RES/38/5 Accelerating efforts to eliminate violence against women and girls: preventing and responding to violence against women and girls in digital contexts

GE.18-11727(E)



Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 5 July 2018

38/5. Accelerating efforts to eliminate violence against women and girls:

preventing and responding to violence against women and girls in

digital contexts

The Human Rights Council,

Reaffirming the obligation of all States to respect, protect and fulfil all human rights

and fundamental freedoms, and reaffirming also the fact that all forms of discrimination on

the basis of sex are contrary to the Charter of the United Nations, the Universal Declaration

of Human Rights, the International Covenant on Civil and Political Rights, the International

Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of

All Forms of Discrimination against Women, the Convention on the Rights of Persons with

Disabilities, the Convention on the Rights of the Child and the International Convention on

the Elimination of All Forms of Racial Discrimination,

Reaffirming also the Vienna Declaration and Programme of Action, the Declaration

on the Elimination of Violence against Women, the Beijing Declaration and Platform for

Action, the Programme of Action of the International Conference on Population and

Development, and the outcomes of their review conferences, and the United Nations

Declaration on the Rights of Indigenous Peoples,

Recalling all relevant resolutions of the Human Rights Council, the Commission on

Human Rights, the General Assembly and the Security Council and the relevant resolutions

and agreed conclusions of the Commission on the Status of Women, which, inter alia,

affirmed that all forms of violence against women and girls must be prevented, condemned

and eliminated,

Reaffirming the importance of fully implementing General Assembly resolution 70/1

of 25 September 2015, entitled “Transforming our world: the 2030 Agenda for Sustainable

Development”, including the commitment of all States to achieve gender equality and

empower all women and girls, and to eliminate all forms of violence against all women and

girls in the public and private spheres,

Recalling the Guiding Principles on Business and Human Rights: Implementing the

United Nations “Protect, Respect and Remedy” Framework, including the responsibility of

business enterprises to respect human rights, bearing in mind the different risks faced by

women and men,

United Nations A/HRC/RES/38/5

Acknowledging the important role played by regional conventions, instruments,

declarations and initiatives to eliminate violence against women and girls,

Reaffirming that the same rights that people have offline must also be protected

online,

Taking note with appreciation of the report of the Special Rapporteur on violence

against women, its causes and consequences, on online violence against women and girls,1

Taking note with appreciation also of the report of the Special Rapporteur on the

promotion and protection of the right to freedom of opinion and expression on the use of

encryption and anonymity in digital communications,2

Taking note of the report of the United Nations Entity for Gender Equality and the

Empowerment of Women on the activities of the United Nations Trust Fund in Support of

Actions to Eliminate Violence against Women,3

Recognizing that digital technologies can play an important role in empowering

women and girls to exercise all human rights, including the right to freedom of opinion and

expression, and in their full, equal and effective participation in political, economic,

cultural and social life,

Expressing deep concern at the continued prevalence of violence against all women

and girls in all its different forms and manifestations worldwide, and re-emphasizing that

violence against women and girls violates, abuses or impairs their human rights and, as

such, is completely unacceptable,

Stressing that “violence against women and girls” means any act of gender-based

violence that results in, or is likely to result in, physical, sexual or psychological harm or

suffering to women and girls, including threats of such acts, coercion or arbitrary

deprivation of liberty, whether occurring in public or in private life, including in digital

contexts, and noting the economic and social harm caused by such violence,

Reiterating the need to intensify efforts at all levels and to engage with all

stakeholders, including men and boys alongside women and girls as agents of change, to

prevent and eliminate all forms of violence against women and girls in the public and

private spheres, including the need to challenge gender stereotypes and the negative social

norms, attitudes and behaviours that underlie and perpetuate such violence,

Recognizing that violations, abuses, discrimination and violence against women and

girls in digital contexts, inter alia, harassment, stalking, bullying, threats of sexual and

gender-based violence, death threats, arbitrary or unlawful surveillance and tracking,

trafficking in persons, extortion, censorship and the hacking of digital accounts, mobile

telephones and other electronic devices, with a view to discrediting women and girls and/or

inciting other violations and abuses against them, are a growing concern and underline the

need to address systemic gender-based discrimination through effective responses that are

