The development of the legal obligation of due diligence in international law has played a crucial role in the recognition of the responsibility of States to take positive action to prevent and respond to violence against women, whether committed by State officials or by non-State actors. The due diligence obligation confirms that VAWG is not a ‘private’ matter, but is unequivocally a human rights issue.
The due diligence obligation refers to the duties of the State to respond to human rights violations and it is an important principle of international law. CEDAW recognises the due diligence obligations of States (Articles 2(e), 2(f) and 5 and CEDAW GR 19 and 35). The due diligence obligation defines the responsibilities of States under five key heads: Prevent, Protect, Investigate, Punish, Remedy and Repair.
To read a summary explanation of each obligation and access a compilation of key case law relevant to that obligation, or to read more about UK Human Rights and Equality Law more broadly, click on the respective link below.
Please note, this compilation of cases from the UK domestic courts and the European Court of Human Rights focuses primarily on the ‘due diligence obligation’ and is intended to be illustrative not exhaustive.