sexual and gender-based discrimination and violence against

women and girls in society even further.

20. Owing to the easy accessibility and dissemination of contents within in the digital

world, the social, economic, cultural and political structures and related forms of gender

discrimination and patriarchal patterns that result in gender-based violence offline are

reproduced, and sometimes amplified and redefined, in ICT, while new forms of violence

emerge. New forms of online violence are committed in a continuum and/or interaction

between online or digital space; it is often difficult to distinguish the consequences of

actions that are initiated in digital environments from offline realities, and vice versa. At

this stage of development in ICT, it is essential that the different forms of online violence

against women and girls be addressed through legislative and any other measures necessary

to combat and prevent such violence, while upholding the right to freedom of expression,

including access to information, the right to privacy and data protection, as well as the

rights of women that are protected under the international human rights framework.

21. The aim of the present thematic report is to start the process of understanding how to

effectively apply a human rights-based approach to prevent and combat online and ICT-

facilitated violence against women as human rights violations, which shares its root causes

with other forms of violence against women and should be dealt with in the broader context

of the elimination of all forms of discrimination against women.

B. Definition, harm and manifestations of online and information and

communications technology-facilitated violence against women and

girls

1. Definition

22. Violence against women is a form of discrimination against women and a human

rights violation falling under the Convention on the Elimination of All Forms of

Discrimination and other international and regional instruments, according to which

violence against women includes gender-based violence against women, that is, violence

directed against a woman because she is a woman and/or that affects women

disproportionately.14 Article 1 of the Declaration on the Elimination of Violence against

Women further specifies that violence against women is any act of gender-based violence

that results in, or is likely to result in, physical, sexual or psychological harm or suffering to

women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether

occurring in public or in private life.

13 See Thomas L. Friedman, “How Mark Zuckerberg Can Save Facebook – and Us”, New York Times,

27 March 2018.

14 Committee on the Elimination of Discrimination against Women general recommendations No. 19

(1992) on violence against women and No. 35 (2017) on gender-based violence against women,

updating general recommendation No. 19.

23. The definition of online violence against women therefore extends to any act of

gender-based violence against women that is committed, assisted or aggravated in part or

fully by the use of ICT, such as mobile phones and smartphones, the Internet, social media

platforms or email, against a woman because she is a woman, or affects women

disproportionately.

24. It is important to note from the outset that the Special Rapporteur report does not

aim to define and catalogue all forms of online violence against women and girls. The rapid

development of digital technology and spaces, including through artificial intelligence (AI),

will inevitably give rise to different and new manifestations of online violence against

women. She therefore aims to address some major concerns and to highlight some

contemporary online forms of violence against women and girls brought to her attention.

As digital spaces morph and develop, so too must the application and implementation of

human rights norms to these areas. The Special Rapporteur considers online pornography

and virtual manifestations of violence in video games, or violent interactive environments

to be outside the scope of the present report.

2. Harm

25. The consequences of and harm caused by different manifestations of online violence

are specifically gendered, given that women and girls suffer from particular stigma in the

context of structural inequality, discrimination and patriarchy. Women subjected to online

violence are often further victimized through harmful and negative gender stereotypes,

which are prohibited by international human rights law. The Internet has become a site of

diverse forms of violence against women and girls, in the form of pornography, sexist

games and breaches of privacy. For women who engage in public debate through the

Internet, the risk of harassment is experienced online; for example, an anonymous negative

campaign calling for the gang rape of a woman human rights defender, with racist abuse

posted in her Wikipedia profile. Female ICT users have publicly protested about sexist

attacks (A/HRC/23/50, para. 66).

26. Acts of online violence may force women to retreat from the Internet. Research

indicates that 28 per cent of women who had suffered ICT-based violence intentionally

reduced their presence online. 15 Other common outcomes are social isolation, whereby

victims or survivors withdraw from public life, including with family and friends, and

limited mobility, when they lose their freedom to move around safely.

27. Online and ICT-facilitated acts of gender-based violence against women and girls

include threats of such acts that result, or are likely to result, in psychological, physical,

sexual or economic harm or suffering to women. 16 They can cause a high degree of

psychological harm due to the scale and repeated occurrence of such acts. Victims and

survivors experience depression, anxiety and fear, and in some cases may also develop

suicidal tendencies. Technology-facilitated violence may also lead to physical harm

(including suicides), as well as economic harm. In some instances, the threat of physical

harm becomes a reality, when sexually explicit images or videos are posted on specialized

advertising sites for prostitution together with private information, such as a victim’s home

address. Economic harm can be done when the explicit image of a victim of cyberabuse

covers several pages of search engine results, making it difficult for the victim to find

employment, or even preventing the victim from even attempting to find employment

because of the shame and fear of potential employers discovering the images. Risk of harm

arises from both online content (sexist, misogynistic, degrading and stereotyped portrayals

of women, online pornography) and behaviours (bullying, stalking, harassment,

intimidation facilitated and perpetrated via social media, tracking applications, and

profiling technology).

15 See Japleen Pasricha, “‘Violence’ Online in India: Cybercrimes Against Women & Minorities on

Social Media”, Feminism in India, 2016.

16 See webpage of the Association for Progressive Communications on violence against women online

at www.genderit.org/onlinevaw/countries.

28. Women are both disproportionately targeted by online violence and suffer

disproportionately serious consequences as a result. Their access to technology is also

affected by intersectional forms of discrimination based on a number of other factors, such

as race, ethnicity, caste, sexual orientation, gender identity and expression, abilities, age,

class, income, culture, religion, and urban or rural setting. These forms of discrimination

are intersectional in that they are not only the result of a single particular individual

characteristic but the result of the interplay between them, which can result in more severe

consequences. Women who have multiple identities are often targeted online on the basis of

a combination of these factors, including racial discrimination and hate speech. Some

groups of women, such as women human rights defenders, women in politics, including

parliamentarians, 17 journalists, 18 bloggers, 19 young women, women belonging to ethnic

minorities and indigenous women,20 lesbian, bisexual and transgender women, 21 women

with disabilities and women from marginalized groups are particularly targeted by ICT-

facilitated violence (see A/HRC/35/9).

