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

64 PRACTITIONERS GUIDE No. 12
The obligation to protect: the challenge of violence by
third parties, including private and other non-State
actors
States also undertake to protect human rights: to ensure that
private individuals do not interfere with or abuse the human
rights of others. 170 States are responsible for acts of genderbased
violence committed by private individuals where the
State has known – or ought to have known – that women were
at risk, and failed to take appropriate steps to prevent,
investigate or prosecute.
This may be the case, for example, where family members
commit “honour killings” of women, or where men kill their
170
CEDAW General Recommendation No 19, “Violence against
women”, UN Doc A/47/38 (1992), paragraph 9: “It is emphasized,
however, that discrimination under the Convention is not restricted to
action by or on behalf of Governments (see articles 2(e), 2(f) and 5).
For example, under article 2(e) the Convention calls on States parties
to take all appropriate measures to eliminate discrimination against
women by any person, organization or enterprise. Under general
international law and specific human rights Covenants, States may
also be responsible for private acts if they fail to act with due diligence
to prevent violations of rights or to investigate and punish acts of
violence, and for providing compensation.” See also: Convention of
Belém do Pará, above note 119, Article 7(c); and the Council of
Europe Convention on preventing and combating violence against
women and domestic violence (Istanbul Convention) of 11 May 2011,
Article 5, which provides as follows concerning State obligations and
due diligence:
“(1)Parties shall refrain from engaging in any act of violence against
women and ensure that State authorities, officials, agents, institutions
and other actors acting on behalf of the State act in conformity with
this obligation.
“(2)Parties shall take the necessary legislative and other measures to
exercise due diligence to prevent, investigate, punish and provide
reparation for acts of violence covered by the scope of this Convention
that are perpetrated by non-State actors.”