International instruments
The Council of Europe standards offer valuable guidance and tools to states in tackling cyberviolence.
The Lanzarote and Istanbul conventions provide guidance on substantive criminal laws that protect children and women from abuse and violence, including in the online environment. Both conventions are based on the 4Ps: prevention, protection, prosecution and partnerships. Countries outside the Council of Europe may join both conventions.
The procedural rules and international cooperation rules in the Budapest Convention can be applied for investigation of offences related to cyberviolence, allowing for preservation and collection of electronic evidence, as well as international cooperation. Cyberviolence, by its nature, occurs online, which means that often the evidence required to investigate and prosecute these offences is controlled or located in another jurisdiction. This requires effective international cooperation.
The Protocol on Xenophobia and Racism entails an extension of the Budapest Convention’s scope, including its substantive, procedural and international cooperation provisions, so as to cover also offences of racist or xenophobic propaganda.
Binding instruments on cyberviolence
Council of Europe ⇒ European Union ⇒ United Nations ⇒ Other regional organizations ⇒
Soft Law / Non-binding instruments
Council of Europe ⇒ Parliamentary Assembly of the Council of Europe (PACE) ⇒ Others ⇒
Binding instruments on cyberviolence
Council of Europe
- Convention for the Protection of Human Rights and Fundamental Freedoms (as amended by Protocol No. 11) (Roma, 4 November 1950)
- Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul, 11 May 2011)
- Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 27 October 2007)
- Council of Europe Convention on Action against Trafficking in Human Beings (Warsaw, 16 May 2005)
- European Social Charter (revised) (Strasbourg, 3 May 1996)
- European Convention on the Compensation of Victims of Violent Crimes (Strasbourg 24 November 1983)
- Convention on Contact concerning Children (Strasbourg, 15 May 2003)
- Convention on Cybercrime (Budapest, 23 November 2001)
- Additional Protocol to the Convention on Cybercrime concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (Strasbourg, 28 January 2003)
- Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence, (Strasbourg, 12 May 2022) new
- European Convention on Human Rights, 1950
European Union
- Council Directive 97/80/EC on the burden of proof in cases of discrimination based on sex (adopted on 15 December 1997)
- Council Directive 2002/73/EC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (adopted by the European Parliament and Council on 23 September 2002)
- Council Directive 2004/113/EC on the implementing the principle of equal treatment between men and women in the access to and supply of goods and services (adopted on 13 December 2004)
- Council Framework Decision on the standing of victims in criminal proceedings (adopted by 15 March 2001)
- Council Recommendation on the prevention of injury and the promotion of safety (adopted on 31 May 2007)
United Nations
- International Covenant on Civil and Political Rights (ICCPR) (New York, 16 December 1966)
- International Covenant on Economic, Social and Cultural Rights (ICESCR) (New York, 16 December 1966)
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (New York, 18 December 1979)
- Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) (New York, 6 October 1999)
- Declaration on the Elimination of Violence against Women (proclaimed by General Assembly resolution 48/104 of 20 December 1993, New York)
- Convention on the Rights of the Child (CRC) (adopted and opened for signature, ratification and accession by the General Assembly resolution A/44/25 of 20 November 1989, New York)
- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP- CRC-SC) (adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000, New York)
- Optional Protocol to the Convention on the Rights of the Child on a communications procedure (OP-CRC-IC) (New York, 14 April 2014)
- General Recommendation No. 19 on violence against women (1992)
Other regional organisations
- Inter-American Convention on the prevention, punishment and eradication of violence against women (Belém do Pará, 9 June 1994)