29. Women human rights defenders, journalists and politicians are directly targeted,

threatened, harassed or even killed for their work. They receive online threats, generally of

a misogynistic nature, often sexualized and specifically gendered. The violent nature of

these threats often leads to self-censorship. Some resort to the use of pseudonyms, while

others maintain low online profiles, an approach that can have a detrimental impact on their

professional lives and reputations. Others decide to suspend, deactivate or permanently

delete their online accounts, or to leave the profession entirely. Ultimately, the online abuse

against women journalists and women in the media are a direct attack on women’s visibility

and full participation in public life.22 The anonymity of perpetrators further heightens the

fear of violence, resulting in a sense of insecurity and distress experienced by the victims.

In addition to the impact on individuals, a major consequence of online and ICT-facilitated

gender-based violence is a society where women no longer feel safe either online or offline,

given the widespread impunity for perpetrators of gender-based violence.23 Online violence

against women not only violates a woman’s right to live free from violence and to

participate online but also undermines democratic exercise and good governance, and as

such creates a democratic deficit.

3. Manifestations

30. While many forms of online violence are not completely new, they take many forms

and target women and girls in multiple and different ways by owing to the specificity of

types of ICT, such as fast spreading (“viral”) and global searchability, and the persistence,

replicability and scalability of information, which also facilitates the contact of aggressors

with the women they target, as well as secondary victimization. 24 Technology has

transformed many forms of gender-based violence into something that can be perpetrated

17 Inter-Parliamentary Union, “Sexism, harassment and violence against women parliamentarians”,

Issues Brief, October 2016.

18 See Human Rights Council resolution 33/2, in which the Council condemned unequivocally the

specific attacks on women journalists in the exercise of their work, including sexual and gender-based

discrimination and violence, intimidation and harassment, online and offline.

19 OSCE, New Challenges to Freedom of Expression: Countering Online Abuse of Female Journalists

(2016), p. 5.

20 See Association for Progressive Communications, “Erotics: Sex, rights and the internet”, 2011;

Jane Bailey and Sara Shayan, “Missing and murdered indigenous women crisis: technological

dimensions”, Canadian Journal of Women and the Law, vol. 28, No. 2 (2016).

21 Witness Media Lab, Capturing Hate: Eyewitness Videos Provide New Source of Data on Prevalence

of Transphobic Violence (2016).

22 See Office of the Representative on Freedom of the Media of the Organization for Security and

Cooperation in Europe (OSCE), New Challenges to Freedom of Expression: Countering Online

Abuse of Female Journalists (OSCE, Vienna, 2016), and Committee to Protect Journalists, Attacks on

the Press, 2016 Edition, Gender and Media Freedom Worldwide.

23 See Internet Governance Forum, best practice forum on gender access, 2016.

24 See Danah Boyd, “Social Network Sites as Networked Publics: Affordances, Dynamics, and

Implications”, in Networked Self: Identity, Community and Culture on Social Network Sites

(Routledge, New York, 2011), pp. 39–58.

across distance, without physical contact and beyond borders through the use of anonymous

profiles to amplify the harm to victims. All forms of online gender-based violence are used

to control and attack women and to maintain and reinforce patriarchal norms, roles and

structures and an unequal power relationship. This is particularly evident when violence,

threats and harassment follow speeches or expression related to gender equality and

feminism, or where defenders of women’s rights are targeted for their work.

31. ICT may be used directly as a tool for making digital threats and inciting gender-

based violence, including threats of physical and/or sexual violence, rape, killing, unwanted

and harassing online communications, or even the encouragement of others to harm women

physically. It may also involve the dissemination of reputation-harming lies, electronic

sabotage in the form of spam and malignant viruses, impersonation of the victim online and

the sending of abusive emails or spam, blog posts, tweets or other online communications

in the victim’s name. ICT-facilitated violence against women may also be committed in the

work place25 or in the form of so-called “honour-based” violence or of domestic violence

by intimate partners. Women who speak out about their abuse online are frequently and

increasingly threatened with legal proceedings, such as for defamation, which aims to

prevent them from reporting their situation. Such behaviour may form part of a pattern of

domestic violence and abuse.

32. ICT tools are also used for trafficking in women and girls, or as a threat to compel

them into trafficking situations. Abusers may threaten the disclosure of private information

online to maintain power and control over their victims to prevent them from leaving the

relationship and/or from reporting abuse and pursuing their legal rights in court.

33. There are many new emerging forms of violence against women with ICT-related

names, such as “doxing”, “sextortion” and “trolling”. Some forms of violence against

women carry the prefix “online”, such as online mobbing, online stalking and online

harassment. New forms of violence have also developed, such as the non-consensual

distribution of intimate contents (“revenge porn”).

34. Online violence against women may be manifested in different forms and through

different means, such as non-consensual accessing, using, manipulating, disseminating or

sharing of private data, information and/or content, photographs and/or videos, including

sexualized images, audio clips and/or video clips or Photoshopped images.

35. “Sextortion” refers to the use of ICT to blackmail a victim. In such cases, the

perpetrator threatens to release intimate pictures of the victim in order to extort additional

explicit photos, videos, sexual acts or sex from the victim.

36. “Doxing” refers to the publication of private information, such as contact details, on

the Internet with malicious intent, usually with the insinuation that the victim is soliciting

sex (researching and broadcasting personally identifiable information about an individual

without consent, sometimes with the intention of exposing the woman to the “real” world

for harassment and/or other purposes). It includes situations where personal information

and data retrieved by a perpetrator is made public with malicious intent, clearly violating

the right to privacy.

37. “Trolling” consists in the posting of messages, the uploading of images or videos

and the creation of hashtags for the purpose of annoying, provoking or inciting violence

against women and girls. Many “trolls” are anonymous and use false accounts to generate

hate speech.26

38. Online mobbing and harassment refer to the online equivalents of mobbing or

harassment on social platforms, the Internet, in chat rooms, instant messaging and mobile

communications.

