[i] See J. Hessbruegge.
2004. “The Historical development
of the doctrines of attribution
and due diligence in international law”,
New York University Journal of Int’l Law, vol. 36,
265‑306.
[ii] Kummerow Case (Germany/Venezuela Mixed Claims Commission 1903); Spanish Zone of Morocco Claims (1923), Youmans Claim (US v. Mexico, 1926).
The Office of the High Commissioner for Human Rights
and
The Permanent Mission of Canada to the UN
Present
A Panel Discussion
ELIMINATING VIOLENCE AGAINST WOMEN: WHERE DOES DUE DILIGENCE FIT IN?
Wednesday, 1 March 2005
Conference Room 6
1:15-2:45 p.m.
Panelists
Dr. Yakin
Ertiirk
Special Rapporteur on Violence Against Women
Professor
Stephanie Farrior
Pennsylvania State University
Mr. Craig
Mokhiber, Deputy Director
Office of the High Commissioner for Human Rights
Moderator
Ambassador
Gilbert Laurin
Mr.
Craig Mokhiber, Deputy Director
Office of the High Commissioner for Human Rights
"Exploring concepts like due diligence standard becomes an important step in our efforts to better equip governments, institutions, advocates, and victims themselves to bring meaningful human rights protection and redress to women everywhere, whether it be in the home, the community, in official institutions, or in informal social structures.
We begin with the truism that states have an international legal obligation to exercise due diligence in preventing violence against women, protecting women from violence, holding perpetrators accountable, and providing remedies, redress, compensation, and appropriate services to those who are victimized. This state obligation covers not only police, prisons, schools, and other official institutions and actors, but also extends into the home, the family, the streets, the corporation and beyond.............................
The answer is that the due diligence standard is to be applied at every stage in the struggle against violence against women - prevention of the act, protection of women, punishment of perpetrators, redress and services for victims. Our expectations must apply to the full range of official actors: police, prosecutors, prison officials, teachers, counselors, and medical professionals. Madame Erturk rightly adds to this that such accountability must be applied at the individual, community, state, and transnational levels.
Our reasonable
person standard must be an enlightened, gender sensitive, victim oriented, and
non-discriminatory standard, reflecting not repressive customary patriarchal
notions, but the vision of gender equality contained in the international human
rights instruments
themselves..............................................."
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