Due Diligence and Its Application to Protect Women from Violence

Front Cover
Carin Benninger-Budel
BRILL, 2008 - Law - 296 pages
Under international human rights law, states are required to exercise due diligence to prevent, investigate, punish and provide redress for acts of violence against women. Accordingly, the due diligence standard presents a way to measure whether a state has fulfilled its obligations to prevent and respond to violence against women. Despite its growing popularity as a tool for promoting greater state accountability for violence against women by non-state actors, the content and scope of due diligence obligations remain vague. Against the backdrop of contemporary issues that pose threats to womena (TM)s rights, the contributors to this volume examine how the due diligence standard and other strategies can be applied as useful mechanisms to combat violence against women in various cultures worldwide.
 

Contents

introduction Carin BenningerBudel
1
Standards Problems and Outlook
25
What Does it Entail for Womens Rights? Yakin Ertürk
27
The History and Development of the Due Diligence standard in international Law and its Role in the Protection of Women against Violence Joanna ...
47
The Due Diligence standard with Respect to the Obligation to banish Gender stereotypes on the Grounds of Article 5 a of the CEDAW Convention Ri...
63
Emerging Human Rights Obligations for nonstate Actors Ineke Boerefijn and Eva Naezer
91
Due Diligence and the Power of Economic Players Helen OConnell
109
Due Diligence and the Fight against Genderbased Violence in the interAmerican system Elizabeth AH AbiMershed
127
Trafficking in Women
191
A brief introduction to issues of Responsibility and Accountability Anne Gallagher
193
Problems with the implementation of the Due Diligence standard from the Perspective of Countries of Origin in the OsCE Region Shivaun Scanlan
203
Human Trafficking in Germany Nivedita Prasad and Babette Rohner
213
Violence against Women Legitimised with Arguments of Culture
223
Violence against Women CulturalReligious Traditions and the international standard of Due Diligence Judith Wyttenbach
225
Violence against Women Legitimised by Arguments of Culture Thoughts from a Pakistani Perspective Farida Shaheed
241
The Case for Due Diligence Susana T Fried
249

Applying the Due Diligence Principle in Asia Pacific Lisa Pusey
139
Section II Due Dilligence in Context
157
Domestic Violence
159
South Africas Response to Domestic Violence Dee Smythe
161
Amnesty internationals Work on Domestic Violence Lisa Gormley
173
More Rights but the Obstacles Remain Marķa Naredo Molero
185
Violence in Armed Conflict
263
Violence against Women in Armed Conflict Theodor Winkler
265
Table of Cases
273
The Contributors
277
The supporting Organisations
283
index
287

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About the author (2008)

Carin Benninger-Budel, law degree, Utrecht University, is a researcher at Bern University Interdisciplinary Centre for Gender Studies and a consultant on gender and human rights. She has written extensively on violence against women at the World Organisation Against Torture, Geneva.

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