25 See International Labour Office, “Ending violence and harassment against women and men in the

world of work”, International Labour Conference, 107th session, 2018.

26 Instituto de las Mujeres del Distrito Federal, Programa Annual PAIMEF 2016: “CDMX Ciudad

Segura y Amigable para las Mujeres y las Niñas”, p. 20.

39. Online stalking is the repeated harassment of individuals, perpetrated by means of

mobile phones or messaging applications, in the form of crank calls or private

conversations on online applications (such as WhatsApp) or in online chat groups.27

40. Online sexual harassment refers to any form of online unwanted verbal or non-

verbal conduct of a sexual nature with the purpose or effect of violating the dignity of a

person, in particular by creating an intimidating, hostile, degrading, humiliating or

offensive environment.

41. “Revenge porn” consists in the non-consensual online dissemination of intimate

images, obtained with or without consent, with the purpose of shaming, stigmatizing or

harming the victim.

42. All the above-mentioned forms of online violence create a permanent digital record

that can be distributed worldwide and cannot be easily deleted, which may result in further

victimization of the victim. Relevant data and surveys have shown that, in the majority of

cases, online violence is not a gender-neutral crime. Surveys of the gender dimension of

online violence indeed indicate that 90 per cent of those victimized by non-consensual

digital distribution of intimate images are women.28

C. Application of the international human rights framework to online

violence against women and girls

1. Soft law developments addressing online violence against women and girls

43. In the past decade, there have been significant soft law developments in the

understanding and recognition of online gender-based violence in the international human

rights framework on women’s rights and violence against women.

44. The issue of online gender-based violence was first addressed in 2006 by the

Secretary-General in his in-depth study on all forms of violence against women

(A/61/122/Add.1 and Corr.1), in which he noted that more inquiry about the use of ICT was

needed so that emerging forms of violence could be recognized and better addressed.

45. In its resolution 20/8, the Human Rights Council clearly stated that the same rights

that people have offline must also be protected online. The view of the Internet and digital

technologies as enablers of rights and the digital space as an extension of rights held offline

paved the way for discussions on how digital technologies had an impact on women’s and

girls’ rights, specifically with regard to gender-based violence.29

46. In 2013, in its agreed conclusions, the Commission on the Status of Women called

upon States to use ICT to empower women and to develop mechanisms to combat violence

against women and girls (see E/2013/27).

47. In 2013, the General Assembly, in its resolution 68/181, went further by expressing

its grave concern that women human rights defenders were at risk of and suffered from

violations perpetrated both online and offline by State and non-State actors, and called upon

States to exercise due diligence and to promptly bring perpetrators to justice.

48. In 2015, the Human Rights Council, in its resolution 29/14, recognized that

domestic violence could include acts such as cyberbullying and cyberstalking — thereby

reinforcing the framing of online gender-based violence as part of the continuum of

violence against women — and that States had a primary responsibility for preventing and

promoting the human rights of women and girls facing violence, including those facing

domestic violence.

49. In 2016, the General Assembly, in its resolution 71/199, recognized that women

were particularly affected by violations of the right to privacy in the digital age, and called

27 See https://genderingsurveillance.internetdemocracy.in/.

28 See the website of the Cyber Civil Rights Initiative at www.cybercivilrights.org.

29 See Association for Progressive Communications and Hivos, “Global Information Society Watch

2013: Women’s rights, gender and ICTs”, 2013.

upon all States to further develop preventive measures and remedies. In 2017, the Human

Rights Council, in its resolution 34/7, reaffirmed this call, noting that abuses of the right to

privacy in the digital age may affect all individuals, including with particular effects on

women, as well as children and persons in vulnerable situations, or marginalized groups.

2. International human rights law applicable to online violence against women and girls

(a) The right to live free from gender-based violence

50. International and regional human rights instruments set out States’ obligations to

combat all forms of discrimination against women, including online violence against

women, and to protect their human rights, including every woman’s right to be free from

violence. The core women’s human right instruments, such as the Convention on the

Elimination of All Forms of Discrimination against Women, the Declaration on the

Elimination of Violence against Women and the Beijing Declaration and Platform for

Action, predate the development of the Internet and ICT, and consequently the emerging

forms of online violence against women. The Convention on the Elimination of All Forms

of Discrimination against Women has been progressively analysed by the Committee on the

Elimination of Discrimination against Women, which has addressed ICT-facilitated

violence against women in several general recommendations and concluding observations.

In its general recommendation No. 33 (2015) on women’s access to justice, it recognized

the important role of digital spaces and ICT for women’s empowerment. Furthermore, in its

general recommendation No. 35 (2017) on gender-based violence against women, the

Committee made clear that the Convention was fully applicable to technology-mediated

environments, such as the Internet and digital spaces, as settings where contemporary forms

of violence against women and girls were frequently committed in their redefined form. In

addition, it highlighted the important role of ICT in transforming social and cultural

stereotypes about women, as well as its potential in ensuring effectiveness and efficiency of

women in their access to justice (see general recommendation No. 34 (2016) on the rights

of rural women).30 In its general recommendation No. 36 (2017) on the right of girls and

women to education, the Committee also recognized how girls are affected by

cyberbullying, particularly in relation to their right to education. Recognizing the potential

that ICT and social media have to increase access to information and education, States

should develop and implement educational programmes, including comprehensive

women’s human rights education.

51. At the regional level, in the Council of Europe Convention on Preventing and

Combating Violence against Women and Domestic Violence, the States members of the

Council clearly request States to encourage the private sector, with due respect for freedom

of expression, to participate in the implementation of policies aimed at preventing violence

against women and to promote educational programmes for users on ways to address

abusive online content of a sexual or violent nature.

