CYIL vol. 14 (2023)

PETRA PRESSEROVÁ CYIL 14 (2023) of international legal responsibility for its (in)action. 19 The applicability of due diligence in this regard is, thus, crucial for following reasons. Firstly, due diligence strengthens the primary obligations to protect and promote women’s human rights. As there are still states not entirely dedicated to the promotion and fulfilment of these rights, due diligence brings an extra layer on top of the primary human rights duties and the way they should be implemented. By doing so, it becomes another force motivating states to guarantee human rights to women. Secondly, without due diligence, there would be no connection between violent acts against women committed by individuals, state’s inaction, and institutes of responsibility. There would be no consequences for a state who is careless and negligent towards violence against women or does not ensure its prevention or investigation. That would leave women without legal and other tools to defend themselves. Thirdly, due diligence looks not only into the existence of legal and institutional frameworks, but also into their real-life functioning. 20 In some cases, national regulations against violence, including criminal framework, may exist and formally look adequate. Yet, its real, material implementation in practice may be severely defective. Also, an existing legal system may not sufficiently cover the topic of prevention of violence as prevention also requires other measures than strictly legal ones to be taken (awareness raising, education etc.). Thus, due diligence with its large reach may examine also the quality of adopted internal laws and their implementation and detect possible shortcomings. Without it, a state with a seemingly “perfect” legal order which was never respected in practice could get by without facing any consequences. Due diligence adds the pivotal “how” to the primary obligation’s “what”. Fourthly, due diligence belongs into the proper human rights approach towards violence against women. And it is exactly this type of perspective that is needed in order to ensure that the issue has a full-fledged position in the human rights system and discourse. Lastly, without due diligence, violence against women would remain practically invisible under international law (as was the case till the end of 20 th century). Because of its global prevalence and harmful impact, it is undeniably in a joined international interest to tackle it. Due diligence is what connects acts of private individuals with the realm of international law, interest, and community. To conclude, due diligence requires states to adopt reasonable efforts to build a society where violence is not tolerated, and women are living free of it. Moreover, it is also not draconianly strict. Due diligence duties are obligations of conduct, not of result. 21 Hence, states are not obliged to stop all cases of domestic violence from happening or to unconditionally sentence every single perpetrator of rape; they do not have to “succeed” in hundred percent of cases. The approach and level of care is what matters. 22 All of that is also perceived in light of 19 GRIFFITHS, Helen R. A feminist theory of state responsibility for violence against women . Cardiff, 2019. Dissertation thesis. Cardiff University. [online]. [Accessed 23.03.2023]. Available from: https://orca.cardiff. ac.uk/id/eprint/129801, p. 278. 20 FRENCH, STEPHENSILA, op. cit., p. 16. 21 See Judgment of the IACtHR of 16. 11. 2009 in González and others v Mexico ( Campo Algodonero ) , § 279; VILLANUEVA, F. Rocío. Feminicidio y jurisprudencia de la Corte Interamericana de Derechos Humanos. In: MARIÑO, F., M. Feminicidio: El fin de la impunidad . Valencia: Universidad Carlos III de Madrid, 2013. ISBN 978-84-9033-538-3, pp. 267–268. 22 FRENCH, STEPHENSILA , op. cit., p. 17.

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