The Leap from Theory to Practice: Snapshot of Women’s Rights Through a Legal Lens

Globally, at least one in three women will be beaten, coerced into sex or otherwise abused by an intimate partner over the course of her lifetime. It can be argued that the perpetuation of violence against women is a result of the failure to provide equality under international law and to protect universal human rights. Over the last three decades, the international community has utilised human rights instruments and international bodies of law to advance the conceptualisation of women’s rights as human rights. However, the continued prevalence of violence against women points to evidence of gender-based discrimination and lack of gender equality within the legal realm. This paper will highlight how the evolving jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights has helped shape gender norms and reinforce positive State obligations to prevent and protect women against violence. Moreover, these shifts in the theoretical rights of women will be analysed to see whether they are translated into practice within domestic jurisdictions. Author Affiliations International Tribunal for the Former Yugoslavia, Legal Associate (pro bono); University of Utrecht, LL.M Candidate International Human Rights and Criminal Law (2013); Marquette University, B.A. Criminal Law (2007). The author would like to thank the Merkourios Editorial Board and the referee reviewer for the helpful comments on an earlier version of this article. The author would also like to thank Margaux Raynaud for her support and insight into the issues at the crux of this article. A rt ic le 04 Merkourios Gender in European and International Law Vol. 29/77


Introduction
Globally, at least one in three women will be beaten, coerced into sex or otherwise abused by an intimate partner over the course of her lifetime. 1 In his campaign to end violence against women United Nations Secretary-General, Ban Ki-Moon, stated: "Violence against women and girls continues unabated in every continent, country and culture. Most societies prohibit such violence -yet the reality is that too often, it is covered up or tacitly condoned". 2 Violence and discrimination against women continue to exist in a multitude of forms and on a global scale, depriving half the world's population of their social, economic, and political rights. It can be argued that this perpetuation of violence against women is a result of the failure to provide equality under international law and to protect universal human rights.
Over the last three decades, the international community has utilised human rights instruments and international bodies of law to advance the conceptualisation of women's rights as human rights. Pursuant to the Universal Declaration of Human Rights, the notion of women's human rights are based on the principle of universal, inalienable, and indivisible rights which are granted to individuals by virtue of their humanity. 3 While the conceptualisation of women's rights as human rights is a fundamental benchmark for ensuring equal rights based on gender, it should be noted that the term "women's rights" extends beyond the basic parameters provided for under a human rights framework. The fulfilment of women's rights requires a framework supplementary to that of universal human rights, one which addresses discrimination and inequality, violations of rights, and specific needs and challenges based on gender. 4 With this conceptualisation of women's rights being equal to and extending beyond the basic human rights framework, a shift has occurred in State obligations, moving from negative obligations to positive obligations which require the State to respect, protect, and fulfil the full realisation of women's rights. In fulfilling these positive obligations, the State is required to take measured steps to address the challenges faced by women in the realisation of their rights, such as outreach programs which provide services to victims of domestic violence and provide information on legal options moving forward.
However, the continued prevalence of violence 5 against women points to evidence of gender-based discrimination and lack of gender equality within the legal realm. 6 This gender-based discrimination within the legal realm is be evidenced by gaps in the protection of women's rights. 7 First, the women's rights often fall victim to the public/private dichotomy and are pushed from the public sphere into matters which are considered "private", and therefore not within the jurisdiction and scope of State responsibility to protect. 8 For example, in some States domestic violence against women is seen as a "private" issue, as it involves familial matters and is thus outside the State's jurisdiction, leading States to remain inactive in protecting women from violence. Moreover, the violation of women's rights is often relegated to a "secondary" crime, overshadowed by matters considered of greater importance, such as global and State security and stability. 9 Lastly, numerous situations exist where discriminatory practices against women, such as female genital mutilation and "honour" killings, are perpetuated under the guise of cultural norms. 10 1 UN Secretary-General's Campaign "UNiTE TO END VIOLENCE AGAINST WOMEN," 'Framework for Action: Programme of United nations Activities and Expected Outcomes 2008-2015' (2008) 2 (UNSG Campaign Unite to End Violence Against Women). 2 Ibid. 3 Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III) (UDHR). The Preamble of the UDHR states, 'the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women'. Article 1 of the UDHR reaffirms the concept of equal dignity and rights as a corollary to being human, and Article 2 specifically stipulates that all rights provided for within the UDHR shall be fulfilled and protected "without distinction of any kind such as race, color, sex, language... or other status". 4 Specific needs and challenges based on gender include, but are not limited to issues related to access to justice, education, and adequate general and reproductive healthcare. Discriminatory practices against women which are widely accepted as human rights violations and in need of special attention include, but are not limited to, issues relating to lack of economic empowerment, political participation, and participation in peace processes, as well as the need to address all forms of violence against women. 5 This paper will adhere to the definition of "violence against women" as provided for in the Declaration on the Elimination of Violence against Women. Article 1 defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life". See  Please note, the primary objective of this paper is not to offer an extensive overview of gaps within the legal realm which leave women's rights unprotected and thus, this subject will only be highlighted to demonstrate the existence of such gaps. 8 See

Article
This paper will highlight the steps taken by the Inter-American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR) respectively to protect the rights enshrined in the Universal Declaration of Human Rights and the use-and consequences-of findings of positive State obligations with regard to violence against women. It will not address cultural relativism, as the right to be free from violence is a right that is not limited by the principles of any given culture. 11 Part II will offer an analysis of how the IACtHR has historically addressed cases involving use of violence or discrimination 12 against women, examining how State obligations have changed over time and the varying impact of Court decisions on gender norms. Part III will build from the previous section with a similar overview of the judgments on women's rights cases by the ECtHR. Part IV will analyse the evolution in State obligations and jurisprudence within these two legal systems, highlighting the potential impact of these obligations on the policies of national jurisdictions regarding violence against women. It should be noted that the purpose of this paper is not to provide a comprehensive illustration of how due diligence standards have impacted women's rights within national jurisdictions. Instead, this paper will explore the potential of increased State obligations derived from international human rights treaties, conventions, and jurisprudence to impact national policies on violence against women.

