By Benninger-Budel, C. (ed.), Carin Benninger-budel
Lower than overseas human rights legislation, states are required to workout due diligence to avoid, examine, punish and supply redress for acts of violence opposed to girls. therefore, the due diligence average provides how to degree even if a country has fulfilled its tasks to avoid and reply to violence opposed to ladies. regardless of its growing to be recognition as a device for selling better nation responsibility for violence opposed to girls through non-state actors, the content material and scope of due diligence duties stay obscure. opposed to the backdrop of up to date concerns that pose threats to women's rights, the individuals to this quantity learn how the due diligence normal and different concepts could be utilized as precious mechanisms to strive against violence opposed to ladies in a variety of cultures around the globe.
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Additional info for Due Diligence and Its Application to Protect Women from Violence
Sample text
Some local and ‘traditional’ forms of violence against women have become globalised while others, such as trafficking, have become increasingly ubiquitous. The response of the international community to transnational issues is still essentially bound by the ‘sovereign state’ understanding. The approach to human trafficking and the protection of the rights of migrant workers are particularly illustrative of the failure to develop transnational solutions. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organised Crime (the Palermo Protocol), takes a law-and-order approach to the issue of trafficking rather than being based in human rights.
It is argued throughout the chapters of the current book that in order to prevent violence against women, states parties are Introduction required to effectively address the underlying causes of violence against women resting in the social and cultural structures of patriarchy. Rikki Holtmaat looks at the place and role of Article 5 (a) of the CEDAW Convention as well as its meaning and scope. She examines the obligations under Article 5 (a) in relation to the elimination of violence against women and ends her chapter considering whether the due diligence standard is an appropriate tool where general prevention of violence against women by means of combating gender stereotypes is concerned.
Dee Smythe then clarifies the many challenges which remain. She notes for example that positive duties are restricted to the criminal justice agencies and that no obligations are placed on the health sector, while this is one of the state agencies with which victims of domestic violence are most likely to come into contact. It is also the area most competent to respond to the interrelation between domestic violence and HIV/Aids, of which many women die every year. With regards to resources, she remarks that when we impose standards which are subject to ‘available resources’ we are positing in fact that different standards of protection apply to women from developed and developing countries and poses the question of whether a global commitment to ending domestic violence with due diligence should not mean a commitment of targeted donor intervention into resource-constrained countries.