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Protecting women and girls from violence in the digital age (2021)
The relevance of the Istanbul Convention and the Budapest Convention on Cybercrime in addressing online and technology-facilitated violence against women
The Istanbul Convention is the most far-reaching international treaty to tackle violence against women and domestic violence. Its comprehensive set of provisions spans far-ranging preventive and protective measures as well as a number of obligations to ensure an adequate criminal justice response to such serious violations of human rights. The Budapest Convention on Cybercrime is the most relevant international agreement on cybercrime and electronic evidence. It provides for the criminalisation of offences against and by means of computers, procedural law tools to secure electronic evidence, and for international co-operation among Parties.
This study looks at the complementary application of these two conventions to address online and technology-facilitated violence against women through co-ordinated policies, prevention, protection, prosecution and international co-operation.
The Istanbul Convention is the most far-reaching international treaty to tackle violence against women and domestic violence. Its comprehensive set of provisions spans far-ranging preventive and protective measures as well as a number of obligations to ensure an adequate criminal justice response to such serious violations of human rights. The Budapest Convention on Cybercrime is the most relevant international agreement on cybercrime and electronic evidence. It provides for the criminalisation of offences against and by means of computers, procedural law tools to secure electronic evidence, and for international co-operation among Parties.
This study looks at the complementary application of these two conventions to address online and technology-facilitated violence against women through co-ordinated policies, prevention, protection, prosecution and international co-operation.
EXECUTIVE SUMMARY
INTRODUCTION
CHAPTER I - DEFINING ONLINE AND TECHNOLOGY-FACILITATED VIOLENCE AGAINST WOMEN
APPENDIX 1: DISCUSSION ON IMAGE-BASED SEXUAL ABUSE AS A SEXUAL AND GENDER-BASED CYBERCRIME AND A FORM OF ONLINE SEXUAL HARASSMENT WITH AGGRAVATING CIRCUMSTANCES
APPENDIX 2: DISCUSSION ON EXISTING FRAMEWORKS ON SEXIST HATE SPEECH ONLINE AND RESPONSES TO IT IN LAW AND IN INTERNET PLATFORM PRACTICE
APPENDIX 3: GLOSSARY OF TERMS
APPENDIX 4: REFERENCES
INTRODUCTION
CHAPTER I - DEFINING ONLINE AND TECHNOLOGY-FACILITATED VIOLENCE AGAINST WOMEN
THE PHENOMENON: WHAT, HOW AND WHERE?
FORMS OF TECHNOLOGY-FACILITATED VIOLENCE AGAINST WOMEN
VICTIMISATION CHARACTERISTICS
CHALLENGES FACING THE VICTIMS
CHAPTER II - THE ISTANBUL CONVENTION AND ONLINE AND TECHNOLOGY-FACILITATED VIOLENCE AGAINST WOMEN
SCOPE
MONITORING MECHANISM
RELATIONSHIP WITH OTHER INSTRUMENTS
CHAPTER III - THE BUDAPEST CONVENTION
THE TEXT AND ITS SCOPE
ADDITIONAL PROTOCOLS TO THE BUDAPEST CONVENTION
The first additional protocol
The forthcoming second additional protocol
FOLLOW-UP COMMITTEE AND CYBERCRIME PROGRAMME OFFICE
CHAPTER IV - INTERNATIONAL AND REGIONAL INSTRUMENTS COVERING THE ISSUE OF ONLINE AND TECHNOLOGY-FACILITATED VIOLENCE AGAINST WOMEN
CEDAW COMMITTEE GENERAL RECOMMENDATION NO. 35
COUNCIL OF EUROPE RECOMMENDATION ON PREVENTING AND COMBATING SEXISM
COUNCIL OF EUROPE GENDER EQUALITY STRATEGY
EU GENDER EQUALITY STRATEGY
EU STRATEGY ON VICTIM’S RIGHTS
COUNCIL OF EUROPE CONVENTION 108+ AND THE GDPR
THE EU DIGITAL SERVICES ACT
THE PROPOSAL FOR E-EVIDENCE
THE EU CODE OF CONDUCT ON COUNTERING ILLEGAL HATE SPEECH ONLINE
CHAPTER V - FOCUS ON ARTICLES 33, 34 AND 40 OF THE ISTANBUL CONVENTION
SEXUAL AND GENDERED ONLINE HARASSMENT
A note on cyberbullying
Non-consensual image or video sharing
Online sexual harassment containing exploitation, coercion and threats
Sexualised bullying
Applicable Budapest Convention provisions
ONLINE AND TECHNOLOGY-FACILITATED STALKING
Spyware/stalkerware and tracking via GPS or geolocation
Scaring, threatening and controlling via the Internet of Things (IoT)
Applicable Budapest Convention provisions
FORMS OF ONLINE AND TECHNOLOGY-FACILITATED PSYCHOLOGICAL VIOLENCE
CHAPTER VI - RELEVANT PROVISIONS OF THE ISTANBUL AND BUDAPEST CONVENTIONS
INTEGRATED POLICIES
PREVENTION
PROTECTION
PROSECUTION
INVESTIGATION, PROSECUTION, PROCEDURAL LAW AND PROTECTIVE MEASURES
INTERNATIONAL CO-OPERATION
CHAPTER VII - CONCLUDING REMARKS AND RECOMMENDATIONS
CONCLUDING REMARKS
RECOMMENDATIONS
APPENDIX 1: DISCUSSION ON IMAGE-BASED SEXUAL ABUSE AS A SEXUAL AND GENDER-BASED CYBERCRIME AND A FORM OF ONLINE SEXUAL HARASSMENT WITH AGGRAVATING CIRCUMSTANCES
APPENDIX 2: DISCUSSION ON EXISTING FRAMEWORKS ON SEXIST HATE SPEECH ONLINE AND RESPONSES TO IT IN LAW AND IN INTERNET PLATFORM PRACTICE
APPENDIX 3: GLOSSARY OF TERMS
APPENDIX 4: REFERENCES
The relevance of the Istanbul Convention and the Budapest Convention on Cybercrime in addressing online and technology-facilitated violence against women
The Istanbul Convention is the most far-reaching international treaty to tackle violence against women and domestic violence. Its comprehensive set of provisions spans far-ranging preventive and protective measures as well as a number of obligations to ensure an adequate criminal justice response to such serious violations of human rights. The Budapest Convention on Cybercrime is the most relevant international agreement on cybercrime and electronic evidence. It provides for the criminalisation of offences against and by means of computers, procedural law tools to secure electronic evidence, and for international co-operation among Parties.
This study looks at the complementary application of these two conventions to address online and technology-facilitated violence against women through co-ordinated policies, prevention, protection, prosecution and international co-operation.
The Istanbul Convention is the most far-reaching international treaty to tackle violence against women and domestic violence. Its comprehensive set of provisions spans far-ranging preventive and protective measures as well as a number of obligations to ensure an adequate criminal justice response to such serious violations of human rights. The Budapest Convention on Cybercrime is the most relevant international agreement on cybercrime and electronic evidence. It provides for the criminalisation of offences against and by means of computers, procedural law tools to secure electronic evidence, and for international co-operation among Parties.
This study looks at the complementary application of these two conventions to address online and technology-facilitated violence against women through co-ordinated policies, prevention, protection, prosecution and international co-operation.