II. Evolution of Women's Rights within the IACtHR
Over the course of nearly three decades, the IACtHR has utilised human rights instruments to create a judicial culture in which women's rights are held to the same standards as international human rights. This transformation of norms regarding women's rights stems from consistent use of human rights instruments and precedents set by case law. With regard to case law, the IACtHR has established a precedent in which women's rights are regarded as human rights and has fostered a new situation in which the right of women to be free from violence and discrimination is seen as a basic, nonderogable right. Prior to the establishment of this precedent, women's rights were either disregarded or non-existent. In the earliest case law on principles of equality, the IACtHR noted in Advisory Opinion 4/84 that, "the notion of equality springs directly from the oneness of the human family and is linked to the essential dignity of the individual". 21 The Court's ruling set in motion a reshaping of the norms surrounding human rights by drawing parallels between human dignity and the concept of universal human rights. In addition to equating women's rights with human rights, the IACtHR has held that any violation of these rights is a violation of the State parties' duty to respect and protect the rights of their constituents, thereby failing to fulfil positive obligations of the State . While the IACtHR is the only body of law within the Inter-American human rights  system with expressis verbis binding authority, recommendations made by the IACtHR continue to influence the development  of international jurisprudence and can become binding if adopted by a  In analysing how the IACtHR addresses cases relating to discrimination and violence against women, a number of aspects must be taken into account. This analysis will evaluate the handling of a case by taking into account the evidence presented, status of norms regarding women's rights, potential human rights violations, obligations of the State, and subsequent impacts on the status of women's rights as a result of the Court's findings. The primary objective of this paper is to analyse the evolution of the law and its application, while analysing how this transformation might impact obligations and policies in national jurisdictions relating to violence against women.

A. Evolution of Principles and Application of Law
The large amount of American human rights instruments mean that States are bound by numerous obligations to uphold and respect the fundamental rights of citizens. These obligations are expressed differently from treaty to treaty, but generally include duties such as the full realisation of economic, social and cultural rights to the maximum of their available resources. 24 Furthermore, the enjoyment of such rights must be without discrimination to ensure the equal rights for all persons. State obligations can be summed up in three categories: respect for fundamental rights; protection of the enjoyment of fundamental rights; and taking the appropriate measures to ensure the full realisation of fundamental rights. State obligations are realised in large part through the exercise of effective due diligence, as it creates a framework by which States must protect human rights, prevent and prosecute violations, and provide redress for victims whose rights have been violated. As a general rule, State responsibility is triggered by acts or omissions committed either by State actors or non-State actors whose actions are attributable to the State. 25  The due diligence standard serves as a tool for State accountability, as it provides an assessment framework for determining effective fulfilment of State obligations and analysing State actions or omissions. 27 The obligation to conduct adequate due diligence by the State and its implications for domestic policies on violence against women will be discussed at length within this article, as it is ultimately one of the key mechanisms which ensures accountability for adherence to human rights standards.
