MORENA TORO

MENTA SIRUELA

BLISS

ALBERTINA

In the beginning, the Internet was introduced as a neutral space where the po...

Is Internet a neutral space?

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To better understand the threats and situations that may arise in digital env...

Types of technology-facilitated gender-based violence

Understanding and addressing technology-facilitated gender-based violence is ...

Types of perpetrators and their motivations

When we talk about digital rights, we refer to human rights in the digital sp...

Digital Rights

Online gender-based violence can have various effects both personally and soc...

Effects of online violence

To combat online violence, we must address the problem in a comprehensive way...

Challenges in addressing TFGBV



![Violence as a monster attacking women {image-right}](/blog-files/paginas/blog-00.png)

"Digital or online gender violence refers to acts of gender violence committed instigated or aggravated, in part or totally, by the use of Information and Communication Technologies (ICT), social media platforms and email." **([APC 2015](https://www.genderit.org/articles/impunity-justice-exploring-corporate-and-legal-remedies-technology-related-violence-against))**

"There is still no global consensus on the definition of technology-facilitated gender-based violence. However, it is understood when it is committed and spreads through digital media, against a woman –because she is a woman–, or when it affects women disproportionately." **([UN Women, 2020](https://www.unwomen.org/en/digital-library/publications/2020/04/brief-online-and-ict-facilitated-violence-against-women-and-girls-during-covid-19))**

"Technology-facilitated gender-based violence is “any act that is committed, assisted, aggravated or amplified by  the  use  of  information communication  technologies  or  other  digital  tools  which   results   in   or   is   likely   to   result   in   physical,   sexual,   psychological,   social,   political   or   economic  harm or other infringements of rights and freedoms." **([UN, 2023](https://unric.org/en/how-technology-facilitated-gender-based-violence-impacts-women-and-girls/))**

"This violence causes psychological and emotional damage, reinforces prejudices, damages reputation, causes economic loss, and poses barriers to participation in public life. It can also lead to forms of sexual violence and other forms of physical violence." **([Luchadoras, 2017](https://luchadoras.mx/wp-content/uploads/2024/10/Informe_ViolenciaEnLineaMexico_InternetEsNuestra.pdf))**

## Background

### 2023: Innovation, technological change, and education in the digital age to achieve gender equality and the empowerment of all women and girls

- This document gathers the voices of organizations, women's networks, and feminists from the Latin American region and presents necessary and urgent priorities and recommendations to address innovation, technological change, and education in the digital age. **([ONU Mujeres, 2023](https://lac.unwomen.org/sites/default/files/2023-02/ESP%20Innovacion%20y%20cambio%20tecnologico%20y%20educacion.pdf))**

### 2022: Agreement on Protective Measures for Women in Situations of Gender-Based Violence

-  During the Pro-Tempore Presidency held by Argentina, Mercosur issued the "Mutual regional recognition of protection measures for women in gender-based violence situations". This agreement extends the protection for women victims of gender-based violence across Mercosur countries and Associated States. **([Mercosur, 2022](https://normas.mercosur.int/simfiles/normativas/73855_REC_004-2019_ES_Reconocimiento%20mutuo%20medidas%20proteccion.pdf))**

### 2021:  Disproportionate Impact of Technology-Facilitated Violence on Freedom of Expression

-  In her report to the General Assembly, UN Special Rapporteur Irene Khan highlighted the disproportionate impact of digital gender-based violence on freedom of opinion and expression. She made recommendations to create a safe digital environment in resolution (A/76/258). **([UN, 2021](https://undocs.org/es/A/76/258))**

### 2020: Intensifying efforts to eliminate all forms of violence against women and girls

- The United Nations Secretary-General's report provides information on measures taken by Member States and activities carried out within the UN system to eliminate violence against women and girls. The report emphasizes the urgent need for action to eliminate violence against women in the context of the coronavirus (COVID-19) pandemic, as well as in the reporting process on progress in eliminating sexual harassment (A/75/274). **([UN, 2020](https://undocs.org/es/A/75/274))**

### 2020:  Eradicating technology-facilitated gender-based violence against women journalists

-  Dubravka Šimonović, Special Rapporteur on violence against women, outlined the specific risks faced by women journalists due to technology-facilitated gender-based violence.
**([UN, 2020](https://undocs.org/es/A/HRC/44/52))**

