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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