The shifting obligations of States under the IACtHR were first seen in the case of Velasquez Rodriguez v. Honduras. 28 In this case regarding the forced disappearance of Rodriguez under the commission of Honduras, the IACtHR found that regardless of who committed this crime, "the failure of the State apparatus to act, which is clearly proven, is a failure on the part of Honduras to fulfill the duties it assumed". 29 The Court went on to find that as a signatory of the American Convention, the State had an obligation to exercise due diligence to ensure these rights. The mere existence of a legal system does not alone fulfil the State's obligations to protect human rights, it also requires the State to "conduct itself so as to effectively ensure the free and full exercise of human rights". This case played an instrumental role in the establishment of increased State responsibility, to be measured by the level of compliance with due diligence standards, and a move from negative obligations of the State to positive obligations. Positive obligations of the State, as identified by the IACtHR, now included: prevention, investigation, punishment and redress of human rights violations, and the obligation to prevent impunity. 30 These positive obligations were further supported in "The Street Children" (Villagrán Morales et al.), as the Court found it was not adequate for a remedy to simply be provided for by law or Constitution, but rather that it must be "effective in establishing whether there has been a violation of human rights and in providing redress". 31 Despite the IACtHR's recognition of positive State obligations in relation to individual human rights, the Court consistently failed to uphold these ideals in cases of violence and discrimination against women following the Velasquez ruling. In failing to properly identify violations and gender-specific harms in cases where women and girls were victimised, the Court missed opportunities to establish guidelines on the standard of proof for such violations. 32 An example of such a missed opportunity can be found in Caballero Delgado and Santana v. Colombia,33 where a woman was seen naked after being detained by armed forces. The Court dismissed witness testimonies as vague, ignored the sexual violence dimension of nudity, and sidestepped any discussion on the required standard of proof. Furthermore, in the first case to reach the Court involving rape, Loayza Tamayo v. Peru, the IACtHR found it could not prove the rape given the nature of the allegation and lack of evidence. 34 The Court was ambiguous in supporting their decision to dismiss the charges, much to the detriment of the jurisprudence developed on violence against women in the Inter-American system. Years later, the Court dealt another blow to the development of positive case law on sexual violence against women in Maritza Urrutia v. Guatemala. 35 In this case the victim, while in detention, "was deliberately subjected to psychological torture arising from the threat and continual possibility of being assassinated, physically tortured, or raped". 36 While the Court acknowledged the violation of Urrutia's rights as provided for under Article 5 of the American Convention, it failed to recognise threats of rape as a form of sexual violence that could affect women distinctively from men. 37 This failure to recognise the gendered elements of crime, in this case threats of rape, demonstrates that specific types of violence that women are subjected to were not specifically considered under the existing human rights framework at the time of this decision. of physical abuse and attempted murder over the course of 15 years. This gross misconduct on the part of the State left the victim a paraplegic. The Commission found the State in violation of the victim`s right to a due process under Article 8 and right to an effective recourse under Article 25 of the American Convention. In addition, the Commission invoked the Belém do Pará for the first time and found the State had not only failed to condemn all forms of violence against women, but that its "judicial ineffectiveness vis-à-vis cases of violence against women creates a climate of impunity conducive to domestic violence". 39 In the Commission`s report on Penha Fernandes a number of recommendations were provided in an attempt to place greater emphasis on steps the State could take to prevent the cycle of violence against women. The findings and recommendations of Penha Fernandes are of significance to the development of international jurisprudence because the highly publicised case set in motion demands for greater State accountability and mechanisms for protecting women against violence. 40 While the recommendations issued by the Commission are not binding, they can become legally binding if the respective State adopts them. Additional credibility is given to recommendations of the IACHR in that the IACtHR often refers back to these recommendations when issuing judgments on similar cases. While recommendations provided by the Commission signify a step in the right direction, it remains unclear whether monitoring mechanisms within the Inter-American system are capable of ensuring compliance on the part of the State.
In another landmark case, Castro-Castro Prison v. Peru, the IACtHR first specifically addressed violence against women in its judgment. 41 The State was found guilty of having caused the death of at least 42 inmates, wounding 175, and subjecting another 322 inmates to cruel, inhuman and degrading treatment. In its judgment, the Court analysed the scope and impacts of the sexual violence suffered by the women under State custody, taking into consideration that the attack began in the pavilion occupied only by women. The Court referenced the Belém de Pará in its interpretation of the scope, finding the State had violated Article 5 of the American Convention. 42 Significantly, the Court recognised violence against women as a form of discrimination. 43 In its judgment, the Court referenced a broader definition of the phenomenon of "sexual violence" which stated: "sexual violence consists of actions with a sexual nature committed with a person without their consent, which besides including the physical invasion of the human body, may include acts that do not imply penetration or even any physical contact whatsoever". 44 By utilising an expansive definition of sexual violence the Court afforded greater protection to victims and widened the scope of State obligations to prevent such acts. In addition, the Court determined that the State was responsible for violating the duty to investigate and punish crimes, as stated under Articles 8(1) and 25 of the American Convention, by referring to the State obligation to act with due diligence in cases of violence against women. 45 The case of González et al. ("Cotton Field") v. Mexico followed the judgment of Castro-Castro v. Prison in an effort to address women's rights in a holistic manner. 46 Referred by the IACHR, this case contained allegations of Mexico's failure to investigate the disappearance and subsequent death of three young women who were found weeks later in a cotton field with visible signs of sexual violence and physical abuse. 47 The authorities were accused of failing to act with the due diligence required for a prompt and thorough investigation into the disappearance and death of the women. The parties argued the State's failure to act was based on discriminatory sociocultural practices and stereotypes regarding the behaviour and lifestyle of the victims, practices which are inherently detrimental to the rights of women and promote impunity. 48 In perpetuating these discriminatory practices, the Court found that the State failed to ensure the fundamental rights set forth in Article 1(1) of the American Convention and did not provide the legal provisions necessary to uphold express rights and freedoms encompassed

B. Addressing Violence and Discrimination Against Women
The IACtHR and IACHR have taken considerable steps to condemn violence against women, as seen in the emphasis placed on adequate due diligence of States, pronouncements on violence against women, and expansive application of the law and jurisprudence. The definition of sexual violence and its application have become broader, thereby encompassing multiple criminal acts of a sexual nature and providing greater justice to victims. Furthermore, the establishment of rape as torture was a monumental advancement in justice, as it acknowledged the element of control by State authorities and the increased gravity of rape when such control is misused. In addition, the IACtHR has slowly come to understand the particular vulnerability of indigenous women and their struggle to gain access to justice.
