PART 2.1
identified an obligation of due diligence upon
Mexico, and provided a detailed series of
recommendations to “improve the application
of due diligence to investigate, prosecute and
punish violence against women … and overcome
impunity” of the perpetrators, and “to improve
the application of due diligence to prevent
violence against women … and increase their
security”.127 The Ciudad Juárez situation was
also the subject of an inquiry by the Committee
on the Elimination of Discrimination against
Women. The report of that inquiry affirmed the
obligation of due diligence and its particular
significance in relation to private violence
against women.128
In M.C. v. Bulgaria (which concerned the
rape of a child), the European Court of
Human Rights held that, under the European
Convention on Human Rights, States have an
obligation to “enact criminal-law provisions
effectively punishing rape and to apply them
in practice through effective investigation and
prosecution”.129
against Women;131 and has been regularly
recognized and applied by other United Nations
human rights treaty bodies.132 In the specific
context of trafficking, both the General Assembly
and the Commission on Human Rights/Human
Rights Council have, with increasing specificity,
recognized the due diligence standard as
applicable.133
Committee on the Elimination of Discrimination
against Women, general recommendation No. 19,
para. 9 (“Under general international law and specific
human rights covenants, States may also be responsible
for private acts if they fail to act with due diligence to
prevent violations of rights or to investigate and punish
acts of violence, and for providing compensation”). See
also the decisions of the Committee on the Elimination
of Discrimination against Women in Şahide Goekce
(deceased) v. Austria, Communication No. 5/2005
(CEDAW/C/39/D/5/2005) and Fatma Yildirim
(deceased) v. Austria, Communication No. 6/2005
(CEDAW/C/39/D/6/2005). In both these decisions the
Committee on the Elimination of Discrimination against
Women found that Austria had breached its obligations of
due diligence with respect to preventing and investigating
domestic violence.
131
Human Rights Committee, general comment No.
31: Nature of the General Legal Obligation imposed on
States parties to the Covenant, para. 8 (“There may be
circumstances in which a failure to ensure Covenant rights
as required by article 2 would give rise to violations by
States Parties of those rights, as a result of States Parties'
permitting or failing to take appropriate measures or to
exercise due diligence to prevent, punish, investigate or
redress the harm caused by such acts by private persons
or entities”); Committee on the Elimination of Racial
Discrimination, L.K. v. Netherlands, Communication No.
4/1991 (CERD/C/42/D/4/1991, para. 6.6) (“When
threats of racial violence are made, and especially when
they are made in public and by a group, it is incumbent
upon the State to investigate with due diligence and
expedition”).
132
The due diligence standard has been adopted
by the Special Rapporteur on violence against
women;130 is repeatedly invoked by the
Committee on the Elimination of Discrimination
“The situation of the rights of women in Ciudad
Juárez, Mexico: the right to be free from violence and
discrimination,” Inter-American Commission on Human
Rights, OEA/Ser.L/V/II.117, Doc. 44 (2003).
127
“Report on Mexico produced by the Committee on the
Elimination of Discrimination against Women under article
8 of the Optional Protocol to the Convention and reply
from the Government of Mexico” (CEDAW/C/2005/
OP.8/MEXICO, especially paras. 273-277).
128
M.C. v. Bulgaria (39272/98) [2003] ECHR 651 (4
December 2003) para. 153.
129
“Report of the Special Rapporteur on violence
against women, its causes and consequences,
Ms. Radhika Coomaraswamy, on trafficking in women,
women’s migration and violence against women” (E/
CN.4/2000/68, paras. 51-53).
130
80
See, for example, General Assembly resolution
61/180, preamble (“Member States have an obligation to
exercise due diligence to prevent trafficking in persons, to
investigate this crime and to ensure that perpetrators do not
enjoy impunity”); General Assembly resolution 63/156,
preamble, and Human Rights Council resolution 11/3
on trafficking in persons, especially women and children,
preamble (“States have an obligation to exercise due
diligence to prevent, investigate and punish perpetrators of
trafficking in persons, and to rescue victims as well as
133
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