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

72 PRACTITIONERS GUIDE No. 12
human rights. The second is where the State is responsible for
its failure to exercise due diligence in respect of discharging its
obligation to protect, for example, where the police fail to take
action to protect individual women known to be at risk of
violence. 190 The third involves the situation where an
administrative or civil action, such as a tort action, is taken
directly against an individual who committed the violent act,
irrespective of whether or not the State itself bears any
responsibility and irrespective of whether the perpetrator has
been investigated or prosecuted.
International human rights law and standards on remedies and
reparation are set out in the Basic Principles and Guidelines on
the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law. 191 These
Principles set out the scope of the obligation for all violations of
international human rights law, whether or not they are “gross”
violations, as follows:
“The obligation to respect, ensure respect for and
implement international human rights law and
international humanitarian law as provided for under the
respective bodies of law, includes, inter alia, the duty
to:
“(a) Take appropriate legislative and administrative and
other appropriate measures to prevent violations;
“(b) Investigate violations effectively, promptly,
thoroughly and impartially and, where appropriate,
take action against those allegedly responsible in
accordance with domestic and international law;
190
See for example, Jessica Lenahan (Gonzales) et al v United States,
above note 172.
191
Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law,
adopted by the General Assembly under its resolution 60/147 (2005).