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. 5