(b) The right to live free from gender-based violence and the right to freedom of

expression and access to information

52. Freedom of expression, enshrined in article 19 of the Universal Declaration on

Human Rights and article 19 of the International Covenant on Civil and Political Rights,

which guarantees the right of everyone “to hold opinions without interference and to seek,

receive and impart information and ideas through any media and regardless of frontiers,

either orally, in writing or in print, in the form of art, or through any other media of his/her

choice”, is now exercised in the digital space with the use of ICT and the Internet, including

the right to seek, receive and impart information freely on the Internet without censorship

or other interference. Freedom of expression is not, however, an absolute right, given that it

cannot be invoked to justify language or other forms of expression designed to incite

discrimination, hostility or violence (International Covenant on Civil and Political Rights,

art. 20 (2)), including online violence against women. Legislation intended to protect

30 See also Carly Nyst, “Technology-related violence against women: Recent legislative trends”,

Association for Progressive Communications, May 2014.

women against online violence but not carefully designed in accordance with the

international human rights framework may have adverse collateral effects on other human

rights; for instance, the Special Rapporteur on the promotion and protection of the right to

freedom of opinion and expression already pointed out that any State-imposed content

restrictions should be provided by law, pursue one of the purposes set out in article 19,

paragraph 3 of the Covenant, and respect the principles of necessity and proportionality

(see A/HRC/17/27, para. 24 and A/66/290, para. 15).31 In a joint statement with the

mandate holder, the Special Rapporteur had previously stressed that online gender-based

abuse and violence assaulted the basic principles of equality under international law and

freedom of expression, and underlined that ensuring an Internet free from gender-based

violence enhanced women’s empowerment. They also highlighted the fact that women

victims and survivors needed transparent and fast responses and effective remedies, which

could only be achieved if both States and private actors worked together and exercised due

diligence to eliminate online violence against women.32

53. Access to information includes access to ICT, which is often marked by gender

inequality or a gender digital divide, namely, gender-based discrimination against women

with regard to their access to and use of ICT, which hinders women’s full enjoyment of

their human rights. Women’s access to ICT is part of their right to freedom of expression,

and is necessary for the fulfilment of other basic human rights, such as the rights to

participate in political decision-making and to non-discrimination.

54. According to the International Telecommunications Union (ITU), between 2013 and

2017, the proportion of women using the Internet was 12 per cent lower than the proportion

of men using the Internet worldwide. In 2017, the global Internet penetration rate for men

stood at 50.9 per cent, compared to 44.9 per cent for women. While the gender gap had

narrowed in most regions since 2013, it had widened in Africa. In Africa, the proportion of

women using the Internet was 25 per cent lower than the proportion of men. In least

developed countries, only one out of seven women was using the Internet compared with

one out of five men.33

55. In this regard, the 2030 Agenda for Sustainable Development recognizes that the

spread of ICT and global interconnectedness has great potential to accelerate human

progress, to bridge the digital divide and to develop knowledge societies. Under Sustainable

Development Goal 5, it sets the objectives of achieving gender equality and the

empowerment of all women and girls through, among others, the elimination of all forms of

violence against all women and girls in the public and private spheres (target 5.2) and of

enhancing the use of enabling technology, in particular ICT, to promote women’s

empowerment (target 5.9). Moreover, Goal 9, target c urges States to significantly increase

access to ICT and strive to provide universal and affordable access to the Internet in least

developed countries by 2020. Similarly, the Committee on the Elimination of

Discrimination against Women, in its general recommendation No. 34 (2016) on the rights

of rural women, highlighted that ICT played a key role for the realization of women’s

human rights and that States had an obligation to improve and promote gender equality in

the ICT sector.34 At the regional level, article 17 of the Protocol to the African Charter on

Human and Peoples’ Rights on the Rights of Women in Africa states that “women shall

have the right to live in a positive cultural context and to participate at all levels in the

determination of cultural policies”.

56. In addition, in his report on ways to bridge the gender digital divide from a human

rights perspective (A/HRC/35/9), the United Nations High Commissioner for Human

Rights stressed that online violence against women must be dealt in the broader context of

31 In this regard, see also the factsheet of the European Court of Human Rights on Hate Speech (March

2018), available at www.echr.coe.int/Documents/FS_Hate_speech_ENG.pdf.

32 OHCHR, “UN experts urge States and companies to address online gender-based abuse but warn

against censorship”, press release, 8 March 2017.

33 ITU, ICT Facts and Figures 2017 (available from www.itu.int/en/ITU-

D/Statistics/Documents/facts/ICTFactsFigures2017.pdf).

34 See also Carly Nyst, “End violence: Women’s rights and safety online, Technology-related violence

against women: Recent legislative trends”, Association for Progressive Communications, May 2014.

offline gender discrimination and violence, and that States should enact adequate legislative

measures and ensure appropriate responses to address the phenomenon.

(c) The right to live free from gender-based violence and the right to privacy and data

protection

57. The right to privacy, as recognized under article 12 of the Universal Declaration of

Human Rights and article 17 of the International Covenant on Civil and Political Rights,

has been challenged in the digital environment. Data protection norms have also been

challenged by ICT innovations that have increased the capacity of States and of non-State

actors to conduct surveillance, decryption and mass data collection and use, which have an

impact on the individual’s rights to privacy. Many forms of online violence are per se acts

of gender-based violence that violate women’s and girls’ rights to privacy; for example, the

publication or posting online without consent of intimate photographs or Photoshopped

images that are sexualized or have been created to humiliate, shame or stigmatize a woman

is a violation of a woman’s right to dignity and to live a life free from violence.

58. In a recent report, the Special Rapporteur on the right to privacy highlighted the

need to examine cyberviolence against the more vulnerable, including domestic violence

enabled by digital devices, risks to the privacy of young children and embedded gender and

other biases in algorithms (A/HRC/37/62).

59. With the increasingly massive collection and storage of data by intermediaries and

other corporations, the protection of privacy is crucial. In 2013, the General Assembly has

expressed deep concern at the negative impact that surveillance and interception of

communications may have on human rights, as in the case of its resolution 68/167.

