A/HRC/38/47
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 genderbased 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
37
38
39
40
14
See Committee on the Elimination of Discrimination against Women general recommendation No.
35.
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.
Committee on the Elimination of Discrimination against Women general recommendation No. 35.
See for example the case of Sabu Mathew George v. Union of India and Others, Supreme Court of
India, 13 December 2017.
See “‘Incel’: Reddit bans misogynist men’s group blaming women for their celibacy”, Guardian, 8
November 2017.
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