Due Diligence Principle and State Obligation

to End Violence against Women:

global standards and good practices

Janine Moussa, Co-Director, Due Diligence Project

www.duediligenceproject.org

States shall act with due diligence to prevent, protect, prosecute, punish and provide redress for acts of violence against women, whether committed by State or non-State actors.

Obligation of the 5Ps.

Standard : due diligence

Due Diligence principle, … in the context of VAW

Velasquez Rodriguez v Honduras (1998) ; Inter-American Court of Human Rights

“An illegal act which violates human rights and which is initially not directly imputable to a State (for example, because it is the act of a private person or because the person responsible has not been identified) can lead to international responsibility of the State, not because of an act itself, but because of the lack of due diligence to prevent the violation or to respond to it as required by the Convention.”

Landmark decision : Due Diligence principle

Evolution of the Due Diligence principle

Resolution, Declarations, Outcome Docs, e.g.:

General Recommendation no. 19 (1992) Declaration on the Elimination of Violence against Women

(1993) Beijing Platform for Action (1995) General Assembly Resolution 65/187 (2010) Human Rights Council Resolution 14/12 (2010)

UN Special Rapporteur on violence against women:

Mandate (1993) Annual Reports, e.g. :

◦ On Due Diligence (2006) ◦ On Reparations (2011)◦ Due Diligence (2013) (forthcoming)

Evolution of the Due Diligence principle (cont’d)Treaties , e.g.: Inter-American Convention of Belem do Para (1994) Council of Europe’s Convention on preventing and

combating violence against women and domestic violence (2010)

Cases, e.g. Maria da Penha v Brazil (2001) (Inter-American Ct) AT v Hungary (2003) (CEDAW Committee) Yildirim v Austria (2007) (CEDAW Committee) Opuz v Turkey (2009) (European Court) Campo Algodonero (2009) (Inter-American Ct) Jessica Gonzales v USA (2011) (Inter-American Cm)

Aim: unpack and deepen the meaning and content of the due diligence principle ; collect and share good practices

Collaboration: civil society

Components: Global and regional

Inputs: (1) Literature Review (2) Questionnaires

(3) Country Profiles (4) Global expert meetings (5) Regional Consultations

▸ Outputs: (1) six regional reports (2) one global comprehensive report

Due Diligence Project

Forms of VAW

- Domestic violence - Child marriage - Rape & sexual assault - Forced marriage - FGM - Rape, times of conflict - Trafficking - sexual harassment

Contexts: - In the community ; in the home - Conflict, post conflict

Groups of women

- Undocumented - Migrant women - Women refugees and displaced women - Women with disabilities - Women with minority sexual orientation - Ethnic / racial minority - Indigenous/aboriginal women - Women living with HIV

State action ◦ effective ◦ accessible◦ adequate◦ affordable◦ timely

Victim/survivor ◦ empowered ◦ agent of change

Indicators for compliance, 5Ps

Prevention Different types of prevention programs, e.g.

◦ Awareness raising campaigns ; media campaigns ; educational programs

Addressing different forms of VAW, e.g. ◦ DV, rape, child marriage, trafficking

Address underlying causes and risk factors of VAW, e.g.◦ Inadequate housing ; economic dependence ; low levels of education

Target/reach out to different groups in the community, e.g.◦ Men and boys ; religious and community leaders ; youth ; police ;

medical providers Take into account special needs of particular groups of

victim/survivors, e.g. ◦ Migrant women ; refugee and displaced women ; women with

disabilities ; rural women Legislation

◦ Holistic, expansive Multi-sectoral approach

Protection Existence of protection services

◦ e.g protection orders, injunctions◦ e.g. shelters, hotlines

Timely ‘Safe space’ for victims/survivors to access support?

◦ e.g. ‘attitudes’ of law enforcers/first responders, judicial and medical officers

◦ e.g. confidential, private◦ avoid double victimization

Integrated services◦ e.g. counseling ; children ; police ; medical ; legal

support Special provisions for groups at risk

Prosecution and investigation Act recognized as a crime/violation Mandatory prosecution ; ‘no drop’ policy Support for victim/survivor throughout legal process – e.g.

family support, financial cost, NGO support Address fears of victim/survivor – e.g. fear of repercussions

from perp, lack confidence in judiciary/police, deportation, social stigma

Training of police ; prosecutor; judiciary - Sustained? Mandatory?

- Content - e.g. gender sensitisation (address biases) Avoid double victimization Specialised prosecutors and courts Multi-agency approach Plural legal systems, communal/community/religious

processes

Punishment Forms of VAW which are punishable Type of punishment – e.g. imprisonment ; counseling ;

anger management ; community service Minimum punishments Mitigating factors / defenses Impunity

◦ e.g. militarisation; failure of rule of law Women’s participation in constructing appropriate

punishment Is punishment effective to -

◦ prevent recidivism (habitual falling back into crime by perpetrators)

◦ rehabilitate and reintegrate perpetrators into society (e.g. anger management)

◦ deter others from committing of offence

Provision of redress and reparation Address harm – e.g. physical, mental, economic Redress – e.g. monetary, apology, symbolic tribute,

disclosure of truth, promise to cease Purpose of reparation

◦ Restitution - restore victim/survivor to original situation.◦ Compensation for harm/violation suffered.◦ Rehabilitation (medical and psychological care, legal and

social services).◦ Reparation proportionate to the physical and mental

harm undergone and to the gravity of the violation of her rights

◦ Measure of satisfaction – verification of facts, full disclosure of truth

◦ Guarantees of non-repetition, which contributes to prevention

Achieve its stated aim

END