Companies that collect and store massive amounts of data should, like data banks, bear the

responsibility to protect their customers’ personal data. The General Data Protection

Regulation adopted by the European Union will, inter alia, require companies to implement

reasonable data protection measures to protect consumers’ personal data and privacy

against loss or exposure. It will also assert extraterritorial jurisdiction, given that it is

applicable to all companies in the European Union as well as to international companies

that collect or process personal data from subjects residing in it.

60. Encryption and anonymity, separately or together, create a zone of privacy to protect

freedom of expression and to facilitate the freedom to seek, receive and impart information

and ideas, regardless of frontiers. Anonymity online is an important role for women and

others at risk of discrimination and stigma, in that it allows them to seek information, find

solidarity and support and share opinions without fear of being identified. This holds

particularly true for individuals who face discrimination and persecution based on their

sexual orientation and gender identity (see A/HRC/29/32).

61. On related matters, a recent judgment by the Court of Justice of the European Union,

commonly referred to as Google v. Spain,35 established the “right to be forgotten” for

victims, according to which individuals may request to be delisted from search results

produced on the basis of a search term that includes their name when the data associated

with their name is “inadequate, irrelevant or no longer relevant” for the purposes of data

processing and if the information does not pertain to a public figure or is not of public

interest.

3. States’ human rights obligations to prevent and combat online violence against

women and girls

62. States have a human rights obligation to ensure that both State and non-State agents

refrain from engaging in any act of discrimination or violence against women. States have a

direct responsibility concerning violence perpetrated by agents of the State itself. They also

have due diligence obligations to prevent, investigate and punish acts of violence against

women committed by private companies, such as Internet intermediaries, in accordance

with article 2 (e) of the Convention on the Elimination of All Forms of Discrimination

35 See https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62012CJ0131.

against Women. According to article 4 (c) of the Declaration on the Elimination of

Violence against Women, States should exercise due diligence to prevent, investigate and

punish acts of violence against women.

63. Under its general recommendation No. 35 (2017), the Committee on the Elimination

of Discrimination against Women recommended that States encourage the private sector,

including businesses and transnational corporations, to take all appropriate measures to

eliminate all forms of discrimination, including violence against women, and to take

responsibility for any forms of violence. It follows that online and social media should be

encouraged to create or strengthen mechanisms focusing on the eradication of gender

stereotypes, and to end any gender-based violence committed on their platforms.

64. The fact that violations are perpetrated beyond the territorial limits and jurisdiction

of States also make it difficult for authorities, including law enforcement agencies, to

identify, investigate, prosecute perpetrators and provide remedies for survivors of gender-

based violence. It may also require extraterritorial cooperation between States.36

65. More specifically, States obligations concern a number of key areas, as described

below.37

(a) Prevention

66. Prevention includes measures to provide awareness of ICT-facilitated violence

against women and girls as forms of violence against women, as well as to establish and

provide information on services and legal protection available to stop violations and to

prevent their reoccurrence. States have an obligation to take all steps necessary to prevent

human rights violations perpetrated abroad by Internet intermediaries over which they

exercise influence, whether by regulatory means or by the use of incentives.38

(b) Protection

67. The obligation to protect victims of online violence against women encompasses the

establishment of procedures for the immediate removal of gender-based harmful content

through the elimination of the original material or its distribution. Protection also requires

immediate judicial action in the form of national court orders and the prompt intervention

of Internet intermediaries and, occasionally, may also require extraterritorial cooperation.39

It includes the provision of accessible services for survivors, such as legal aid services.

Protection also includes the obligation of States to take positive action to eradicate all forms

of violence, including manifestations of online violence, even where an individual has not

come forward to make a complaint (for example, in the case of online forums generally

advocating for violence against women).40

(c) Prosecution

68. Prosecution consists in the investigation of and instituting of proceedings against

perpetrators. Law enforcement bodies often trivialize online violence against women, and

their actions are unfortunately often characterized by a victim-blaming attitude when

dealing with these cases. The result of this attitude is a culture of silence and underreporting

where women victims are reluctant to speak out for fear of being blamed. Even when

women victims succeed in reporting a case and having it investigated, they encounter

36 See Committee on the Elimination of Discrimination against Women general recommendation No.

35.

37 See Zarizana Abdul Aziz and Janine Moussa, “Due Diligence Framework: State Accountability for

Eliminating Violence against Women”, Due Diligence Project, 2014; Zarizana Abdul Azis, “Due

Diligence and Accountability for Online Violence against Women”, APC Issue Papers, 2017; and

Internet Governance Forum, best practice forum on gender access, 2016.

38 Committee on the Elimination of Discrimination against Women general recommendation No. 35.

39 See for example the case of Sabu Mathew George v. Union of India and Others, Supreme Court of

India, 13 December 2017.

40 See “‘Incel’: Reddit bans misogynist men’s group blaming women for their celibacy”, Guardian, 8

November 2017.

further obstacles posed by the lack of technical knowledge and ability in the judiciary

(including court systems, magistrates and judges). In addition, the costs of litigation prevent

many survivors, particularly poorer women, from pursuing their cases in court. It is

therefore vital that the responses of first responders — including Internet intermediaries, the

police and helplines41 — and of the judiciary and regulators be assessed in order to achieve

a faithful depiction of the reality of women’s experiences and to facilitate their access to

justice and remedies.

(d) Punishment

69. Punishment entails the duty to punish perpetrators for their crimes by means of

sanctions that are necessary and proportionate to the offence. The certainty of adequate

punishment conveys the message that ICT-facilitated violence against women and girls will

not be tolerated, which is particularly important for women victims of online violence, who

often do not receive an effective response from State authorities and perceive a culture of

impunity for perpetrators.42

(e) Redress, reparation and remedies

70. In most cases, victims of gender-based violence are granted reparations as civil

remedies and include financial compensation to cover the costs of the quantifiable losses

incurred (such as the cost of medical care, loss of wages and damage to property), injuries

and non-quantifiable losses, in addition to the need for survivors to rebuild their lives in the

short, medium and long terms. Reparation measures include also the immediate removal of

the harmful content as well as forms of restitution, rehabilitation, satisfaction and

guarantees of non-repetition, combining measures that are symbolic, material, individual,

and collective, depending on the circumstances and the claims made by the victim. They

should also include an immediate injunction to prevent the publication of harmful content.

