Teresa Fernández Paredes 69 Therefore, despite these clear advances at the regional and international level, it is important to continue emphasizing and working toward the inclusion of a gender perspective in the investiga­ tion and prosecution of torture, particularly in domestic courts and in cases of violence committed by non-State actors. Despite the fact that torture is prohibited under jus cogens norms, as noted above, widespread acts of torture continue to occur, often specifically affecting women and girls and occurring outside of State facilities and committed by private individuals. This calls for a response by States in two key areas: implementation of existing jurisprudence and international and regional human rights standards, and the inclusion of gender perspective in investigations in order to bring to light the specific inhuman and degrading treatment women and girls suffer because of their gender. Only with a keen focus on these two areas will the principle of due diligence be effectively fulfilled. Furthermore, international standards for protection against violence against women must be broadened. Specifically, the different “human rights violations committed against women (...) when the actor is not a State official and the violation does not occur in a public space”74 must be explicitly recognized as torture. II. The Obligation to Investigate Different forms of Torture with a Gender Perspective Under international law and customary law or jus cogens, States have an obligation to investigate, prosecute, and punish international crimes committed in contexts of armed conflict, widespread or systematic attacks on civilian populations, and serious human rights violations. This includes acts of gender-based violence constituting international crimes. Therefore, in order to achieve an accurate assessment of the nature, use, and impact of these kinds of crimes, an appropriate gender approach must be applied to any analysis of violence, including violence that constitutes torture. The first part of this section will focus on general aspects of including a gender perspective when dealing with acts of torture. The second part will review legal standards regarding the obligation of including this perspective in accordance with international law, with particular attention to the jurisprudence of the Inter-American and European regional human rights systems, and to a lesser degree, the African regional system. A. Overview In order to ensure that laws against torture comply with the principle of non-discrimination, the investigation of acts of torture must include a gender perspective and comply with the elements of due diligence when dealing with forms of violence against women committed by private actors.75 In the words of the former Special Rapporteur on Violence Against Women, Yakin Ertürk, “the concept of due diligence provides a yardstick to determine whether a State has met or failed to meet its obligations in combating violence against women. However, there remains a lack of clarity concerning its scope and content.”76 74 75 76 Miguel, Carmen, op. cit., p. 219. Gaer, Felice, op. cit., 298. Op. cit. The Due Diligence Standard, para. 14.