"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)

"There is still no global consensus on the definition of digital gender 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)

"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." (Wrestlers 2017)

Background

The normalization of gender-based violence on the Internet has prevented women from meaningfully exercising their right to freedom of expression: an essential precondition for equal participation. For this reason, the director of UN Women, Phumzile Mlambo-Ngcuka states that "Gender violence is a shadow pandemic, as devastating as coronavirus" (El País 2021).

This considerable increase in digital violence and gender conservatism on the Internet, as well as the various resistances towards women's rights online, are largely due to social inequality, power asymmetries and a patriarchal society that transfers its violent behaviors to the digital world and is increasing due to the high penetration of the Internet in the world in recent years. (UN Women, 2020).

The first time it was stated in international instruments that the use of ICTs also propagates structural problems of gender-based violence was in 2006, in a UN report: "In-depth study on all forms of violence against women.” (UN, 2006).

The special report of the UN Special Rapporteur on Freedom of Expression in 2011 highlighted the unique and transformative nature of the Internet not only in enabling individuals to exercise their right to freedom of opinion and expression, but also a range of other human rights and promoting the progress of society as a whole. (UN, 2011).

In 2012, the UN Human Rights Council passed a resolution on the rights of individuals on the Internet. It stated that human rights must be protected in all environments: online and offline. (UN, 2012).

In 2013, the same UN Council approved a resolution regarding the contribution of freedom of opinion and expression to women's empowerment. And it suggests States to implement gender-sensitive technology. (UN, 2013).

In the same year, the Council published a report: "Report of the Working Group on the issue of discrimination against women in law and practice. This document addressed the importance of inclusion for women's participation on the Internet and the risk of violence against women on the Internet. (UN, 2013).

On the other hand, in 2013, the Commission on the Legal and Social Status of Women of the Economic and Social Council published a report on gender-based digital violence. It urged States to generate public policies for prevention and information to address violence against women and girls.

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 recognizes the violence against women on the Internet and how it affects the full exercise of their rights. (UN, 2013).

In 2015, the UN Human Rights Council passed the resolution to accelerate efforts to eliminate all forms of violence against women. And that the same may include acts such as cyberstalking. (UN, 2015).

In 2017, the UN High Commissioner delves into digital gender-based 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 overt and degrading violations of online privacy, such as "revenge pornography". Online violence has increased significantly in recent years and may result in women limiting their participation on Internet platforms.” (UN, 2017).

Also in 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) published General Recommendation No. 35 on gender-based violence against women, updating General Recommendation No. 19. Recommendation 35 is a document that 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. This document stresses the elimination of all forms of discrimination against women and is applicable to digital environments. (CEDAW, 2017).

There are also international instruments on the right to live a life free of violence that also apply in the digital sphere:

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

The main human rights legislation on women's human rights (UN, 1979).

This convention entered into force in 1981 and was 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, since for the first time makes the States responsible for situations of violence against women and obliges them to adopt the necessary measures for its elimination.

UN - Committee on the Elimination of Discrimination against Women. General Recommendation No. 19: violence against women. (CEDAW, 1992).

Committee on the Elimination of Discrimination against Women (CEDAW) to the States of Latin America and the Caribbean (ECLAC, 2017).

This document develops a more precise terminology on the causes and effects related to gender-based violence: "gender-based violence against women". It reinforces it as a systemic and social problem and suggests that States seek comprehensive responses. (Line Bareiro, 2017).

Convention of Belém do Pará

Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.

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 establishes recommendations on the generation of measures and public policies that seek to eradicate violence against women. (OAS, 1994)

At a national level, in 2017, the UN - Convention on the Elimination of All Forms of Discrimination Against Women made concluding remarks on the seventh periodic report of Paraguay. UN Doc CEDAW/C/PRY/CO/7. November 22, 2017. (CEDAW, 2017)

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 Special Rapporteur on Violence Against Women and Girls (VAWG) has focused their 2018 thematic report on this type of online and ICT-facilitated violence. The report notes that the consequences and harms caused by different manifestations of online violence are closely related to gender. This is because women and girls suffer particular stigma in a context of structural inequality and are therefore disproportionately affected by online violence. They also suffer extremely serious consequences as a result (UN, 2018).

Eradicating violence against women journalists

The Special Rapporteur outlines how the exacerbation of gender-based violence against female journalists through the use of digital technologies, specific types of threats, harassment and surveillance are transferred to the Internet and endanger female media. (Dubravka Šimonović, 2020)

The disproportionate impact of digital violence on the right to freedom of expression

In 2021, The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan presents the report to the General Assembly and makes specific recommendations addressed to States, the international community and businesses in order to create an enabling environment and a safe digital space for women to equally enjoy freedom of opinion and expression. "Online gender-based violence encompasses both speech and harmful behavior, is often sexist or misogynistic in nature and includes digital threats or incitement to physical or sexual violence. (Irene Khan, 2021)

Agreement on the Recognition of Protection Measures for Women in Gender-Based Violence Situations.

Its main precedent was the "mutual regional recognition of protection measures for women in gender-based violence situations" issued during the Pro-Tempore Presidency held by Argentina on June 3, 2021, thanks to the support of all the countries that make up the regional organization (Mercosur 2021). (Mercosur, 2021)

The Agreement arises from the need to cover the great mobility that exists in the Mercosur region and incorporates a new cooperation technique based on the principle of mutual recognition.

The relevance of this agreement is the extension of protection for women victims of gender violence in any of the countries that have ratified the agreement within Mercosur and the Associated States. That is to say that the sentences issued by a judge on this judicial measure will have legal validity in the Judiciaries of Argentina, Brazil, Paraguay and Uruguay and will be mutually recognized and applied without the need to initiate new proceedings. (Mercosur 2022)

Note: The ratified version of all the countries has not been published yet, Uruguay and Brazil still need to sign.