(f) Role of intermediaries

71. The role of private intermediaries in the regulation and governance of the Internet

has progressively come under scrutiny, given that online gender-based violence is usually

perpetrated on privately owned platforms, which are frequently in use across many

jurisdictions. Internet intermediaries play a central role in providing digital spaces for

interaction and, as such, have specific human right responsibilities. These responsibilities

have not, however, yet been fully addressed under the international human right

framework; for example, while the Guiding Principles on Business and Human Rights

affirm the responsibility of business enterprises to respect human rights in general, they do

not make any direct reference to the Convention on the Elimination of All Forms of

Discrimination against Women or other women’s rights instruments (see A/HRC/32/38,

para. 37).

72. Internet intermediaries, any corporation storing customers’, data, and those

providing cloud storage also have the duty to comply with human rights standards by

keeping the data secure, and should be accountable for the hacking of data if insufficient

safeguards are in place.

73. Although emphasis has been placed on the business and human rights

responsibilities of intermediaries, less focus has been placed on how their policies and

practices have an impact on women. Research indicates that inadequate and substandard

responses from intermediaries concerning online gender-based violence can have a negative

effect on freedom of expression, resulting in censorship by platforms, self-censorship or

41 Digital Rights Foundation, “December 2017: One Year of the Cyber Harassment Helpline Countering

Online Violence”, 7 January 2018.

42 See Internet Governance Forum, Best Practice Forums: Handbook 2015.

censorship by other users, and do not provide victims of harassment with any form of

redress.43

74. Many intermediaries have now developed policies that allow for the identification,

reporting and rectification of incidents of harassment or violence against women committed

on the platforms of Internet service providers. In particular, social media intermediaries

have established separate mechanisms to address online abuse, including through the

establishment of internal rules aimed at “blocking” online abusers or removing contents

that are not considered permissible.

75. Another issue relating to the policies of intermediaries is anonymity and

pseudonymity. While anonymity provides a veil for harassers and makes it harder to

identify and take action against them, anonymity and pseudonymity are also crucial facets

of privacy and freedom of expression for women. Women who have anonymous or

pseudonymous online profiles are therefore also adversely affected by the policies on

anonymity of certain intermediaries. From a gendered perspective, women should be able

to use pseudonyms, which can help them to escape an abusive partner, stalkers, repeat

harassers and accounts associated with the sharing of non-consensual pornography.44 As a

result, women, especially women human rights defenders, who choose to remain

anonymous on websites like Facebook are often reported by harassers for possessing a

“fake” profile. Instead of engaging actions against the harassers, intermediaries sometimes

require the women concerned to disclose their identity, which can put them at risk of

serious harm. For this reason, the policy has come under severe criticism from civil society

groups. Responding to these criticisms, Facebook changed its policy slightly and now

requires complainants to provide some amount of proof. In this context, human rights

safeguards against arbitrary censorship by intermediaries are crucial.45

76. Overall, companies seem unwilling to report how much content is being flagged and

removed and under what self-designed criteria. Although some attempts have been made,

the transparency of decision-making and in the application of standards to guarantee the

prompt reporting of gender-based violence on platforms is limited.46

77. While preserving anonymity for users is essential, the identification of perpetrators

is necessary if online gender-based violence is to be addressed. Access to justice requires

identification processes and the ability to link digital identifiers, such as an IP address, to

physical devices and perpetrators by an independent judiciary. A variety of carefully

tailored legal tools could facilitate such an identification process.

4. National legal efforts to address online and information and communications

technology-facilitated violence against women and girls

78. Some cases of online violence against women have drawn media attention and

resulted in important debates on the need for legislative reforms, including the adoption of

specific laws; for example, the posting of images of a sexual nature shared online that

resulted in the tragic suicide of young girls47 have prompted a debate on the need for

legislative reforms, including the adoption of specific laws.

79. Owing to the pace at which online acts of violence against women can be

committed, victims require prompt relief from effective legal protection mechanisms,

remedies and redress. In reality, however, many States do not have a holistic legal

framework on combating and preventing violence against women, including with regard to

specific provisions on online and ICT-facilitated violence against women, and have not

43 See Rima Athar, “From impunity to justice: Improving corporate policies to end technology-related

violence against women”, Association for Progressive Communications, 2014.

44 See Lis Miss Hot Mess, “Facebook’s ‘real name’ policy hurts real people and creates a new digital

divide”, Guardian, 3 June 2015.

45 See IT for Change, “Technology-mediated Violence against Women in India”, January 2017.

46 See “#ToxicTwitter: Violence and Abuse against Women Online”, Amnesty International, March

2018.

47 For instance, in Canada the suicide of two girls prompted the Government of Canada to adopt, in

2015, Bill C-13 on the non-consensual distribution of intimate images.

acceded to all core human rights treaties. This creates multiple barriers to access to justice

for women victims and a sense of impunity for perpetrators.

80. Some States have updated their existing legal frameworks to address online violence

against women. The legal instruments most frequently used in this regard are cybercrime

laws, criminal laws, laws on domestic violence and violence against women, hate speech

laws and laws on data protection and privacy.

81. In some legal contexts, current laws may be sufficiently broad and flexible to be

applied to some forms of online violence, but this may not be the case everywhere. Where

there is no specialized law, victims are compelled to sue perpetrators through a patchwork

of related crimes that may not be adequate; for instance, some victims have brought claims

under laws relating to the protection of privacy or to defamation. In cases where gaps in

criminal laws exist, victims have attempted to seek recourse through civil means, but this

does not adequately address their rights to justice and remedy, and contributes to continuing

impunity.

