Due Diligence and Its Application to Protect Women from Violence


Under international human rights law, states are required to exercise due diligence to prevent, investigate, punish and provide redress for acts of violence against women. Accordingly, the due diligence standard presents a way to measure whether a state has fulfilled its obligations to prevent and respond to violence against women. Despite its growing popularity as a tool for promoting greater state accountability for violence against women by non-state actors, the content and scope of due diligence obligations remain vague. Against the backdrop of contemporary issues that pose threats to women’s rights, the contributors to this volume examine how the due diligence standard and other strategies can be applied as useful mechanisms to combat violence against women in various cultures worldwide.

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Carin Benninger-Budel, law degree, Utrecht University, is a researcher at Bern University Interdisciplinary Centre for Gender Studies and a consultant on gender and human rights. She has written extensively on violence against women at the World Organisation Against Torture, Geneva.
Preface; Acknowledgements; Introduction; Section I Due Diligence: Standards, Problems and Outlook; The Due Diligence Standard: What Does It Entail for Women’s Rights?; The History and Development of the Due Diligence Standard in International Law and Its Role in the Protection of Women against Violence; Preventing Violence against Women: The Due Diligence Standard with Respect to the Obligation to Banish Gender Stereotypes on the Grounds of Article 5 (a) of the CEDAW Convention; Emerging Human Rights Obligations for Non-State Actors; Due Diligence and the Power of Economic Players; Due Diligence and the Fight against Gender-Based Violence in the Inter-American System; Applying the Due Diligence Principle in Asia Pacific; Section II Due Diligence in Context; Domestic Violence; South Africa’s Response to Domestic Violence; Violence against Women by Non-State Actors, a Responsibility for the State under Human Rights Law: Amnesty International’s Work on Domestic Violence; Spain: More Rights, but the Obstacles Remain; Trafficking in Women; Human Trafficking: A Brief Introduction to Issues of Responsibility and Accountability; Problems with the Implementation of the Due Diligence Standard from the Perspective of Countries of Origin in the OSCE Region; Human Trafficking in Germany; Violence against Women Legitimised with Arguments of ‘Culture’; Violence against Women, Cultural/Religious Traditions and the International Standard of Due Diligence; Violence against Women Legitimised by Arguments of ‘Culture’ – Thoughts from a Pakistani Perspective; Controlling Women’s Sexuality, Sustaining Dominant Culture(s), Legitimising Gender-Based Violence: The Case for Due Diligence; Violence in Armed Conflict; Violence against Women in Armed Conflict; Table of Cases; The Contributors; The Supporting Organisations; Index.
The publication will make current debates accessible to and is intended to inspire academics, students, representatives from international, governmental and nongovernmental organisations, politicians and legal practitioners.