A/HRC/23/49
20.
The previous mandate holder also highlighted the lack of State accountability for
social structural deficiencies, such as ongoing gender discrimination, that create
environments that are conducive to acts of violence against women. This theme was
addressed in more detail by the current mandate holder in the 2011 report on multiple and
intersecting forms of discrimination that contribute to and exacerbate violence against
women (A/HRC/17/26). In that report the Special Rapporteur argues that while laws,
policies and resources are crucial to address effectively violence against women and girls,
efforts must be coupled with renewed will and actions to combat the structural and systemic
challenges which are a cause and consequence of such violence. Also, in order to prevent
and eliminate violence against women and girls, such violence has to be understood as an
element which affects women through their life cycle and is underpinned by a complex
interplay of individual, family, community, economic and social factors. This requires
recognizing that State responsibility to act with due diligence is both a systemic-level
responsibility, i.e. the responsibility of States to create good and effective systems and
structures that address the root causes and consequences of violence against women; and
also an individual-level responsibility, i.e., the responsibility of States to provide each
victim with effective measures of prevention, protection, punishment and reparation.
21.
In his 2006 study (A/61/122/Add.1 and Corr.1), the Secretary-General recalled that
violence against women is a form of discrimination and a violation of human rights. He
endorsed the principle of State responsibility to act with due diligence in the context of
violence against women. In addition, resolutions on violence against women emanating
from the Human Rights Council and the General Assembly have called upon States to
exercise due diligence to prevent and investigate acts of violence against women and girls
and punish the perpetrators.15 These resolutions broadly call upon the State to put in place
civil and criminal measures to address offender accountability, to ensure victim safety and,
importantly, to provide redress and justice measures that victims can access effectively.
States are also urged to adopt laws, policies and programmes that recognize the
consequences of multiple and intersecting forms of discrimination which lead to increased
vulnerability for some categories of women.
22.
One specific area in which the due diligence principle has been developed and
applied to human rights violations is in the area of transnational corporations. In 2008, the
Special Representative of the Secretary General on the issue of human rights and
transnational corporations and other business enterprises issued a report entitled “Protect,
Respect and Remedy: a Framework for Business and Human Rights” (A/HRC/8/5). This
Framework is focused on States’ “duty to protect” and transnational corporations’
“responsibility to respect”. The duty to protect is a standard of conduct, not result, meaning
that States are expected to take appropriate steps to prevent, investigate, punish and redress
abuse by private actors (A/64/216, para. 7). In 2011, the Special Representative presented
to the Human Rights Council the Guiding Principles on Business and Human Rights
(A/HRC/17/31, annex), which articulate foundational principles that clarify and expand on
what is entailed by the State duty to protect and the corporate responsibility to respect.
These Guiding Principles were endorsed by the Council in its resolution 17/4, and a
Working Group on the issue of human rights and transnational corporations and other
business enterprises was established to, inter alia, promote their effective and
comprehensive dissemination and implementation. There are four elements to human rights
due diligence concerning transnational corporations: (a) identification and assessment of
actual or potential adverse human rights impacts; (b) appropriate actions being taken based
on information from the assessment; (c) tracking the effectiveness of the response; and (d)
effective communication with relevant stakeholders concerning the response. These four
15
See General Assembly resolutions 64/137 and 65/187, and Human Rights Council resolution 14/12.
7
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