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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 63
the denial of the equal enjoyment by women of their civil,
political, economic, social and cultural rights”. 167
Respect: (c) State responsibility for the conduct of non-
State actors
While generally the obligation to respect engages only the
conduct of State actors, there are certain occasions in which
the conduct of non-state actors may be attributable to the
State, and therefore a wrongful act by a non-State actor will
mean that the State itself is responsible for the violation. Under
international principles of State responsibility, conduct of non-
State actors acting on the instructions, or under the direction
or control, of the State will be attributable to the State. 168 In
addition, the conduct of persons or entities that are not organs
of the State, but are empowered by the State to exercise
elements of governmental authority, may be attributable to the
State. 169 There are situations where such wrongful conduct may
amount to violence against women. Thus, acts of violence
against women by private military or security agents,
contracted by the State to run prisons or conduct security or
military operations, may be attributed to the State itself.
167
CEDAW General Recommendation No 28, “The core obligations of
States parties under article 2 of the Convention on the Elimination of
All Forms of Discrimination against Women”, UN Doc CEDAW/C/GC/28
(2010).
168
Articles on Responsibility of States for Internationally Wrongful
Acts, adopted under General Assembly resolution 56/83 (2001),
Article 8. See also CEDAW General Recommendation No 28, ibid, in
which the CEDAW Committee said: “In some cases, a private actor’s
acts or omission of acts may be attributed to the State under
international law” (paragraph 13).
169
Articles on Responsibility of States for Internationally Wrongful
Acts, ibid, Article 5.