82. In many States, the non-consensual online dissemination of intimate or sexually

explicit images of an adult person, even if identifying information is included with the

image, is not per se illegal. In States where such acts are not criminalized, prosecutors are

limited to charging perpetrators with other crimes, such as stalking, harassment, unlawful

surveillance or the dissemination of child pornography. Without criminalization, victims

cannot protect their human rights to privacy and dignity. Even where criminal laws

specifically criminalize the non-consensual distribution of sexually explicit images, many

such laws have shortcomings; for example, many criminal laws require evidence of the

intent to cause harm or emotional distress to the victim, which may be difficult to prove,

making convictions harder to achieve. Moreover, many laws currently in place do not

address threats to release a certain image or video.

83. Some States have enacted specific laws to address online stalking, online harassment

and the non-consensual sharing of intimate images, while others have applied other

domestic laws to address these crimes. There is an example of a State classifying the non-

consensual dissemination of sexual images as an aggravating circumstance in domestic

violence-related offences, which allowed for penalties for convictions on charges of

domestic assault, stalking or violations of a restraining order. Other States have developed

legislation on ICT-related offences, such as the unauthorized modification of or access to

data and communications.

84. Other States have also expanded the application of family violence protection orders

issued by courts to cases of non-consensual distribution of intimate images and

cyberstalking. In other cases, victims subjected to online bullying have been given the

opportunity to request the court to issue a protection order against an individual. Some

States also require electronic service providers to assist courts in the identification of

individuals responsible for cyberbullying, which allows victims to sue perpetrators for

damages.

85. Even when a specialized legal framework is in place, legal and regulatory

mechanisms, including law enforcement officials, are not always trained or equipped to

implement it effectively owing to the lack of adequate gender-sensitive training and the

general perception that online abuse is not a serious crime.

5. Civil society-led initiatives

86. Certain non-governmental organization-led initiatives, such as specialized helplines,

have been organized with a view to providing support to women and girls who have been

subjected to online gender-based violence. One example is the Access Now Digital Security

Helpline, 48 which helps women at risk to improve their digital security practices and

provides rapid-response emergency assistance for women already under attack. The service,

which is available 24 hours a day, seven days a week in eight languages, aims to respond to

all requests it receives within two hours. Another example is the Digital Rights

48 See www.accessnow.org/help/.

Foundation,49 based in Pakistan, which addresses online harassment, technology and gender

through research, advocacy and service delivery. Its Cyber Harassment Helpline is the

region’s first dedicated helpline for cases of online harassment and violence.

87. Awareness-raising initiatives have been organized, such as the Internet Democracy

Project,50 a not-for-profit initiative based in New Delhi, which provides research, advocacy

and spaces for debate on online violence and its prevention. In Germany, rape crisis centres

and women’s counselling centres seek to raise awareness, provide support and educate on

preventing online violence.51 Another example is the International Federation of Journalists,

which, together with the South Asia Media Solidarity Network, has campaigned against the

online abuse of women journalists and launched in March 2017 the ByteBack campaign,

dedicated to fighting online harassment.52 The Association for Progressive

Communications, a global network of non-governmental organizations, has organized the

“End violence: Women’s rights and safety online” project, which focuses on capacity-

building for human rights activists and women’s organizations in the use of technology in

their activities.

88. Lastly (among many others), the Project Shift: Creating a Safer Digital World for

Young Women, led by YWCA Canada, aims to prevent and eliminate cyberviolence

against young women and girls. The project has also led to the preparation of “A Guide for

Trusted Adults: Practical Tips and Tools for Supporting Girls and Young Women

Navigating Life Online”.53

IV. Conclusion and recommendations

89. International human rights law and the Sustainable Development Goals and

targets on achieving gender equality, empowering women and girls and eliminating

violence against women in public and private life are fully applicable in digital spaces

and actions enabled by ICT. Moreover, the principle that human rights and women’s

rights protected offline must also be protected online should fully integrate the right

to live free from emerging forms of online and ICT-facilitated violence against women,

while respecting the right to freedom of expression and the right to privacy and data

protection. Given its characteristics, ICT should serve as a tool for accelerating the

achievement of all human rights, including gender equality, the empowerment of

women and the elimination of discrimination and violence against women.

90. Legal and policy measures to eradicate online gender-based violence against

women should be framed within the broader framework of human rights that

addresses the structural discrimination, violence and inequalities that women face,

and seek to create an enabling environment for achieving gender equality through the

use of ICT.

91. To achieve the above-mentioned goals, any effective response to online gender-

based violence against women will require the cooperation of States, Internet

intermediaries and all other stakeholders on the acceptance and implementation of all

core international human rights instruments, including those on women’s rights.

A. Recommendations for the United Nations

92. The Special Rapporteur on the right to privacy, the Special Rapporteur on the

promotion and protection of the right to freedom of opinion and expression, the

Special Rapporteur on violence against women, its causes and consequences, and

other special procedure mandate holders and relevant treaty bodies should

49 See https://digitalrightsfoundation.pk/cyber-harassment-helpline.

50 See http://internetdemocracy.in.

51 See www.frauen-gegen-gewalt.de/the-federal-association.html.

52 See https://samsn.ifj.org/ifj-byteback-campaign/.

53 Available from http://ywcacanada.ca/data/documents/00000543.pdf.

coordinate, with the support of OHCHR and UN-Women, to tackle human right

violations online, in general, and online violence against women, in particular, in their

work, reports and recommendations.

B. Recommendations for States

93. States should recognize online and ICT-facilitated violence against women as a

human rights violation and a form of discrimination and gender-based violence

against women, and duly apply core international human rights instruments.

94. States should implement the principle that the human rights and women’s

rights protected offline should be protected online by the ratification and

implementation of all core human rights treaties.