- Protocol to the African Charter on Human and Peoples´ Rights on the Rights of Women in Africa (Maputo, 11 July 2003)
Soft Law / Non-binding instruments
Council of Europe
- Recommendation CM/Rec(2022)16 of the Committee of Ministers to Member States in combating hate speech New
- Recommendation CM/Rec(2019)1 of the Committee of Ministers to member States on preventing and combating sexism
- Declaration (Decl/29/05/2019) by the Committee of Ministers on the legacy of the No Hate Speech Movement youth campaign
- Recommendation CM/Rec(2018)2 of the Committee of Ministers to member States on the roles and responsibilities of internet intermediaries
- Recommendation CM/Rec(2014)6 of the Committee of Ministers to member States on a Guide to human rights for Internet users
- Recommendation Rec(2006)8 on assistance to crime victims (adopted by the Committee of Ministers on 14 June 2006 at the 967thmeeting of the Ministers´ Deputies)
- Recommendation Rec(2005)5 on the rights of children living in the residential institutions (adopted by the Committee of Ministers on 16 March 2005 at the 919th meeting of the Ministers´ Deputies)
- Recommendation Rec(2002)5 on the protection of women against violence (adopted by the Committee of Ministers on 30 April 2002 at the 794thmeeting of the Ministers´ Deputies)
- Recommendation No. R(99)19 concerning mediation in penal matters (adopted by the Committee of Ministers on 30 April 2002 at the 490thmeeting of the Ministers´ Deputies)
- Recommendation No. R(93)2 on the medico-social aspects of child abuse (adopted by the Committee of Ministers on 22 March 2002 at the 794thmeeting of the Ministers´ Deputies)
- Recommendation No. R(91) 9 on emergency measures concerning violence within the family (adopted by the Committee of Ministers on 9 September 1991 at the 461st meeting of the Ministers´ Deputies)
- Recommendation No. R(85) 11 on the position of the victim in the framework of criminal law and procedure (adopted by the Committee of Ministers on 28 June 1985 at the 387th meeting of the Ministers´ Deputies)
- Recommendation No. R(85) 4 on violence in the family (adopted by the Committee of Ministers on 26 March 1985 at the 382nd meeting of the Ministers´ Deputies)
Parliamentary Assembly of the Council of Europe (PACE)
- Resolution 2275 (2019) The role and responsibilities of political leaders in combating hate speech and intolerance
- Resolution 2276 (2019) Stop hate speech and acts of hatred in sport
- Resolution 2144 (2017) Ending cyberdiscrimination and online hate
- Resolution 1967 (2014) A strategy to prevent racism and intolerance in Europe
- Resolution 1654 (2009) on Femicides (adopted by the PACE on 30 January 2009)
- Recommendation 1861 (2009) on Femicides (adopted by the PACE on 30 January 2009)
- Resolution 1635 (2008) on Combating violence against women: towards a Council of Europe Convention (adopted by the PACE on 3 October 2009)
- Recommendation 1847 (2008) on Combating violence against women: towards a Council of Europe Convention (adopted by the PACE on 3 October 2009)
- Resolution 1582 (2007) "Parliaments united in combating domestic violence against women“: mid-term assessment of the campaigns (adopted by the PACE on 5 October 2007)
- Recommendation 1817 (2007) on Parliaments united in combating domestic violence against women: mid-term assessment of the campaign (adopted by the PACE on 5 October 2007)
- Recommendation 1777 (2007) on sexual assaults linked to "date-rape drugs“ (adopted by the PACE on 22 January 2007)
- Resolution 1512 (2006) on Parliaments united in combating domestic violence against women (adopted by the PACE on 28 June 2006)
- Recommendation 1723 (2005) on forced marriages and child marriages (adopted by the PACE on 5 October 2005)
- Resolution 1327 (2003) on so-called "honor crimes“ (adopted by the PACE on 4 April 2003)
- Resolution 1247 (2001) on female genital mutilation (adopted by the Standing Committee, acting on behalf of the PACE on 22 May 2001)
- Recommendation 1450(2000) on violence against women in Europe (adopted by the PACE on 3 April 2000)
Others
The European Commission against Racism and Intolerance (ECRI):
- ECRI General Policy Recommendation No 15, on combating hate speech, adopted on 8 December 2015
- ECRI General Policy Recommendation No. 6, on combating the dissemination of racist, xenophobic and antisemitic material via the internet, adopted on 15 December 2000