The concept of due diligence and the positive obligation to prevent honour-related violence: beyond deterrence

Abstract

ABSTRACTThe duty of states to prevent private acts of gender-based violence forms part of both customary international law and treaty law. However, its scope remains unclear. This article explores the extent to which the concept of due diligence could clarify the content of the positive obligation to prevent a specific form of gender-based violence, namely honour-related violence. With this aim in mind, the article first discusses the concept of due diligence in international human rights law. Thereafter, it sets out to identify the components of the due diligence obligation to undertake general preventive measures against honour-related violence. The author concludes that the obligation to prevent violence with due diligence has implications both for the efforts that states must make and for the character of the measures. The standard of due diligence requires states to use their best efforts to adopt effective measures, which inter alia entails basing the choice of measures on relevant research and data. In order to prevent honour-related violence effectively, states also need to change attitudes upholding the violence.