In analysing how cases of violence and discrimination against women are addressed by the IACtHR, it is important to look not only at the standards by which States are held accountable, but also the criteria utilised in the Court's decisions. In examining how cases of violence and discrimination are addressed by the IACtHR, this section will review the interpretation and application of relevant laws and jurisprudence, criteria used to determine State obligations, and the recognition of how violations impact the women's rights.
In the case of Raquel Martí de Mejía v. Perú 55 the IACHR's expansive interpretation of the legal definition of rape increased the severity with which courts would categorise rape. Prior to this case, rape was considered an invasion of privacy and a violation of Article 11 of the American Convention. It was also considered a lesser form of inhuman treatment, prohibited under Article 5 of the American Convention. The IACHR concluded there was enough evidentiary support to prove the rape of Mejía constituted torture because it met the required elements under Article 2 of the American Convention. The Commission found the acts committed against Mejía included the following elements of torture: "1) an intentional act 49 The IACHR found the State had violated rights which included: Articles 1(1) and 2; the right to life per Article 4(1); right to humane treatment pursuant to Articles 5(1) and 5(2); right to personal liberty protected by Article 7(1) of the Convention and Articles 7(b) and 7(c) of the Belém do Pará; special protections afforded to children under through which physical and mental pain and suffering is inflicted on a person; 2) committed with a purpose; and 3) committed by a public official or by a private person acting at the instigation of the former". 56 In addition, the IACHR found Peru had violated the State's positive obligation to respect and guarantee the exercise of rights under Article 1 of the American Convention, right to humane treatment under Article 5, right to due process under Article 8, right to protection of honour and dignity under Article 11, and the right to an effective recourse under Article 25. 57 While the findings of Mejía are not binding, they were nonetheless significant because they created a baseline by which future cases involving rape by a State official would be measured. It could also be argued that by equating rape to torture, the IACHR's decisions were more likely to impact the societal values and perceptions, thereby placing greater importance on State accountability for protecting women's rights and reshaping the norms associated with violence against women. The IACHR took a similar line of reasoning in Ana, Beatriz, and Celia Gonzalez Perez v. Mexico, marking the first time sexual violence was conceptualised as torture and the importance of access to justice for victims of violence had been addressed in the individual case system. 58 The findings of Based on findings from Inés Fernández Ortega v. Mexico, the IACtHR established the following links between guaranteed access to justice and the States` obligation to exercise due diligence in cases of sexual violence : 1) sexual violence is a paradigmatic form of violence that specifically targets women and has consequences that transcend the victim; 2) rape can constitute torture even if it only occurs once and is outside state installations, if the perpetrators act intentionally and cause severe suffering; 3) a rape violates the values and core aspects of private life and interferes with an individual's right to make intimate decisions of a person; 4) it is particularly important for persons with authority to investigate an act of rape with efficiency and diligence, taking into account the State`s obligations prevent rape and to restore trust in the victims; 5) investigation should prevent revictimisation and post-traumatic stress; and 6) the declaration of the victim regarding an occurrence of sexual violence is imperative in the investigation and prosecution of such cases. See communities. 65 Significantly, the Court recognised that violence against women permeates through all social sectors and reiterated the duty of the State to refrain from all forms of discrimination. 66 In summation, jurisprudence from the IACtHR highlights the recognition of women's rights as human rights and an increased emphasis on the gravity of sex crimes against women. In addition, this jurisprudence reveals the establishment of State obligations and positive measures required to ensure the full realisation of women's rights.

