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The history and development of the due diligence standard in international law and its role in the protection of women against violence

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Chapter Summary

This chapter examines the historical development of the due diligence standard in international law and the way in which it has been applied to the issue of violence against women. It highlights some of the important questions and contemporary challenges related to the due diligence standard such as: Is it really possible to develop a generalised standard of diligence or is it a legal concept that is relevant only on a case-by-case basis? Does the standard of due diligence add anything new to pre-existing positive obligations under international human rights law? Does the reliance upon the state as a filter through which acts of private violence must pass prior to becoming actionable at the international level further entrench the public/private distinction? Can non-state actors be held directly responsible for failures to fulfil their human rights obligations under international law with due diligence?.

Keywords: due diligence standard; human rights law; international law; non-state actors; violence against women



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