A/HRC/35/9
III. A human rights framework for bridging the gender digital
divide
A.
Applying a human rights-based approach
12.
In its resolution 32/13, the Human Rights Council affirmed the importance of
applying a comprehensive human rights-based approach in providing and expanding access
to the Internet, while calling on all States to make efforts to bridge the many forms of
digital divides, and in particular the gender digital divide. The Council called on States to
enhance the use of enabling technology, in particular information and communications
technology, to promote the empowerment of all women and girls. The Special Rapporteur
on the promotion and protection of the right to freedom of opinion and expression has
stated that, without Internet access, which facilitates economic development and the
enjoyment of a range of human rights, marginalized groups may remain trapped in a
disadvantaged situation, thereby perpetuating inequality; 22 such groups may include
women.
13.
A systematic approach to embedding human rights in efforts to tackle the gender
digital divide requires addressing the full range of women’s human rights that are affected
by ICTs. It should also take into account the underlying context in which women live,
which involves multiple and intersecting barriers to the exercise of their human rights.
Inhibitors to ICT access and use by women should be addressed as part of the State’s
obligation to respect, protect and fulfil all human rights. This includes establishing and
maintaining an enabling online environment that is safe and conducive to engagement by
all, without discrimination and with special attention to the needs of groups facing systemic
inequalities, in particular women within these groups. As affirmed in successive Human
Rights Council resolutions and General Assembly resolution 71/199, the same rights that
people have offline must also be protected online. 23
14.
A human rights-based approach applies human rights norms and standards to
relevant policies and programmes. This includes establishing and maintaining key
principles such as accountability, equality and non-discrimination, participation,
transparency, empowerment and sustainability. 24 Additionally, an Internet governance
structure premised on human rights should ensure that individuals can challenge violations
of their rights and that remedies are accessible and effective.25
15.
States have an obligation to protect persons within their jurisdiction from undue
interference with their human rights by third parties, 26 including business enterprises.
Business enterprises, including those active in the ICT sector, have a responsibility to
respect human rights. In accordance with the Guiding Principles on Business and Human
Rights, enterprises should avoid infringing on human rights and should identify, prevent,
mitigate and account for any adverse impact on human rights that they cause, contribute to
or are directly linked to.27
16.
The Sustainable Development Goals offer an important tool for reinforcing the
existing human rights obligations of States to bridge the gender digital divide. 28 States have
committed to strive for universal and affordable access to the Internet in least developed
countries by 2020 (target 9 (c) of the Goals), as well as to ensure that women and men have
equal access to basic services, including new technology, by 2030 (target 1.4). They have
also pledged to enhance the use of enabling technology, in particular ICTs, to promote the
22
23
24
25
26
27
28
See A/HRC/17/27, para. 62.
See Council resolutions 20/8 and 26/13.
See A/HRC/14/39, para. 32, and OHCHR, A Human Rights-Based Approach to Data: Leaving No
One Behind in the 2030 Development Agenda (2016).
See A/HRC/27/37, paras. 40-41.
See Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal
obligation imposed on States parties to the Covenant, para. 8.
A/HRC/17/31, annex. See also Human Rights Council resolution 17/4.
See General Assembly resolution 70/1, para. 15. See also ITU, Action Plan to Close the Digital
Gender Gap (2015), second page.
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