CYIL vol. 14 (2023)

CYIL 14 (2023) THE CONCEPT OF DUE DILIGENCE IN THE CONTEXT OF VIOLENCE AGAINST WOMENS… aggression towards the victim grow, especially if they still live in the same household), social penalisation of the victim, shifting blame onto her, prosecuting her with false accusations of endangering the child (if minors witnessed the violence), or insensitive extensive application of tools of criminal law (which still mainly focus on the perpetrator, tend to disregard the victim, and can be revictimizing and retraumatizing for her). In reality, some victims might benefit much more from sensitive, expert help provided by specialized organizations or legal assistance, 87 rather than from too much public involvement. Therefore, it is appropriate to consider “how much state” is just right and enough for victims and minimalization of their harm. It is not the ambition of this article to propose a complete reconstruction of the scope of due diligence, doing so would not be desirable anyway. However, the author agrees with those supporting a critical approach to the content and scope of due diligence through the lens of victim-centred approach, and its appropriate improvement which would not strengthen its problematic aspects, and above all, would not deepen the victims’ trauma. 88 6. Conclusion The article mapped the scope of due diligence in the context of violence against women and critically assessed some of the aspects of its content. Firstly, the author noted that the applicability of due diligence is of utmost importance to a proper human right’s understanding of violence against women. Secondly, after analysing international legal sources and decision-making practice, the article stated that there is a relative consensus on the content and extent of due diligence, and there are significant similarities in the interpretation of this concept among various human rights bodies. 89 Their practice also shows that due diligence is not just a theoretical doctrine but has very tangible and real impacts, particularly on lives of victims (at least those who could assert their rights before judicial bodies), as states tend to be regularly found responsible for their lack of action in face of violent acts against women. Finally, it concluded that there is certainly space for refinement of due diligence’s specific outlines and scope in order to be a safer, more adequate, victim-oriented tool with lower threshold, adapted to everyday realities and the needs of survivors of this violence. In any case, due diligence continues to be a powerful instrument, which has empowered victims to defend themselves against inactive or uninterested states, even before international bodies. Such a contribution is and will remain revolutionary irrespective of its potential to improve.

87 GOLDSCHEID, LIEBOWITZ, op. cit., p. 303. 88 Ibid, p. 344. 89 Campo Algodonero, op. cit., § 123; GOLDSCHEID, LIEBOWITZ, op. cit., pp. 326–327.

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