State responsibility for eliminating violence against women 2013, para. 75
Paragraph- Paragraph text
- The due diligence standard requires that remedies not only formally exist, but that they are available and effective. The due diligence obligation in respect of remedies cannot be just about returning women to the situation they were in before the individual instance of violence, but instead should strive to have a transformative potential. This implies that remedies should aspire, to the extent possible, to subvert instead of reinforce pre-existing patterns of cross-cutting structural subordination, gender hierarchies, systemic marginalization and structural inequalities that may be at the root cause of the violence that women experience. As the Special Rapporteur argued in her 2010 report, the notion of a right to reparation is located within the framework of the law of remedies and can serve both individual and societal goals, the underlying purposes of which include corrective justice, deterrence, retribution and restorative justice (A/HRC/14/22, para. 12). Reparations should include a gender perspective, more so when dealing with women victims of acts of discrimination and violence, including in the spheres of satisfaction, rehabilitation, guarantees of non-repetition and compensation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 75
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