A/HRC/38/47
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
32
33
34
12
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.
OHCHR, “UN experts urge States and companies to address online gender-based abuse but warn
against censorship”, press release, 8 March 2017.
ITU, ICT Facts and Figures 2017 (available from www.itu.int/en/ITUD/Statistics/Documents/facts/ICTFactsFigures2017.pdf).
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.
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