A/HRC/35/9
removal of unlawful content, investigation and action against perpetrators, and the
provision of redress and reparation to victims. Any such measures should comply with
international human rights norms and standards; in particular, no action may amount to
undue restrictions on freedom of expression. 89
38.
Inputs received from some States for the report outlined measures implemented to
combat online violence against women, including education, legislation, preventive actions,
reporting mechanisms and various other initiatives. 90 A number of States have examined
how they can use or clarify existing laws to address online violence against women, while
others have adopted laws specifically addressing online violence, often in a gender-neutral
manner. 91 However, reports indicate that in many States, law enforcement agencies and
courts are failing to take appropriate action in situations of online violence against women,
or are using such laws as a pretext to restrict freedom of expression. 92
39.
Business enterprises have also begun to address this issue, for example by
developing tools that allow users to block specific individuals, safeguard their privacy or
tailor their interactions to protect themselves against abusive behaviour. 93 It is important
that such tools comply with the requirements set out in article 19 (3) of the International
Covenant on Civil and Political Rights regarding permissible restrictions on freedom of
expression. Inputs to the report provided examples of community-led initiatives, including
online victim support platforms and organizations offering digital security guidance and
counselling.94 Other examples of ICTs designed to prevent offline violence against women
include mobile device-based safety applications, such as “panic buttons”. 95 Other
technology-based tools in this area include “data escrows” (third party data trusts) to
facilitate confidential reporting of sexual assault. 96
D.
Emerging issues: data-driven technologies
40.
The advent of big data and artificial intelligence may have an impact on women’s
rights and on the gender digital divide. Data-driven technologies may provide new
opportunities to solve societal problems and perform a range of complex tasks in everyday
life, but there is also a risk of increasing disparities for those who do not have access, and
of reinforcing, or even amplifying, gender inequalities due to data gaps and bias. For
example, while big data analytics may offer possibilities to make gender-based
discrimination more visible and to quantify women’s political, economic, social and health
89
90
91
92
93
94
95
96
12
In accordance with article 19 (3) of the International Covenant on Civil and Political Rights, any
restriction on the freedom of expression, to be legitimate, must be provided by law and necessary for
the respect of the rights or reputations of others or for the protection of national security or of public
order, or of public health or morals. Any restriction must be sufficiently precise to provide individuals
with adequate guidance and publicly accessible, and must not confer upon authorities unfettered
discretion for the restriction (Human Rights Committee, general comment No. 34, para. 25).
See also GenderIT (2014), “End Violence Research Findings”; DLA-Piper, “Online harassment: a
comparative policy analysis for Hollaback“ (2016); Internet Governance Forum 2015: Best Practice
Forum on Online Abuse and Gender-Based Violence against Women (2015).
The European Agency for Fundamental Rights has raised the issue of whether current legislation on
violence against women is well-suited to fight cyberstalking and cyberharassment (see Violence
against Women: An EU-wide Survey (2014)).
See Association for Progressive Communications, “From impunity to justice: domestic legal remedies
for cases of technology-related violence against women” (2015); World Wide Web Foundation, Web
Index (2014), chap. 4.2; Association for Progressive Communications, “Technology-related violence
against women” (2015), pp. 3-4.
See input by Twitter #PositionOfStrength programme. In February 2017, Google released a machine
learning tool designed to flag “toxic comments” (see www.perspectiveapi.com/).
See, for example, inputs by Digital Rights Foundation, Access Now and Hollaback! See also
www.takebackthetech.net and https://tacticaltech.org/projects/security-box.
See the Centre for Internet and Society and the Bachchao Project, “Evaluating safety buttons on
mobile devices: technological interventions, personal safety, and women’s agency” (2017). Amnesty
International has developed a basic panic button application in an attempt to address privacy and
security concerns (see www.panicbutton.io).
See www.projectcallisto.org.
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