### 2018:  Definition of digital gender-based violence

-  In her report, the UN Special Rapporteur on violence against women, Dubravka Šimonović, defined online violence against women as any act of gender-based violence against women that is committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the Internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately (A/HRC/38/47, par. 23). **([UN, 2018](https://digitallibrary.un.org/record/1641160/files/A_HRC_38_47-ES.pdf))**

### 2018: Accelerating efforts to eliminate violence against women and girls: prevention and response to violence against women and girls in digital contexts

- The UN Human Rights Council issued a resolution aimed at preventing and responding to violence against women in digital contexts. The document emphasizes the issue in digital spaces and the physical, psychological, social, and economic consequences for victims. It highlights the responsibility of both States and technology companies (A/HRC/RES/38/5). **([UN, 2018](https://undocs.org/en/A/HRC/RES/38/5))** 

### 2017: Digital gender-based violence in contexts of the digital divide

-  **The UN High Commissioner delves into digital gender violence in contexts of the digital divide. And it is the first report to make the first approximations of the definition of digital violence:**
“Online violence against women encompasses acts of gender-based violence that are committed, facilitated or aggravated by the use of ICTs, including online threats and harassment and gross and demeaning breaches of privacy, such as «revenge pornography»” in resolution (A/HRC/29/L). **([UN, 2017](https://documents-dds-ny.un.org/doc/UNDOC/LTD/G15/140/16/PDF/G1514016.pdf?OpenElement))**

-  **CEDAW General Recommendation No. 35.**
The Committee on the Elimination of Discrimination against Women (CEDAW) issued General Recommendation No. 35 on gender-based violence against women, which updates General Recommendation No. 19. This document acknowledges gender-based violence as a form of historically unequal power relationship between women and men and reaffirms women’s right to live free from violence and discrimination. It also emphasizes the need to eliminate all forms of discrimination against women, including those occurring in digital environments. **([CEDAW, 2017](https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/GC/35&Lang=en))**

- **Report of the Working Group on the issue of discrimination against women in law and in practice:** A document that analyzes how gender discrimination persists in the laws and practices of many countries, affecting women’s rights in various areas. The report focuses on documenting and identifying legal and structural barriers that hinder gender equality and offers recommendations (A/HRC/38/46). **([UN, 2017](https://undocs.org/en/A/HRC/38/46))**

### 2015: Accelerating efforts to eliminate all forms of violence against women: eliminating domestic violence

-  The UN Human Rights Council adopted a resolution to accelerate efforts to eliminate all forms of violence against women, noting that such violence may include acts like cyber-harassment, as stated in resolution A/HRC/29/L.16. **([UN, 2015](https://documents.un.org/doc/undoc/ltd/g15/140/16/pdf/g1514016.pdf))**

### 2013: Resolutions and recommendations on technology and gender

-  **Freedom of opinion and expression:**
The UN approved a resolution regarding the role of freedom of opinion and expression in women’s empowerment and urged States to implement gender-sensitive technology. **([UN, 2013](https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/150/80/PDF/G1315080.pdf?OpenElement))**

-  **Women's participation:**
The UN Council published the “Report of the Working Group on the issue of discrimination against women in law and in practice”. This document addressed the importance of inclusion for women's participation on the Internet and the risks of violence they face online. **([UN, 2013](https://undocs.org/es/A/HRC/23/50))**

-  **Protecting women human rights defenders:**
In the same year, the General Assembly approved a resolution for the protection of women human rights defenders and women's rights defenders.This document acknowledges the violence women face on the Internet and its impact on the full exercise of their rights. **([UN, 2013](https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/68/181&Lang=S))**

### 2012: Promotion, protection and enjoyment of human rights on the Internet

-  The UN Human Rights Council adopted a resolution on the rights of individuals on the Internet, establishing that human rights must be protected in all spaces—online and offline—as stated in resolution A/HRC/RES/20/8. **([UN, 2012](https://undocs.org/en/A/HRC/RES/20/8))**

- **Report of the Working Group on the issue of discrimination against women in law and in practice:** In this first report to the Human Rights Council, the Working Group briefly outlines the facts that led to the establishment of its mandate (Section II). It develops the conceptual framework that will guide its analysis of issues related to equality and non-discrimination and extensively examines the forms of discrimination against women in law and in practice in political and public life, as well as in economic and social life (A/HRC/20/28). **([UN, 2012](https://undocs.org/en/A/HRC/20/28))**