III. Evolution of Women's Rights within the ECtHR
The ECtHR has publicly stated that "the advancement of the equality of the sexes is today a major goal in the member States of the Council of Europe". 67 In working to achieve this goal the ECtHR is the arbitrator of human rights within the 47 member States 68 of the Council of Europe who have ratified the European Convention on Human Rights (ECHR). 69 The ECtHR issues decisions and judgments based on the principles of equality and protection of universal human rights, articulated in the ECHR and its relevant Protocols. 70  However, it is important to note that a key obstacle in the practice of individual rights is the existence of discrepancies in case law, established in part through use of the margin of appreciation. The ECtHR circumvents the concept of universal human rights and allows national bodies to incorporate their communal values and beliefs when interpreting the European Convention. This adherence to cultural relativism allows for inconsistent judgments and varying perceptions of the norms regarding women's rights. In the case of Bevacqua and S. v. Bulgaria, the claimant argued that the Bulgarian Penal Code violated rights protected under the European Convention by placing the burden of proof on victims of domestic violence whose injuries were categorised as "light" or "medium" by State officials. In response to these accusations the ECtHR applied the margin of appreciation doctrine and found the Bulgarian Penal Code did not violate the right to respect for an individual's private and family life, protected under Article 8 of the ECHR. 73 It could be argued that judgments such as this send mixed signals and undermine the validity of justice because it allows States to deviate from the principles of universal human rights and implement discriminatory practices without any legal repercussions.
In analysing how the ECtHR addresses cases relating to discrimination and violence against women, this analysis will utilise the same criteria as the previous section regarding the IACtHR. This analysis will evaluate the handling of a case by taking into account the evidence presented, status of norms regarding women's rights, potential human rights violations, obligations of the state, and subsequent impacts on women's rights as a result of the Court's findings. The primary objective of this paper is to analyse the evolution of laws regarding violence against women and their application, while seeking to identify how this transformation has the potential to impact State obligations and domestic policies related to violence against women.

A. Evolution of Principles and Application of Law
As highlighted in the previous section, State obligations are set forth in the provisions of international human rights standards and reinforced through the findings of international courts. These requirements serve as a mechanism for protecting individual human rights and ensure accountability of the State to fulfil their positive obligations. State obligations are realised in large part through the exercise of effective due diligence, as it creates a framework by which States must protect human rights, prevent and prosecute violations, and provide redress for victims whose rights have been violated. The obligation to conduct adequate due diligence by the State will again be discussed at length within the subsequent section of this article in an effort to illustrate the parallel increase in women's rights from one human rights court to the other. Significantly, the shift from negative to positive State obligations could be considered a catalyst in the promotion of women's rights and protection against violence, as it is ultimately one of the key mechanisms which ensures State accountability for adherence to human rights standards.
A significant benchmark in the evolution of State obligations was the case of Airey v. Ireland, 74 as the ECtHR recognised the extension of State obligations to take positive steps in ensuring access to justice. The applicant sought judicial separation from her husband, who had previously been convicted for assaulting her. However, judicial separation was available only through the High Court and legal aid was not provided in such proceedings. The ECtHR held that the obligation to secure rights provided under the Convention were not limited to a State's duty to refrain from committing violations, but extended further to sometimes require "positive action on the part of the State". 75 The Court pointed to Article 6(1) of the European Convention, which requires States to provide free legal aid when such assistance is indispensable for ensuring access to justice in cases where legal representation is mandatory under the domestic law or the nature of the case is particularly complex. This move from States' negative obligations to positive ones was significant in ensuring the protection of individual rights. Subsequent cases have reinforced the recognition of the State's obligation to protect individual rights and provide a remedy where required. 76 In Osman v. the United Kingdom the ECtHR took an approach similar to the IACtHR's decision in Velasquez Rodriguez, acknowledging that a State's obligation "extends beyond its primary duty to secure the right to life by putting in place effective criminal-law provisions to deter the commission of offenses against the person backed up by the law-enforcement machinery for the prevention, suppression and sanctioning of breaches of such provisions". 77 This was the first case in which the ECtHR formally recognised that the State's positive obligations under Article 2 of the European Convention include, in certain circumstances, the obligation to take preventive measures to protect an individual's life from the criminal acts of another individual. The Court went a step further, establishing a framework by which the initiation of State responsibility was contingent upon four cumulative requirements: (i) "the authorities knew or ought to have known" of the existence of a risk; (ii) the risk must have been "real and immediate"; (iii) the targeted individual must have been identified; and (iv) the state must have failed to take all reasonable measures. 78 This framework was critical in widening the scope of State obligations, as the language used allowed for its application to a multitude of scenarios while enabling the Court to exercise its own discretionary powers.
A decade later, the ECtHR formally recognised State responsibility to prevent violence and discrimination against women in two landmark cases, Opuz v. Turkey and Bevacqua and S. v. Bulgaria. In Opuz v. Turkey, 79 the ECtHR applied the 'Osman test' to assess "whether the authorities displayed due diligence to prevent violence against the applicant and her mother". 80

Case Note Article
confined to the circumstances of the present case. It is a general problem which concerns all member States". 82 In highlighting the varying forms of violence and its applicability to all member States, the Court helped to establish the conceptualisation of violence against women as a phenomenon which must be addressed in all jurisdictions.
