Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 103
pre-trial detention, detention in mental health institutions or
prisons.
Article 2(d) of the CEDAW Convention also binds judicial and
legislative organs of the State. Legislatures must not enact,
and courts must not apply, discriminatory rules relating to
violence against women. 260
Article 2(e): The State must take positive measures
against gender-based violence irrespective of the status
of the perpetrator as a State official or non-State actor
Article 2(e) of the CEDAW Convention requires States: “To take
all appropriate measures to eliminate discrimination against
women by any person, organization or enterprise”.
As outlined above, States have a duty of due diligence to
prevent, investigate, prosecute and punish gender-based
violence by private or non-State actors. The CEDAW Committee
has explained that the State’s due diligence obligation to
prevent discrimination by private actors means that in some
cases a private actor’s conduct (whether by acts or omissions)
that have resulted in discrimination could be attributed to the
State under international law. States therefore must take
appropriate measures, including regulation of private actors in
relation to:
Education, employment and health policies;
Working conditions and standards; and
260
CEDAW Commentary, above note 240, page 86, citing the Articles
on Responsibility of States for Internationally Wrongful Acts (adopted
under General Assembly resolution 56/83 (2001)), Article 4(1) of
which provides: “The conduct of any State organ shall be considered
an act of that State under international law, whether the organ
exercises legislative, executive, judicial or any other functions,
whatever position it holds in the organization of the State, and
whatever its character as an organ of the central government or of a
territorial unit of the State”.