What is the standard of due diligence? How can you use it to develop arguments for accountability?
The due diligence standard with regard to violence against women has been outlined within the Declaration on the Elimination of Violence against Women (1993).1
Regarding acts of violence against women, States should exercise due diligence to:
This should be done:
In accordance with national legislation,
Whether those acts are perpetrated by the state or by private persons.
This can be demonstrated firstly by establishing a pattern of systematic violations; through a presentation of statistics of VAW cases, and explanation of the nature and effects of those violations.
A pattern of systematic violations of women’s rights is evidence of the State’s tendency not to diligently prohibit and punish violations. It can be used to establish the State’s complicity or lack of due diligence under customary international law.
Read the Brief on Appealing for State Accountability here.