in accordance with human rights,

Recognizing also that violence against women and girls, including in digital

contexts, is a global phenomenon rooted in historical and structural inequalities in power

relations between women and men, which further reinforce gender stereotypes and barriers

to women’s and girls’ full enjoyment of all human rights, and that all forms of violence

against women and girls constitute a major impediment to their full, equal and effective

participation in society, the economy, and political and individual decision-making, as well

as in leadership roles, hindering them from the exercise and enjoyment of human rights and

fundamental freedoms,

Recognizing further that violence against women and girls is a manifestation of

gender inequality and discrimination against women and girls, and can impede their

economic empowerment and impose direct and indirect short- and long-term costs on

1 A/HRC/38/47.

2 A/HRC/29/32.

3 A/HRC/35/3–E/CN.6/2017/7.

individuals and society, including loss of livelihood and lack of access to digital financial

services and the psychological and physical impact thereof, as well as additional expenses

relating to health-care services, the legal sector, social welfare and specialized services,

Condemning the dissemination of content that promotes and reinforces violence

against women and girls, which can result in the perpetual revictimization and

retraumatization of women and girls, given that a permanent digital record is created by

content shared in digital contexts,

Recognizing the particular risk of violence faced by all women and girls who suffer

multiple and intersecting forms of discrimination, and stressing the urgent need to address

all forms of violence and discrimination against them,

Strongly condemning all acts of violence against women and girls involved in

political and public life, including women parliamentarians, political candidates, journalists

and human rights defenders,

Expressing concern at the institutional and structural discrimination against women

and girls, such as laws, policies, regulations, programmes, administrative procedures or

structures, services and practices that directly or indirectly restrict equal access to digital

technologies, health-care services, education and employment, thus hindering their

empowerment, increasing their vulnerability to violence and compounding the violence

experienced,

Recognizing the need to ensure the integration of gender perspectives and to

promote the early, full and effective participation of women and girls in the

conceptualization, development and implementation of digital technologies and related

policies, regulation and legislation in an effort to prevent and eliminate violence against

women and girls in digital contexts,

Recognizing also the need to strengthen partnerships among all stakeholders to build

the capacity of women to fully participate in and enjoy the benefits of the information

society, including e-governance, where it exists and as it is developed, and participatory

approaches,

Recognizing further that the multi-jurisdictional and transnational nature of violence

against women and girls in digital contexts and the continual use and adaptation of digital

technologies by perpetrators to avoid detection and investigation call for active cooperation

among different actors, including States and their law enforcement and judicial authorities,

and private actors with regard to detecting crimes, reporting them to competent authorities

for investigation, safeguarding electronic evidence of crimes and handing the evidence over

to those authorities in a timely manner,

1. Expresses outrage at the persistence and pervasiveness of all forms of

violence against women and girls worldwide;

2. Condemns in the strongest possible terms all forms of violence against

women and girls, including sexual and gender-based violence, perpetrated through the use

of digital technologies;

3. Expresses deep concern that all forms of discrimination, intimidation,

harassment and violence in digital contexts prevent women and girls from fully enjoying

their human rights and fundamental freedoms, including the right to freedom of opinion and

expression, the rights to freedom of peaceful assembly and of association, and the right to

privacy, in accordance with obligations under international law, which hinders their full,

equal and effective participation in economic, social, cultural and political affairs and is an

impediment to achieving gender equality and the empowerment of all women and girls;

4. Recognizes that the right of women and girls to the enjoyment of the highest

attainable standard of physical and mental health includes having access to the information,

education and means to exercise this right, both online and offline;

5. Also recognizes that digital technologies can offer access to information that

enables women and girls to make informed and autonomous decisions in matters regarding

their own bodies, lives and health, including their sexual and reproductive health and

reproductive rights, in accordance with the Beijing Declaration and Platform for Action and

the Programme of Action of the International Conference on Population and Development

and the outcomes of their review conferences;

6. Further recognizes that encryption and anonymity may contribute to

individuals’ full enjoyment of human rights, including the right to freedom of opinion and

expression and the right to privacy, in accordance with international law, and may empower

individuals, including women and girls, to access information and ideas, to seek help,

assistance and guidance and to freely explore and express ideas relating to their identity and

human rights;

