A/71/398
discriminatory against women and that an effective legal framework is in place
to address all forms of gender-based violence.
77. The second level of responsibility is related to violence against women
perpetrated by non-State actors or private persons in which States parties will
be responsible under article 2 (e) of the Convention, which requires them to
take all appropriate measures to eliminate discrimination against women by
any person, organization or enterprise. This level of responsibility requires the
adoption and implementation of measures to protect women from gender-based
violence committed by non-State actors and obliges States parties to have legal
provisions and a system in place to address all forms of violence against women
committed by private actors. This obligation of due diligence requires all State
agents and bodies to adequately and diligently prevent, investigate, punish and
provide remedies for acts of gender-based violence done by private persons.
The failure of a State to act with due diligence to prevent acts of violence
against women, when its authorities know or should know about the danger of
violence, or to investigate and punish such acts constitutes a human rights
violation.
78. The third level of responsibility is to empower women and girls by taking
measures to ensure the full development and advancement of all women, in
particular in the political, economic and cultural fields.
79. The importance of data collection is also broadly recognized in
international human rights law, including the Convention on the Elimination of
All Forms of Discrimination against Women and the recommendations made by
the Committee on the Elimination of Discrimination against Women, which
provides a legal basis and practical guidance for the promotion and
development of statistics, disaggregated by sex. 29 The Committee explicitly
recognized the importance of statistical data to understand the situation of
women and recommended that States should ensure that their national
statistical services formulated their questionnaires in such a way that data
could be disaggregated according to gender. In paragraph 24 (c) of its general
recommendation No. 19, the Committee recommended that States parties
should encourage the compilation of statistics and research on the extent,
causes and effects of violence and on the effectiveness of measures to prevent
and deal with violence.
80. At the regional level, article 8 (h) of the Inter-American Convention on
the Prevention, Punishment and Eradication of Violence against Women
established the agreement by States to take progressively specific measures,
including programmes, to ensure research and the gathering of statistics and
other relevant information relating to the causes, consequences and frequency
of violence against women. Article 11 of the Istanbul Convention established
that States parties should undertake to collect disaggregated relevant statistical
data on cases of all forms of violence.
81. The Special Rapporteur also recalls General Assembly resolutions 68/191
and 70/176 on taking action against gender-related killing of women and girls.
In the latter resolution, the Assembly encouraged Member States to collect,
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29
22/24
See Office of the United Nations High Commissioner for Human Rights, “Human rights
indicators: a guide to measurement and implementation” (2012), p. 75.
16-16456
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