95. States should, in accordance with the principle of due diligence, enact new laws

and measures to prohibit new emerging forms of online gender-based violence. Such

laws should be grounded in international women’s human rights law and standards,

as outlined in the Convention on the Elimination of All Forms of Discrimination

against Women (with due consideration for general recommendations Nos. 19 and 35

of the Committee on the Elimination of Discrimination against Women) and the

Declaration on the Elimination of Violence against Women, and in other global and

regional women’s human rights instrument, such as the Inter-American Convention

on the Prevention, Punishment and Eradication of Violence against Women (Belém do

Pará Convention), the Council of Europe Convention on Preventing and Combating

Violence against Women and Domestic Violence and the Protocol to the African

Charter on Human and Peoples’ Rights on the Rights of Women in Africa.

Furthermore, States should ensure that their legal frameworks adequately protect all

women’s human rights online, including the right to life free from violence, freedom

of expression and access to information, and the right to privacy and data protection.

96. States should collect and publish data disaggregated by sex on Internet and

ICT availability, and take measures to eliminate any gender inequality in access to

technologies, in accordance with article 4.1 of the Convention on the Elimination of

All Forms of Discrimination against Women.

97. States should also promote digital literacy in the use of the Internet and ICT for

all, without sex- or gender-based discrimination, and promote gender equality at all

levels of education, including online education, from early childhood onwards.

98. States should draft a United Nations resolution on women’s human rights and

online and ICT-facilitated violence against women, and develop United Nations

guidelines on the role of intermediaries in that respect.

99. States should, in accordance with the principle of due diligence, ensure that

regulations on Internet intermediaries respect the international human rights

framework, including that with regard to business and human rights, which should be

explicitly expanded to include women’s human rights instruments that prohibit

gender-based violence online.

100. States should ensure that effective measures are taken to prevent the

publication of harmful material that comprises gender-based violence against women,

and for their removal on an urgent basis. States should adopt, or adapt (as

appropriate) their criminal and civil causes of action to hold perpetrators liable. Such

legislative measures should be applicable also to threats of releasing harmful

information or content online.

101. States should clearly prohibit and criminalize online violence against women, in

particular the non-consensual distribution of intimate images, online harassment and

stalking. The criminalization of online violence against women should encompass all

elements of this type of abuse, including subsequent “re-sharing” of harmful content.

The threat to disseminate non-consensual images must be made illegal so that

advocates and prosecutors may intervene and prevent the abuse before it is

perpetrated.

102. States should apply a gender perspective to all online forms of violence, which

are usually criminalized in a gender-neutral manner, in order to address them as acts

of gender-based violence. Criminal or civil causes of action should allow women

victims to pursue legal action, with adequate protection of their privacy, and avoid

secondary victimization of women; without such protection, victims attempting to

erase content may be exposed to the risk of having their case made even more public.

103. States should provide victims with legal recourse and appropriate legal aid in

order that they may request from the court an order that harmful content be

destroyed, in addition to an interim order that the perpetrator promptly cease

circulating the material pending a resolution of the legal case, in collaboration with

Internet intermediaries.

104. States should allow victims to obtain protection orders (for example,

restraining orders) in family or civil courts to prevent their abusers from posting or

sharing intimate images without their consent or engaging in other form of

harassment or violence, whether online or offline.

105. States should provide training for magistrates, lawyers, police and all other law

enforcement officials and frontline workers to ensure their ability to investigate and

prosecute perpetrators, and foster public trust in obtaining justice for cases of online

and ICT-facilitated violence.

106. States should also develop specialized, clear, efficient and transparent internal

and external protocols and codes of conduct for its law enforcement officials

addressing online violence against women to enable them to better understand that

online violence is a form of gender-based violence that warrants a serious, trauma-

informed response.

107. States should provide protective measures and services for victims of online

gender-based violence; this includes specialized helplines to provide support to those

who have been attacked online, shelters and protection orders.

108. States should provide reparation measures, which should not, however, rely on

compensation only. Such measures should include forms of restitution, rehabilitation,

satisfaction and guarantees of non-repetition, combining measures that are symbolic,

material, individual and collective, depending on the circumstances and the

preferences of the victim.

109. States should develop their cooperation with private intermediaries and

national human rights institutions, and support civil society organizations that

address online violence against women.

110. States should provide education, outreach and gender-sensitive training for

Internet users on online and ICT-facilitated violence against women and girls in

schools and communities as a way to prevent it.

111. States should inform children and teenagers about the risks of taking, or

allowing others to take, intimate images, and that the dissemination of such images is

a form of gender-based violence and a crime. Girls should also learn about safety on

social media platforms and the Internet, and how to protect their own privacy online.

112. States should guarantee the enforcement of strong data protection regulations

and ensure the accountability of data holders in cases of breach.

113. States should protect and encourage the development of technology, including

of encryption and anonymity tools that protect the rights and security of women

online.

114. States should periodically publish incident reports at the national level, in

cooperation with private intermediaries, and promote the creation of national

observatories of online and ICT-facilitated violence against women and girls.

C. Recommendations for Internet intermediaries

115. Internet intermediaries should uphold the principle that human rights are

protected online, and voluntary accept and apply all core international human rights

and women’s rights instruments with a view to contributing to universal human rights

protection and achieving the empowerment of women, and the elimination of

discrimination and violence against them in digital space. In this respect, they should

actively cooperate with the treaty bodies and the special procedures, and in particular

with the Special Rapporteur on violence against women, its causes and consequences,

and with independent international and regional women’s rights mechanisms.

116. Intermediaries should adopt transparent complaint mechanisms for cases of

online and ICT-facilitated violence against women and girls. Policies and procedures

for reporting and requesting the removal of harmful content should be easily

accessible and transparent. Intermediaries should publish clear and a comprehensive

contents moderation policy and human rights safeguards against arbitrary

censorship, and transparent reviews and appeal processes.

117. Intermediaries should provide terms of service and reporting tools in local

languages. Reporting tools should be accessible, user-friendly and easy to find.

118. Intermediaries should ensure data security and privacy, and ensure that the use

of data is in compliance with international human rights law and has the fully

informed consent of data providers.

119. Internet platforms should commit to eradicating online gender-based violence.

In this sense, they should allocate resources to information and education campaigns

on preventing ICT-facilitated violence against women and girls and on promoting

human rights and digital security.