Also significant, Opuz was the first domestic violence case in which the Court recognised the violence directed toward the women as being gender-based and therefore in violation of Article 14 of the European Convention. In response to the staggering evidence against the applicant's husband, combined with the State's failure to protect the applicant and take necessary investigative and judicial measures, the Court concluded that the mere existence of a criminal law system was not enough to fulfil the State's positive obligations. 83 In issuing a judgment, the Court applied relevant international and comparative law to conclude Turkey's criminal justice system had failed to respect and protect the rights of citizens, thereby failing to fulfil the State's positive obligations. 84 In Bevacqua and S. v. Bulgaria, the applicant was assaulted on four separate occasions by her husband during their custody and divorce proceedings. Failure of the State to impose protective measures was grounded on the notion that the dispute was a private matter, thereby depriving the applicant of the immediate assistance needed. The ECtHR applied the concept of due diligence and affirmed the existence of a duty to prevent, investigate, and punish acts of violence directed against women, regardless of whether they were perpetrated by an individual or State official. 85 The Court noted that "Bulgarian law did not provide for specific administrative and policing measures and the measures taken by the police and prosecuting authorities on the basis of their general powers did not prove effective". These decisions were important, as they signified the growing importance of States' positive obligations. Additionally, the Court applied findings from Maria da Penha v. Brazil, in which the IACHR "characterized violence against women as a form of discrimination owing to the State's failure to exercise due diligence to prevent and investigate a domestic violence complaint". 88 The ECtHR concluded that the "State's failure to protect women against domestic violence breaches their right to equal protection of the law and that this failure does not need to be intentional". 89 The judgments issued in Opuz and Bevacqua and S. were significant because they established higher standards of due diligence that were binding for State parties to the ECHR. In establishing a State's obligation to exercise due diligence it also signifies greater emphasis on the threefold obligation of State parties to respect and protect human rights while providing access to justice and redress for victims.
With each additional case of violence or discrimination against women brought before the ECtHR, the Court has gradually established principles which guide its assessment of whether the response of domestic authorities to domestic violence has been compatible with their positive obligations under Article 8 ECHR towards the victim of that violence. The ECtHR first identified these guiding principles in Hajduová v. Slovakia 90 by drawing upon several international instruments and 82 Ibid 132. 83 The Court collected medical documentation proving the applicant had endured repetitive assaults over many years. At one point H.O. stabbed his wife seven times and when prosecuted for this assault, the domestic courts issued H.O. a fine of €385, which could be paid out over several instalments. 84 The ECtHR examined relevant international and comparative law material to accurately assess the standards by which a State is obligated to take action in the pursuit of stemming violence and discrimination against women. In this assessment, the Court considered the previous decisions of A.

Case Note Article
court, it is important to look not only at the standards by which States are held accountable but also the criteria under which to the question over whether States have fulfilled their positive obligations is answered. In examining how cases of violence and discrimination are addressed by the ECtHR, this section will review the interpretation and application of laws and jurisprudence related to violence against women, criteria used to determine State obligations, and the recognition of how violations impact the women's rights.
In the case of X and Y v. the Netherlands, the victim was a 16 year-old girl with a mental handicap. 104 While living in a home for children for mental disabilities, she was raped the day after turning 16, which is the legal age for consent under the local jurisdiction. The applicant was unable to sign an official complaint given her young mental age, but the domestic courts did not recognise the complaint as admissible when brought forth by the victim's father. The ECtHR found the State had violated Article 8 ECHR because the criminal legal system lacked any provision which could provide remedy for a mentally disabled girl who had been sexually assaulted. Thus, the Court reaffirmed the State's positive obligation to put in place effective provisions to deter the commission of offences against persons and reinforce protective legal frameworks through enforcement mechanisms whose duty it is to oversee the prevention, suppression, and punishment of violations of such provisions. The Court has stated that it is not the task of the Court to give an interpretation of domestic law, ergo, it is the State's responsibility to exercise their margin of appreciation in the implementation of criminal law provisions when absent in the current legal system. These provisions must, however, adhere to human rights standards set by the ECHR. 105 In the case of Aydin v. Turkey the ECtHR found a State official had raped a 17 year-old young Kurdish girl while she was in custody. 106 This act was described as an abhorrent form of ill-treatment which caused deep psychological scars, thereby constituting torture. In addition, the Court found the State had failed to fulfil its positive obligation to investigate the victim's allegations of rape and thereby violated Aydin's rights under Article 3 ECHR. This case was significant to international jurisprudence on women's rights in that it was the first case within the ECtHR to equate rape to torture, referencing the IACtHR's judgments in Inés Fernández Ortega v. Mexico.