### 2011: Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue

- The UN Special Rapporteur’s report on Freedom of Expression highlighted the unique and transformative nature of the Internet. It not only enables individuals to exercise their right to freedom of opinion and expression but also facilitates the exercise of other human rights and promotes the progress of society as a whole, as stated in resolution A/HRC/17/27. **([UN, 2011](https://undocs.org/en/A/HRC/17/27))**

### 2006: Report of the Special Rapporteur on violence against women, its causes and consequences, on online violence against women and girls from a human rights perspective

- The first time international instruments affirmed that the use of ICTs also reproduces structural problems of gender-based violence was in 2006, in the UN report “In-depth study on all forms of violence against women”, as stated in the resolution (A/HRC/38/4). **([UN, 2006](https://undocs.org/en/A/HRC/38/4))**

### 1995: Beijing Declaration and Platform for Action

- This document identifies 12 critical areas that must be addressed to eliminate gender discrimination and promote equity. These areas include: women and poverty, education and training, health, violence against women, armed conflict, economy, decision-making, media, and the environment. **([UN WOMEN, 1995](https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/CSW/BPA_S_Final_WEB.pdf))**

### 1994: Convention of Belém do Pará

-  This convention was ratified by Paraguay through Law 605/1995. It was the first international treaty on violence against women that affirms that this violence constitutes a violation of human rights. The Convention establishes for the first time the development of mechanisms for the protection and defense of women's human rights, in the fight to eliminate violence against their physical, sexual and psychological integrity, both in the public and private spheres. It also provides recommendations for measures and public policies that seek to eradicate violence against women. **([OAS, 1994](http://www.oas.org/juridico/spanish/tratados/a-61.html))**

### 1970: Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

-  It establishes state responsibility in eliminating violence against women. This convention was approved in 1979 and ratified by Paraguay through Law No. 1215/8. It highlights violence as a form of historically unequal power relationship between women and men, emphasizing that women have the right to live free from violence and discrimination. In this regard, General Recommendation 19/1992 stands out, as it was the first to make the States responsible for situations of violence against women and oblige them to adopt the necessary measures for its elimination. **([UN, 1979](https://www.ohchr.org/es/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women))**

      

WHAT IS TECHNOLOGY-FACILITATED GENDER-BASED VIOLENCE?

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Text messaged offered as part of the reports on Belén's mobile phone.


**This case has the power to shape our understanding of gender based online violence and bring to light the lack of access to justice in Paraguay.**

Belén Whittingslow reported Cristian Kriskovich, her professor the Catholic University of Asunción, for sexual harassment through digital means. 

Cristian Kriskovich is not only representative of the University before the Council of the Judiciary (central authority in the designation and appointment of judges and prosecutors [1]), but also serves in the Jury for the Prosecution of Magistrates (authority with power to sanction magistrates and prosecutors [2]).

Belén's case was dismissed and she was forced, under the circumstances, to seek asylum in Uruguay after being prosecuted under false allegations.

*[1] Article 264 of the National Constitution of Paraguay.*

*[2] Article 11 of Law No. 3759/2009.*
    

Belén Whittingslow case

Visualization of court proceedings

This section presents the judicial procedures of the three files that have been mentioned in the previous section. By clicking you can access the documents presented by the defense of Belén as well as the sentences.

File a complaint

Invetigative Report override

Denial of complaint

Imputation of Belén

Confirm dismissal

Accusation against Belén

Demand compensation

Mobile phone report exclusion

Dismisses nullity

Capture warrant against Belén

Case is presented to the IACHR

The IACHR system registers the case in the registration section and notifies the Paraguayan State to present its observations. At this stage, the Commission will analyze whether or not the case is admissible in Court

Chaining action of Belen's Mother against the Judiciary

Unconstitutionality action admissibility by the Supreme Court

Request for transfer and notification of the admissibility of the action of unconstitutionality to the Prosecutor General's Office

The Prosecutor General's Office requests an interruption of the deadline to reply to the unconstitutionality action

Unconstitutional declaration

Visit from Vatican envoy

Censorship of publication on sexist violence on the internet 

Court revokes sentence that censured TEDIC

Find out more about the cases of technology-facilitated gender-based violence that TEDIC has accompanied.