State responsibility for eliminating violence against women 2013, para. 25
Paragraph- Paragraph text
- The same Committee reaffirmed the due diligence standard in 2007 through its consideration of two complaints which alleged a failure on the part of the State to investigate and prosecute acts of violence against women, in violation of articles 1, 2, 3 and 5 of the Convention. In a dissenting opinion in an inadmissible communication, three members of the Committee made reference to the due diligence standard in a complaint against a State for its failure to grant an asylum petition, based on a claim of trafficking, in violation of article 6 of the Convention. It is argued that such decisions/opinions reflect that "a state may be liable under international law not only for its officials' actions but also for its officials' inaction. It is unlawful for the state: to refrain from assistance where assistance is so clearly required; to fail to investigate and thereby guarantee women's rights; and, to discriminate in the manner in which it enforces human rights (even where such discrimination is not intentional)."
- 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)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Women
- Year
- 2013
- Paragraph type
- Other
- Paragraph number
- 25
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