As the global digital landscape evolves, cybercrime does not merely disrupt technological systems; it exacerbates pre-existing social and systemic inequalities and patriarchal structures, increasingly impacting the well-being of individuals and societies. Women, LGBTQIA+ individuals, journalists, human rights defenders and other groups who have been politically and/or historically marginalised on the basis of their gender, race, sexuality or other (intersecting) identity markers are impacted in a differentiated and often disproportionate manner.
Starting from the fact that it is often the same groups that are most vulnerable to cybercrime who have also been the targets of state overreach through weaponized cybercrime laws, this policy briefing highlights that national and international cybercrime legislation need careful scrutiny from an intersectional feminist perspective to prevent potential misuse. The multi-stakeholder community has vigorously expressed similar concerns throughout the negotiations that led to the adoption of the United Nations Convention against Cybercrime (hereafter: UN Cybercrime Convention).
While intended to address the challenges of transnational cybercrime, the UN Cybercrime Convention has drawn criticism for its potential risks, particularly the treaty’s broad scope which could enable state overreach and thus compromise (digital) human rights and freedoms.Against this background, this briefing aims to contribute to paving ways towards a human-rights respecting implementation of the UN Cybercrime Convention, informed by intersectional feminist approaches. It examines the differentiated and gendered impacts of cybercrime on marginalized individuals and communities, and, by the analysis of case studies, assesses how national cybercrime laws have been weaponised by states to restrict (digital) human rights and freedoms, suppress dissent, and advance authoritarian and anti-feminist agendas. Building on the lessons learnt from the national contexts, the briefing evaluates the UN Cybercrime Convention through a gender-responsive and human rights-centred lens, identifying both key risks and potential opportunities.