CYIL vol. 14 (2023)

CYIL 14 (2023) THE CONCEPT OF DUE DILIGENCE IN THE CONTEXT OF VIOLENCE AGAINST WOMENS… state capacities – related to the socio-economic situation and development – and the level of knowledge of the danger for the victims. 23 Not applying due diligence would mean stripping women away from a human rights understanding of this phenomenon, any legal and other defence mechanisms for victims, and any interest of international law and community. Its application is, thus, crucial. 4. Scope of due diligence in the context of violence against women As the concept of due diligence was introduced and established for the purpose of this article, the following chapters will focus on its specific substance in the field of the protection of women against violence. Regarding its legal sources, due diligence stems from general human rights mentioned above, and specific women’s rights, 24 including the specific right of women to live free from violence. 25 It is explicitly contained in regional human rights conventions tackling the issue of violence against women, the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (the Belém do Pará Convention) 26 and the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CoE Convention). 27 It is applied by regional human rights courts and quasi-judicial bodies of the UN, primarily the CEDAW Committee. It might be found in soft law and other supportive documents or reports published by international organizations. 28 At the same time, the UN argues that a special customary obligation arose to “ to prevent and respond to acts of violence against women with due diligence. ” 29 This implies that, particularly in this topic, the necessity to proceed with due diligence might have fleshed out into a custom, strengthening its role and significance. Moving on to the concrete scope and content of due diligence, there is naturally no list or a “cookbook” on how to adequately fulfil this obligation. 30 Yet, after a thorough 23 ŠTURMA, op. cit., p. 415; FRENCH, STEPHENSILA, op. cit., p. 18. 24 See UN Convention on the Elimination of All Forms of Discrimination against Women . 18.12.1979. UN Treaty Series, vol. 1249, p. 13, art. 2. 25 See Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women . 09.06.1994, Belém do Pará, art. 6. 26 Belém do Pará Convention, art. 7/b). 27 Council of Europe Convention on preventing and combating violence against women and domestic violence . 11.05.2011, Istanbul, Council of Europe Treaty Series No. 210, art. 5. 28 CEDAW Committee. General comment no. 19, op. cit. ; DEVAW, art. 4/c); Recommendation of the Committee of Ministers of the Council of Europe on the protection of women against violence. 30.04.2002, Rec (2002) 5. [online]. [Accessed 30.01.2023]. Available from: https://search.coe.int/cm/Pages/result_details. aspx?ObjectID=09000016805e2612, para. II; Beijing Declaration, op. cit., § 125/b; Resolution of the UN General Assembly no. 61/143. Intensification of efforts to eliminate all forms of violence against women . 30.01.2007. UN Doc. A/RES/61/143. [online]. [Accessed 18.04.2023]. Available from: https://www.peacewomen.org/sites/ default/files/vaw_garesolution61intensificationofeffortstoeliminatevaw_ga_2007_0.pdf, §§ 7, 8/h; ECOSOC, 2006, op. cit.; ECOSOC, 1999, op. cit. 29 ECOSOC, 2006, op. cit., § 29; see also Campo Algodonero, op. cit., § 254. 30 Although certain academic or non-governmental organisations intend to do so, e.g., AZIZ, ZARIZANA, A. and MOUSSA, J., Due Diligence Framework: State Accountability Framework for Eliminating Violence against Women [online]. Newton: International Human Rights Initiative, 2016 [Accessed 23.04.2023]. ISBN 978 0-9861462-0-6. Available from: https://www.peacewomen.org/sites/default/files/Due%20Diligence%20 Framework%20Report%20final.pdf.

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