7. Draws attention to the fact that, in order to ensure the full participation of

women and girls in the digital age, digital divides, which disproportionately affect women

and girls living in rural or remote areas, need to be addressed by facilitating women’s and

girls’ equal access to digital technologies, to science, technology, engineering and

mathematics education and to a technological environment that is conducive to engagement

by all women and girls, including through the use of assistive technologies, and promotes a

safe and secure digital environment for women and girls, without discrimination or risk of

violence and with particular focus on the needs of women and girls facing intersecting

systemic inequalities;

8. Stresses that violence against women and girls may discourage them from

using digital technologies, thereby depriving them of effective tools to fully enjoy their

human rights, and could result in additional economic, social and psychological harm to

them;

9. Recognizes that a proactive and reactive multipronged approach, working

with all relevant parties, to eliminate violence against women and girls in digital contexts is

required, including education and media campaigns, promoting a culture of respect and

non-discrimination online and offline, and maintaining awareness of technological change

in order to respond to new methods of violence against women and girls in digital contexts

as they emerge;

10. Calls upon States to take immediate and effective action to prevent all forms

of violence against women and girls, including in digital contexts, by:

(a) Developing, reviewing and strengthening inclusive policies, including by

allocating adequate resources to address the historical, structural and underlying causes,

including unequal power relations, and risk factors of violence against women and girls,

and ensuring that laws and policies are harmonized to address widespread violence against

women and girls and are in compliance with their international human rights obligations;

(b) Prioritizing the integration of gender perspectives, and ensuring the early, full

and effective participation of women and girls in the development and implementation of

national policies, legislation, programmes, projects, strategies and regulatory and technical

instruments in the area of digital technologies and creating monitoring and accountability

mechanisms to ensure implementation of gender-sensitive policies and regulations, as well

as analysing the gender impact of such policies in consultation and collaboration with

women digital technology specialists, civil society organizations and gender equality

advocates;

(c) Supporting initiatives taken by, inter alia, relevant international and non-

governmental organizations, business enterprises, faith and community groups, religious

leaders, parliamentarians, journalists, national human rights institutions, human rights

defenders, including women human rights defenders, and indigenous leaders and groups, as

part of their efforts to develop targeted and accessible responses, programmes and policies,

including by allocating adequate resources aimed at promoting gender equality and at

preventing, responding to and protecting women and girls from violence in digital contexts;

(d) Encouraging digital technology companies, including Internet service

providers and digital platforms, to strengthen or adopt positive measures, including internal

policies, to promote gender equality in the design, implementation and use of digital

technologies with a view to eliminating violence against women and girls, and to refrain

from presenting women and girls as inferior beings and exploiting them as sexual objects

and commodities, thereby empowering women and girls as key actors and contributors to

and beneficiaries of sustainable development;

(e) Promoting, supporting and facilitating the full, equal and meaningful

participation of women and girls in digital technology conceptualization, development and

implementation so that they can fully, safely and actively participate in decision-making,

policies and institutions at all levels;

(f) Developing and implementing educational programmes and teaching

materials, including comprehensive sexuality education, based on full and accurate

information, for all adolescents and youth, in a manner consistent with their evolving

capacities, with their meaningful participation, with appropriate direction and guidance

from parents and legal guardians, and with the active involvement of all relevant

stakeholders, in order to empower them to safely use and navigate digital technologies, to

modify the social and cultural patterns of conduct of men and women of all ages, to

eliminate prejudices and to promote and build decision-making, communication and risk

reduction skills for the development of respectful relationships based on gender equality

and human rights, as well as teacher education and training programmes for both formal

and non-formal education;

(g) Ensuring that women and girls are able to exercise the right to freedom of

opinion and expression online and offline without discrimination, and do not experience

violence or threats of violence while exercising this right;

(h) Enacting and enforcing the necessary legislative or other measures, in

cooperation with relevant stakeholders, including the private sector and civil society

organizations, to prevent and eliminate violence against women and girls in digital

contexts;

