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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 65
wives, 171 children, 172 or relatives 173 after a history of domestic
violence.
Most violence against women is neither perpetrated by State
actors nor by non-State actors whose conduct is attributable to
the State. However, while the State itself will not typically be
directly responsible for violence against women that arises from
the conduct of non-State actors, it remains responsible for
taking measures to ensure that persons under its jurisdiction
are protected from threats to the enjoyment of human rights
brought about by the conduct of non-State actors.
Under contemporary international human rights law, this
obligation is categorized as an obligation to protect. The
measures to be employed by States extend to preventing and
stopping abuses, but also to ensuring that those subjected to
such abuses can access effective remedies and reparation and
that those responsible are held to account.
In relation to States parties’ obligations under the CEDAW
Convention, the CEDAW Committee has explained that the
obligation to protect requires that States parties “protect
women from discrimination by private actors and take steps
directly aimed at eliminating customary and all other practice
that prejudice and perpetuate the notion of inferiority or
superiority of either of the sexes, and of stereotyped roles for
171
Goecke v Austria, CEDAW Communication No 5/2005, UN Doc
CEDAW/C/39/D/5/2005 (2007); and Yildirim v Austria, CEDAW
Communication No 6/2005, UN Doc CEDAW/C/39/D/6/2005 (2007).
172
Angela González Carreño v Spain, CEDAW Communication No
47/2012, UN Doc CEDAW/C/58/D/47/2012 (2014). See also Jessica
Lenahan (Gonzales) et al v the United States, Inter-American
Commission on Human Rights Case No 12.626, Report No. 80/11 (21
July 2011), which relates to the kidnapping and killing of three
children, although it is not clear whether the children were killed by
their father or by law enforcement officials: however the case outlined
in detail the State’s obligation to enforce protection orders and
therefore prevent killing of children known to be at risk.
173
Opuz v Turkey (2009) ECHR 870.