The ECtHR reframed the approach of States to cases involving allegations of rape in the case of MC v. Bulgaria. 107 In this case no charges were brought against two men who were accused of raping a 14 year-old girl because the Bulgarian Criminal Code defined rape as occurring inter alia when a woman is coerced into sexual nature by means of force or threats. The Bulgarian courts did not investigate this claim because the complainant had failed to illustrate clear physical resistance against the act of sexual intercourse. The ECtHR concluded the complainant's rights under Articles 3 and 8 ECHR had been violated and the State had failed to fulfil its positive obligations in the "penalization and prosecution of any non-consensual sexual act, including in the absence of physical resistance by the victim". 108 States had historically enjoyed a wide margin of appreciation in ensuring adequate protection against rape, but in this case the ECtHR ruled against Bulgaria and challenged the legitimacy of its criminal code. This ruling was instrumental in amending the standard definitions of rape, placing greater emphasis on the non-consensual elements of the act itself, rather than the victim's reaction. 109 This progression in case law also affected gender norms as it moved away from the examination of a woman and her characteristics to find reason for why the violation was committed, instead focusing on the accused and whether their actions violated a protected right.
Thus, similar to the IACtHR, the ECtHR witnessed an evolution in the recognition of women's rights and positive State obligations. Though the ECtHR's jurisprudence women's rights were firmly established and protected per recognition of State obligations to prevent, investigate, prosecute, and provide redress for violations of fundamental human rights.

IV. State Obligations and the Global Perpetuation of Violence Against Women
The IACtHR and ECtHR both draw upon human rights instruments which enshrine the universality of women's rights and have undergone a similar evolution in which women's rights became defined as human rights. international jurisprudence on women's rights. 110 Lastly, both bodies of law are binding on the states party to the individual cases and have established the State's failure to exercise due diligence in cases of discrimination or violence against women as gender-based discrimination. Recognition of State failure to fulfil positive obligations by way of adequate due diligence, and its direct correlation with continued violence against women, is a significant acknowledgement for women's rights. This acknowledgment places greater emphasis on the State to adhere to human rights standards and gender norms which ultimately promote equality.
The following section will begin by identifying key positive obligations of the State as employed by both courts in an attempt to illustrate the breadth of required protective measures with regard to women's rights. The subsequent sections will build from this illustration of State obligations, examining the potential of such obligations to influence policies related to violence against women in national jurisdictions.

A. Increase in Rights for Women through State positive Obligations
The evolution of law and its application is illustrated by the fluctuating relationship between State obligations and individual rights, as well as a more gender-sensitive and nuanced approach to how criminal conduct is defined. The evolution of State positive obligations is illustrated through analysing the case law of the IACtHR and ECtHR. According to both courts, an investigation by State authorities should be capable of leading to the identification and punishment of those responsible. 111 The investigation must be independent, impartial, subject to public scrutiny, and the competent authorities must act with exemplary diligence and promptness. 112 With regard to rape, the investigation and its conclusion must be centred on the issue of non-consent. 113 The State also has a positive obligation to carry out effective prosecution 114 and prevent degrading practices. 115 The aforementioned State obligations are further reinforced through the emergence of due diligence standards as customary international law. This emergence is illustrated in part by the "due diligence" standard, endorsed in 2006 by UN Secretary-General, Kofi Annan, in response to the growing coalescence of norms related to violence against women. 116 This standard stipulates "violence against women is a form of discrimination and a violation of human rights". 117 The Secretary-General went on to declare that failure to adhere to due diligence standards results in impunity for perpetrators while depriving victims of justice and reinforcing discriminatory norms which ultimately all affect women and girls. 118 Within the same year, the second UN Special Rapporteur on Violence Against Women, Yakin Ertürk, issued a significant report which provided guidance on how to utilise the due diligence standard as an evaluative means when assessing State compliance with positive obligations related to violence against women. This report, entitled "The Due Diligence Standard as a Tool for the Elimination of Violence Against Women," comprises an extensive critique of international law to demonstrate there is "a rule of customary international law that obliges States to prevent and respond to acts of violence against women with due diligence". 119  (c) include in the obligation of access to justice, a requirement to treat women victims and their relatives with respect and dignity throughout the legal process; (d) ensure comprehensive reparations for women victims of violence and their relatives; (e) identify certain groups of women as being at particular risk for acts of Suggested preventive measures included programs to empower women and teach self-reliance, encompassing educational classes, skills training, legal literacy workshops, and access to community resources. In addressing the "protective" facet of due diligence obligations, Ertürk noted that States are required to develop "appropriate legislative frameworks, policing systems and judicial procedures to provide adequate protection". 121 Furthermore, in highlighting examples of best practices, Ertürk cited States with reformed legislation that demanded greater accountability and adequate investigation and punishment of violence against women. 122

B. Impact of State Obligations on Women's Rights in National Jurisdictions
