A/HRC/38/47
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.
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