A/HRC/23/49 2. (i) Are efforts focused on women’s empowerment and community mobilization? (j) Are monitoring and accountability systems functional and participatory? Regional standards 34. In contrast to the international level, at the regional level, the development of specific legally binding instruments, or provisions in other instruments, as regards violence against women, has strengthened the existing human rights frameworks in the African, the Inter-American and the European human rights systems. These instruments include, among others, enforcement mechanisms, and emphasize the incorporation of the responsibility of the State to act with due diligence, as central components. 35. The 1994 Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará) represents a regional response to the call for the recognition of violence against women as a human rights issue and the need for stronger enforcement of human rights obligations in respect of women’s human rights. The Convention not only imposes a negative duty on States to refrain from violating rights but also a positive obligation to prevent, investigate, punish, and provide a remedy. 22 The State obligation to act with due diligence means that a State can be found liable for an illegal act, even when it is not an act perpetrated by the State, because of a failure to prevent the violation or to respond appropriately. 23 36. The Belém do Pará Convention is the first human rights instrument on violence against women which incorporates the due diligence standard, with chapter III outlining the duties of States parties, including the obligation to apply due diligence to prevent, punish and eradicate violence against women. States parties must take legal measures to give effect to the objectives of the Convention. The obligations are listed but are not exhaustive, and they include obligations to address specific forms of violence, including harassment and customary practices that sustain violence against women. Article 7 calls on States to establish fair and effective legal procedures for victims, including timely hearings and access to restitution, reparations and other remedies. 37. The preamble of the Council of Europe Convention on preventing and combating violence against women and domestic violence states that the State responsibility to act with due diligence is not an obligation of results, but an obligation of means. Parties are required to organize their response to all forms of violence covered by the scope of the Convention in a way that allows relevant authorities to diligently prevent, investigate, punish and provide reparation for such acts of violence. Article 5, paragraph 1, of the Convention addresses the State obligation to ensure that its authorities, officials, agents, institutions and others acting on behalf of the State refrain from acts of violence against women. Article 5, paragraph 2, sets out State parties’ obligations to exercise due diligence in relation to acts perpetrated by non-State actors. In both cases, failure to do so will incur State responsibility. 38. The obligation to ensure civil law remedies is set out in article 29, paragraph 2 of the Council of Europe Convention. This provision allows victims to seek justice and compensation against State authorities, if they have failed in their duty to diligently take preventive and protective measures. Failure to comply with this obligation can result in legal responsibility and civil law remedies, including damages for negligent and gross negligent behaviour. The extent of State authorities’ civil liability remains governed by the 22 23 Ursula A. O’Hare, “Realizing human rights for women”, Human Rights Quarterly, vol. 21, No. 2 (1999), p. 395. IACtHR, Velásquez Rodríguez (footnote 9). 11