By Benninger-Budel, C. (ed.), Carin Benninger-budel

ISBN-10: 9004162933

ISBN-13: 9789004162938

Below overseas human rights legislation, states are required to workout due diligence to avoid, examine, punish and supply redress for acts of violence opposed to ladies. for this reason, the due diligence general offers how to degree even if a nation has fulfilled its duties to avoid and reply to violence opposed to girls. regardless of its becoming acceptance as a device for selling larger country responsibility for violence opposed to girls by means of non-state actors, the content material and scope of due diligence responsibilities stay imprecise. opposed to the backdrop of up to date concerns that pose threats to women's rights, the individuals to this quantity study how the due diligence normal and different innovations may be utilized as priceless mechanisms to strive against violence opposed to ladies in a variety of cultures world wide.

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Extra resources for Due Diligence and Its Application to Protect Women from Violence

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Abi-Mershed examines what due diligence means in the context of efforts within the inter-American human rights system to prevent and respond to gender-based violence. She discusses the roots of the due diligence standard in the inter-American system, beginning with the Velásquez Rodríguez case decided by the Inter-American Court of Human Rights in 1988, which serves as a key reference on the concept of due diligence in human rights law, followed by the codification of the standard in the Convention of Belém do Pará, and its application in individual cases, and thematic and country reports.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organised Crime (the Palermo Protocol), takes a law-and-order approach to the issue of trafficking rather than being based in human rights. 29 Within this context, it is particularly important to reflect on the compatibility of the new transnational legal regimes and regulatory institutions with human rights standards as well as on the implications for the accountability of the various actors, including states.

And she considers the advantages of holding non-state actors directly responsible for failures to fulfil their human rights obligations under international law instead of through the ‘back door’ of state responsibility. Rikki Holtmaat examines the obligations that can be derived from Article 5 (a) of the CEDAW Convention for its state parties. The Article provides that the state parties to this Convention ‘shall take all appropriate measures’ to modify the social and cultural patterns of conduct of men and women, with a view to achieving ‘the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women’.

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Due Diligence and Its Application to Protect Women from Violence by Benninger-Budel, C. (ed.), Carin Benninger-budel


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