Janine Moussa , Co-Director, Due Diligence Project www.duediligenceproject.org

1. Due Diligence Principle and State Obligation to End Violence against Women: global standards and good practices Janine Moussa, Co-Director, Due Diligence Project www.duediligenceproject.org

2. Due Diligence principle, … in the context of VAW States shall act with due diligence to prevent, protect, prosecute, punish and provide redress for acts of violence against women, whether committed by State or non-State actors. • Obligation of the 5Ps. • Standard : due diligence

3. Landmark decision : Due Diligence principle Velasquez Rodriguez v Honduras (1998) ; Inter-American Court of Human Rights “An illegal act which violates human rights and which is initially not directly imputable to a State (for example, because it is the act of a private person or because the person responsible has not been identified) can lead to international responsibility of the State, not because of an act itself, but because of the lack of due diligence to prevent the violation or to respond to it as required by the Convention.”

4. Evolution of the Due Diligence principle Resolution, Declarations, Outcome Docs, e.g.: • General Recommendation no. 19 (1992) • Declaration on the Elimination of Violence against Women (1993) • Beijing Platform for Action (1995) • General Assembly Resolution 65/187 (2010) • Human Rights Council Resolution 14/12 (2010) UN Special Rapporteur on violence against women: • Mandate (1993) • Annual Reports, e.g. : • On Due Diligence (2006) • On Reparations (2011) • Due Diligence (2013) (forthcoming)

5. Evolution of the Due Diligence principle (cont’d) Treaties , e.g.: • Inter-American Convention of Belem do Para (1994) • Council of Europe’s Convention on preventing and combating violence against women and domestic violence (2010) Cases, e.g. • Maria daPenha v Brazil (2001) (Inter-American Ct) • AT v Hungary (2003) (CEDAW Committee) • Yildirim v Austria (2007) (CEDAW Committee) • Opuz v Turkey (2009) (European Court) • Campo Algodonero (2009) (Inter-American Ct) • Jessica Gonzales v USA (2011) (Inter-American Cm)

6. Due Diligence Project • Aim: unpack and deepen the meaning and content of the due diligence principle ; collect and share good practices • Collaboration: civil society • Components: Global and regional • Inputs: (1) Literature Review (2) Questionnaires (3) Country Profiles (4) Global expert meetings (5) Regional Consultations • Outputs: (1) six regional reports (2) one global comprehensive report

7. Forms of VAW - Domestic violence - Child marriage - Rape & sexual assault - Forced marriage - FGM - Rape, times of conflict - Trafficking - sexual harassment • Contexts: - In the community ; in the home - Conflict, post conflict • Groups of women - Undocumented - Migrant women - Women refugees and displaced women - Women with disabilities - Women with minority sexual orientation - Ethnic / racial minority - Indigenous/aboriginal women - Women living with HIV

8. Indicators for compliance, 5Ps • State action • effective • accessible • adequate • affordable • timely • Victim/survivor • empowered • agent of change

9. Prevention • Different types of prevention programs, e.g. • Awareness raising campaigns ; media campaigns ; educational programs • Addressing different forms of VAW, e.g. • DV, rape, child marriage, trafficking • Address underlying causes and risk factors of VAW, e.g. • Inadequate housing ; economic dependence ; low levels of education • Target/reach out to different groups in the community, e.g. • Men and boys ; religious and community leaders ; youth ; police ; medical providers • Take into account special needs of particular groups of victim/survivors, e.g. • Migrant women ; refugee and displaced women ; women with disabilities ; rural women • Legislation • Holistic, expansive • Multi-sectoral approach

10. Protection • Existence of protection services • e.g protection orders, injunctions • e.g. shelters, hotlines • Timely • ‘Safe space’ for victims/survivors to access support? • e.g. ‘attitudes’ of law enforcers/first responders, judicial and medical officers • e.g. confidential, private • avoid double victimization • Integrated services • e.g. counseling ; children ; police ; medical ; legal support • Special provisions for groups at risk

11. Prosecution and investigation • Act recognized as a crime/violation • Mandatory prosecution ; ‘no drop’ policy • Support for victim/survivor throughout legal process – e.g. family support, financial cost, NGO support • Address fears of victim/survivor – e.g. fear of repercussions from perp, lack confidence in judiciary/police, deportation, social stigma • Training of police ; prosecutor; judiciary - Sustained? Mandatory? - Content - e.g. gender sensitisation (address biases) • Avoid double victimization • Specialised prosecutors and courts • Multi-agency approach • Plural legal systems, communal/community/religious processes

12. Punishment • Forms of VAW which are punishable • Type of punishment – e.g. imprisonment ; counseling ; anger management ; community service • Minimum punishments • Mitigating factors / defenses • Impunity • e.g. militarisation; failure of rule of law • Women’s participation in constructing appropriate punishment • Is punishment effective to - • prevent recidivism (habitual falling back into crime by perpetrators) • rehabilitate and reintegrate perpetrators into society (e.g. anger management) • deter others from committing of offence

13. Provision of redress and reparation • Address harm – e.g. physical, mental, economic • Redress – e.g. monetary, apology, symbolic tribute, disclosure of truth, promise to cease • Purpose of reparation • Restitution - restore victim/survivor to original situation. • Compensation for harm/violation suffered. • Rehabilitation (medical and psychological care, legal and social services). • Reparation proportionate to the physical and mental harm undergone and to the gravity of the violation of her rights • Measure of satisfaction – verification of facts, full disclosure of truth • Guarantees of non-repetition, which contributes to prevention • Achieve its stated aim

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