A/HRC/23/49
IV. Conclusions and recommendations
69.
Despite numerous developments, violence against women remains endemic, and
the lack of accountability for violations experienced by women is the rule rather than
the exception in many countries. Some challenges as regards State responsibility
include: lack of acceptance of violence against women as a human rights issue;
inadequate State responses; minimum effort to deal with the problem in a systematic,
comprehensive and sustained manner; minimum time, effort and resources are
devoted to the problem; inadequate attention is devoted to investigating patterns,
causes and consequences of violence; where cases are reported, few perpetrators are
prosecuted, and even fewer convicted; and sanctions often do not reflect the
seriousness of the crime perpetrated. Also there continues to be a lack of response to
addressing both individual and structural aspects of inequality and multiple and
intersecting forms of discrimination, which are a cause and a consequence of violence
against women.
70.
There is a need to create a framework for discussing the responsibility of States
to act with due diligence, by separating the due diligence standard into two categories:
individual due diligence and systemic due diligence. This adaptation challenges
previous formulations of due diligence, which merged the obligations that States owe
to individual victims of violence with States’ obligations to create a functioning system
to eliminate violence against women. Individual due diligence refers to the obligations
States owe to particular individuals, or groups of individuals, to prevent, protect,
punish and provide effective remedies on a specific basis. Individual due diligence
requires flexibility, as procedures taken in these instances must reflect the needs and
preferences of the individuals harmed. States can fulfil the individual due diligence
obligation of protection by providing a woman with services such as telephone
hotlines, health care, counselling centres, legal assistance, shelters, restraining orders
and financial aid. Education on protection measures and access to effective measures
can also help fulfil protection and prevention obligations that an individual is owed by
the State. Individual due diligence places an obligation on the State to assist victims in
rebuilding their lives and moving forward, and can include monetary compensation,
as well as assistance in relocating or in finding a job. Individual due diligence also
requires States to punish not just the perpetrators, but also those who fail in their
duty to respond to the violation.
71.
Systemic due diligence refers to the obligations States must take to ensure a
holistic and sustained model of prevention, protection, punishment and reparations
for acts of violence against women. At a systemic level, States can meet their
responsibility to protect, prevent and punish by, among other things, adopting or
modifying legislation; developing strategies, action plans and awareness-raising
campaigns and providing services; reinforcing the capacities and power of police,
prosecutors and judges; adequately resourcing transformative change initiatives; and
holding accountable those who fail to protect and prevent, as well as those who
perpetrate violations of human rights of women. Also, States have to be involved more
concretely in overall societal transformation to address structural and systemic
gender inequality and discrimination.
72.
A general comprehensive system of protection and prevention must be
established, and that system must be implemented in practice in a reasonable manner,
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