PART 2.1 to prevent, respond to or remedy abuses committed by private persons or entities. Whether or not responsibility can be imputed in this way in a particular case will always depend on the content of the relevant primary rule (i.e., on whether the primary rule actually obliges States to prevent, respond to or remedy abuses). • Human rights treaties often impose a general obligation on States to “respect” and/or “ensure”. In other words, States are required to guarantee rights as opposed to merely refraining from interfering with their enjoyment. This will usually require at least some action by the State party to prevent and respond to non-State interference with established rights. • In the context of human rights, the standard of “due diligence” is becoming the accepted benchmark against which State actions to prevent or respond to violations originating in the acts of third parties are to be judged. An assessment of whether a State has met this standard will depend on the content of the original obligation (the primary rule) as 82 well as the facts and circumstances of the case. In conclusion, States will be responsible for their own acts or omissions that breach their obligations under international law. In addition, States will generally not be able to avoid responsibility for the acts of private persons when their ability to influence an alternative, more positive outcome (judged against the primary rule) can be established. In such cases, the source of responsibility is not the act itself but the failure of States to take measures of prevention or response in accordance with the required standard. This issue will be considered in more detail, and with reference to specific examples, throughout the Commentary. SEE FURTHER: • State responsibility and due diligence in the context of public-sector trafficking: part 2.2, sections 6.1-6.4 • Due diligence in investigating, prosecuting and adjudicating trafficking cases: part 2.4, sections 13.2-13.3 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING

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