A/HRC/43/52
(b)
Respect, protect and facilitate the right to privacy to enable individuals to enjoy
other rights, such as the rights to assemble and express opinions, irrespective of their gender,
by:
(i)
Promoting Internet access for all, regardless of gender, and bridging any digital
gender divides using relevant mechanisms, including building digital skills and
appropriate online behaviour;
(ii)
Reducing infringements of privacy based on gender by:
a.
Adopting robust privacy and data protection laws and policies;
b.
Making public commitments on addressing gender differences
in the enjoyment of the right to privacy;
c.
Running public awareness campaigns, training courses and
continuing professional development programmes with comprehensive,
affirmative and accurate material on sexual, biological, physical and
psychological diversity and human rights;
d.
Adopting all measures necessary to eliminate the stigma
associated with gender diversity, including ensuring internal and external
communications that constructively address privacy and gender issues;
e.
Requiring gender-aware privacy impact assessments before
introducing new products, services, strategies, legislation, procedures and
initiatives;
(c)
Ensure that requirements for the provision by individuals of sex and gender
information:
(i)
Are relevant, reasonable and necessary, as required by law for a legitimate
purpose in the circumstances in which such provision is sought;
(ii)
Respect the right to self-determination of gender;
(iii) Protect against the arbitrary or unwanted disclosure or threatened disclosure of
such information;
(iv) Support research into the right to privacy and gender to better understand the
benefits, prevention and mitigation of harms arising from infringements of privacy.
28.
States should take all legislative, policy, administrative and other measures, in line
with international human rights norms and standards, necessary to ensure that:
(a)
All individuals have information about their civil, political, economic, social
and cultural rights in relation to gender, by:
(i)
Ensuring access to international and regional treaties and instruments; national
constitutions, laws and regulations; research studies, reports, data and archives;
reports and information submitted by the State to international and regional bodies
and mechanisms; and other relevant information to enable the exercise of the right to
privacy and remedy for violation of the right;
(ii)
Providing and supporting education and public information programmes to
promote the right to privacy and gender inclusiveness, including relevant training of
judicial and law enforcement officers and other public officials in relation to their
human rights obligations regarding gender;
(b)
Privacy infringements based on gender, by public or private actors, are
prevented by ensuring that:
(i)
The applied legal bases to prevent and penalize privacy breaches are aligned
with relevant laws and treaties at the global, regional and national levels and
incorporate provisions to enhance privacy, regardless of gender;
(ii)
There is consistency among laws relating to privacy and gender, such as
consumer safety, employment, health care, anti-discrimination and corporate
regulations;
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