(i) Mainstreaming a gender perspective into their criminal justice systems and

into efforts to prevent and combat crime, including digital technology-mediated and

transnational organized crime, including by developing and implementing national criminal

justice legislation, policies and programmes that take into account the important role and

specific needs of women and girls and by promoting gender-specific measures in crime

prevention and protection policies;

11. Also calls upon States to take immediate and effective action to respond to all

forms of violence against women and girls, including in digital contexts, and to protect all

victims and survivors by:

(a) Holding perpetrators to account and combating impunity for all forms of

violence, including violence used to intimidate women and girls who are exercising the

right to freedom of opinion and expression;

(b) Ensuring that legislation allows for the timely and effective investigation,

prosecution, sanction and redress of violence against women and girls in digital contexts;

(c) Publicly condemning all forms of violence against women and girls through

media and information campaigns and providing women and girls with effective remedies

for violence that takes place in digital contexts, including remedies that protect their

privacy and avoid their secondary victimization;

(d) Ensuring the promotion and protection of the human rights of all women and

their sexual and reproductive health and reproductive rights, in accordance with the

Programme of Action of the International Conference on Population and Development, the

Beijing Declaration and Platform for Action and the outcome documents of their review

conferences, including through the development and enforcement of policies and legal

frameworks, and strengthening health systems that make quality comprehensive sexual and

reproductive health-care services, commodities, information and education universally

accessible and available, including in digital contexts, including, inter alia, safe and

effective methods of modern contraception, emergency contraception, prevention

programmes for adolescent pregnancy, maternal health care, such as skilled birth

attendance and emergency obstetric care, which will reduce obstetric fistula and other

complications of pregnancy and delivery, safe abortion where such services are permitted

by national law, and the prevention and treatment of reproductive tract infections, sexually

transmitted infections, HIV and reproductive cancers, and recognizing that human rights

include the right to have control over and to decide freely and responsibly on matters

related to their sexuality, including sexual and reproductive health, free from coercion,

discrimination and violence;

(e) Removing gender bias from the administration of justice and enhancing the

capacity and capability of law enforcement officials to address violence against women and

girls, including by providing systematic gender-sensitivity and awareness training, as

appropriate, for police and security forces, prosecutors, judges and lawyers, integrating a

gender perspective into security sector reform initiatives, developing protocols and

guidelines, and enhancing or putting in place appropriate accountability measures for

adjudicators;

(f) Ensuring that all actors involved in or attempting to commit violence against

women and girls are held accountable and brought to justice, taking into account the multi-

jurisdictional and transnational nature of violence against women and girls in digital

contexts;

(g) Encouraging business enterprises, in the effective implementation of the

Guiding Principles on Business and Human Rights, to protect the private data of women

and girls, to create transparent and effective processes for reporting violence and to develop

policies that meaningfully protect women and girls from violence in digital contexts;

(h) Encouraging and ensuring the participation of women and girls in the

development and implementation of policies, programmes and other initiatives aimed at

eliminating violence against women and girls in digital contexts;

(i) Establishing a system to regularly collect, analyse and publish statistical data

disaggregated by sex, age and disability status on complaints about all forms of gender-

based violence against women and girls;

12. Encourages States and, as appropriate, the relevant funds and programmes,

organizations and specialized agencies of the United Nations system, international financial

institutions, civil society organizations, the private sector and other stakeholders:

(a) To collect, share, positively recognize and widely publicize good practices to

counter gender stereotyping, negative portrayals and the exploitation of women and girls in

all forms of media and digital technologies as part of their efforts to eliminate violence and

discrimination against women and girls;

(b) To enhance, for the benefit of women and girls, international cooperation in

support of national efforts to create an enabling environment to reduce the digital and

information divides between developed and developing countries, and to promote, develop

and enhance access to digital technologies;

13. Welcomes the panel discussion on violence against women and girls, held

during the annual full-day discussion on women’s human rights at the thirty-eighth session

of the Human Rights Council, and requests the Office of the United Nations High

Commissioner for Human Rights to present a summary report on the discussion to the

Council at its fortieth session;

14. Decides to continue its consideration of the issue of the elimination of all

forms of violence against women and girls, its causes and consequences as a matter of high

priority, in conformity with its annual programme of work.

37th meeting

5 July 2018

[Adopted without a vote.]