The U.N. Cybercrime Convention, formally titled “Countering the Use of Information and Communications Technologies for Criminal Purposes,” represents the United Nations’ first international criminal justice treaty of the 21st century. Adopted by the U.N. General Assembly on December 24, 2024, this landmark treaty emerged primarily to address the growing threat of cybercrime in an increasingly digital world. The development of the convention spanned five years, incorporating input from a diverse array of stakeholders in both the public and private sectors. Upon its adoption, Philemon Yang, President of the U.N. General Assembly, emphasized the necessity of this new legal instrument in navigating the dual nature of technology: its vast potential for societal progress juxtaposed with its capacity to facilitate criminal activities.
The Preamble’s Gender Perspective
The Preamble of the Cybercrime Convention acknowledges the significance of integrating a gender perspective into efforts to combat the offenses outlined within the treaty, in alignment with domestic laws. This nod towards gender inclusivity, however, is not substantively carried forward into the detailed provisions of the convention. Despite the initial recognition in the Preamble, the lack of detailed gender-specific provisions within the substantive articles of the treaty is a significant oversight. This gap highlights a crucial area where the convention could evolve to better protect women and girls, who are disproportionately affected by certain types of cybercrime.
This omission necessitates a call for nation-states to incorporate gendered aspects into their domestic legislation to align with the objectives of the convention. By doing so, countries can ensure that the unique vulnerabilities faced by women and girls in the digital realm are adequately addressed. Gender-specific regulations in national laws could provide a robust framework to combat specific cyber offenses that disproportionately impact women, thereby extending the convention’s reach to create a safer digital environment for all.
Types of Cybercrime with Gendered Impacts
Cyber-Trafficking
The Preamble lists a variety of crimes, including trafficking in persons, yet it fails to specifically address cyber-trafficking—a critical issue for women’s rights. A U.N. report notes that 65% of all trafficking victims globally are women and girls, with over 90% trafficked for sexual exploitation. Despite these statistics and the recognition that poverty increases women’s vulnerability to trafficking, the Cybercrime Convention does not provide explicit references or protections concerning cyber-trafficking. The absence of specific provisions on cyber-trafficking within the convention underscores the need for national legislation to fill this gap.
Countries must draft laws that explicitly address the digital dimensions of trafficking, ensuring that women and girls are protected from exploitation facilitated through information and communication technologies. By incorporating cyber-trafficking into national legal frameworks, governments can provide targeted solutions to these pervasive issues, taking definitive steps to counteract the exploitation of women in digital spaces.
Non-Consensual Sharing of Intimate Images
The convention is praised by the United States for addressing the nonconsensual distribution of intimate images, child sexual abuse material, and the online grooming of children for sexual purposes. Nevertheless, specific mentions of women are conspicuously absent from the treaty. The University of Exeter’s study indicating that women disproportionately suffer from intimate image abuse underscores the need for gender-specific context within legislative frameworks. Given the significant impact of non-consensual sharing of intimate images on women, it is imperative that national laws incorporate gender-sensitive provisions.
This approach will ensure that the legal framework adequately addresses the unique challenges faced by women in the digital space, providing them with the necessary protections and recourse. Addressing the non-consensual sharing of intimate images requires not only a legislative response but also societal acknowledgment of the gendered dimensions of such crimes, fostering awareness and proactive measures to protect victims.
Cyber-Grooming
Article 15 of the Convention addresses cyber-grooming, defined as soliciting or grooming for committing sexual offenses against children via information and communication technology systems. The Council of Europe’s Lanzarote Convention similarly obligates signatory states to criminalize child grooming. Given that four out of five victims of online grooming crimes are girls, the necessity for gender-sensitive legislative provisions becomes apparent.
National governments must take proactive steps to incorporate gender-specific measures in their laws to combat cyber-grooming effectively. By doing so, they can ensure that the legal framework is robust enough to protect girls from online predators and provide them with the necessary support and resources. Ensuring that laws are reflective of the specific vulnerabilities faced by girls in the digital age will enable more effective prevention and prosecution of cyber-grooming.
Cyber Scams
The text details the differential impact of cyber scams on women, particularly noting their reliance on mobile communications to manage financial transactions and e-commerce. Cyber attacks like malware, ransomware, and denial-of-service attacks can undermine women’s economic and personal security, affecting their social mobility and financial autonomy. Additionally, breaches of medical data could potentially expose sensitive information related to women’s reproductive health, further highlighting the gendered consequences of cybercrime.
To address these issues, national legislation must include provisions that specifically cater to the unique vulnerabilities faced by women in the digital realm. By doing so, countries can ensure that women are protected from cyber scams and other forms of cybercrime that disproportionately affect them. Awareness campaigns, alongside robust legal frameworks, could further empower women to navigate the digital landscape more safely, countering the tactics used by cybercriminals.
Overarching Trends and Consensus Viewpoints
Lack of Detailed Gender Protections
Across all categories of cybercrime addressed, there is a recurring theme of inadequate gender-specific provisions within the Cybercrime Convention. Although the Preamble acknowledges the importance of a gender perspective, this is not robustly reflected in the substantive articles of the treaty. By addressing gender-specific protections in their national legislation, countries can bridge the gap left by the international framework. Including gender-sensitive provisions will not only enhance protection for women and girls but also ensure that the overall implementation of the treaty is more effective and comprehensive.
National legislation must take into account the specific ways that different types of cybercrime can affect women, providing targeted legal responses to these threats. By strengthening domestic laws to include detailed gender protections, countries can effectively combat the gender-specific impacts of cybercrime, ensuring a safer digital environment for all individuals.
Importance of National Legislation
The Cybercrime Convention sets a foundational framework, but it is through national legislation that gendered silences can be addressed and the treaty’s potential fully realized. Each nation has a responsibility to draft laws that consider the distinct ways in which cybercrime affects women and girls. By translating the principles of the convention into detailed national laws, countries can ensure that legal protections are both comprehensive and contextually relevant.
National governments are encouraged to adopt stringent cybersecurity measures that uphold human rights principles, particularly those advocated in resolutions and reports by the Human Rights Council. This approach should be inclusive, reflecting the complex realities of gender, ensuring the translation of the convention into effective domestic policy that can flexibly adapt to evolving cyber threats across genders. Through these steps, nations can provide a more robust defense against the pervasive threat of cybercrime, protecting all citizens and ensuring gender equality in the digital realm.
Conclusions and Synthesis
The Preamble mentions various crimes like trafficking in persons but fails to address cyber-trafficking, a crucial issue for women’s rights. A U.N. report indicates that 65% of global trafficking victims are women and girls, with over 90% trafficked for sexual exploitation. Despite these alarming statistics and the acknowledgment that poverty makes women more vulnerable to trafficking, the Cybercrime Convention does not mention or offer protections against cyber-trafficking. This omission highlights the necessity for national legislation to address this gap.
Countries need to develop laws that specifically address the online aspects of trafficking, ensuring women and girls are safeguarded against exploitation via digital and communication technologies. By integrating cyber-trafficking into national legal systems, governments can offer targeted solutions to these widespread issues, taking strong measures to combat the exploitation of women in digital environments. This approach is essential to effectively protect women and girls from the increasing threat of cyber-trafficking in today’s digital age.