The aforementioned cases illustrate an evolution of State obligations in which well-established jurisprudence has created a concrete framework of positive obligations to prevent, protect, prosecute, and provide redress for victims. In addition, within this framework exist specific recommendations of measures that ought to be taken and those which are necessary, thereby creating a set of guiding principles for States in the creation and modification of policies related to violence against women. Importantly, such recommendations are determined in large part by the close correlation between gender inequality and the prevalence of gender-based violence. 123 In recognition of this correlation, the IACHR examined which social contexts had the highest correlation with violence against women, finding violence was a "manifestation of custom and practice or evidence of a social structure that relegated women to a position of subordination and inequality and thus left them at a disadvantage". 124 In light of the historically unequal power relationship between men and women, and the subsequent inferior roles of women within society, State obligations have shifted to accommodate this continued inequality. 125 Positive obligations of States require not only mere adherence to human rights, but also measured steps which respect, protect, and fulfil human rights obligations. The protection of women against violence through creation of State obligations can be illustrated by two classifications of State duties. The first is the duty to amend discriminatory norms, practices, and policies. This duty requires States to amend existing discriminatory practices and legislation to protect women against violence and discrimination. This obligation is illustrated in cases such as Bevacqua and S. v. Bulgaria, where the existing criminal justice system operated on discriminatory norms and practices, thereby contributing to the violation of the victim's rights. 126 The second duty is to conduct effective and efficient due diligence which incorporates positive anti-discrimination measures, as demonstrated in many of the aforementioned cases. 127 The exercise of effective due diligence in preventing violence against women can be evidenced through numerous developments, of which a few include: the creation of specific legislation; development of national strategies and action plans; expansion of the role and/or powers of the police services; expansion of powers and discretion of prosecutors and judges accompanied by appropriate training; provision of social services by State authorities; establishment of analytical disaggregated data collection systems; and implementation of awareness-raising programs. 128 These two obligations, and the steps taken to fulfil them, can serve as indicators of the degree to which State obligations impact the policies of national jurisdictions, looking specifically at women's rights and protection from violence and discrimination.
1. Duty to amend discriminatory norms, practices, and policies States are required to take all appropriate measures to modify customary practices and amend or repeal existing laws which promote and tolerate violence against women. 129 Given the correlation between discriminatory practices and violence against violence due to having been subjected to discrimination based on more than one factor, including women belonging to ethnic, racial and minority groups; and (f ) modify the social and cultural patterns of conduct of men and women and eliminate prejudices, customary practices and other practices based on the idea of the inferiority or superiority of either of the sexes, and on stereotyped roles for men and women". 121 2006 Due Diligence Report (n 100) 82 (Such protective measures also include providing "a safe and conducive environment for women to report acts of violence" and measures such as counselling centres, legal assistance, restraining orders, etc.). 122 2006 Due Diligence Report (n 100) 50 (Ertürk also suggested that States reinforce the "capacities and powers of police, prosecutors and magistrates" to ensure effective responses). 123 This correlation is recognised in Article 6 of the Convention of Belém do Pará. See also Access to Justice for Women (n 39) 59. 124 Ibid. Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo (n 25) 46 -64. 129 See also Access to Justice for Women (n 39) 71 citing Article 7(e) of the Convention of Belém do Pará. While Article 7(e) explicitly prohibits discriminatory practices and violence toward women, other conventions provide similar protection but without the same specificity. For example, Article 21 of the Charter of Fundamental Rights of the European Union recognises the right to be free from discrimination, including on the basis of sex. Violence against women can be women, this requirement can also be interpreted as an obligation to repeal discriminatory laws.
In a 2007 survey commissioned by the Office of the UN High Commissioner for Human Rights, a questionnaire on laws that discriminate against women was sent, by electronic mail, to a number of agencies around the world. 130 A primary objective of this questionnaire was to ascertain the extent to which discriminatory laws were still in existence. Responses to this questionnaire indicated the existence of discriminatory laws in many States, 131 with laws pertaining to family life being the most likely to contain discriminatory provisions. 132 Laws which govern family life include provisions on the age of marriage, consent to marriage, citizenship, divorce, guardianship of children and marital power of the husband. In addition, other prejudicial procedural provisions included laws related to rape or sexual assault, employment, and business. 133 In its response, Nepal noted a 2006 survey by the Forum for Women, Law and Development found "173 legal provisions of the 83 various Acts and Regulations are discriminatory against women". 134 Of these, 65 have been amended by the Gender Equality Act 2006. There have also been judicial decisions ruling that discriminatory laws are ultra vires, 135 thereby finding 101 pieces of legislation which discriminate against women. 136 Additionally, the Women's Centre for Legal Aid and Counselling based in Jerusalem, noted in its response that civil society had "presented 65 amendments for all laws with a special focus on Personal Status law" to the Model Parliament Project. 137 Many States have amended or repealed laws which allow rapists to avoid criminal punishment if they marry their victim. 138 There has also been a general increase in the criminalisation of sexual crimes and rape within marriage, as well as an expansion of the definition and sanction of rape. This is demonstrated in the domestic policies of countries such as Mexico, Belize, Costa Rica, Honduras, Nicaragua and Panama. 139 Despite State obligation to repeal discriminatory laws which promote violence against women, many States continue to uphold policies that fail to expressly prohibit such violence. In its second and third periodic reports to the UN Committee on the Elimination of Discrimination against Women (CEDAW), Nigeria stated: "In a traditional setting, spousal rape is inconceivable. Under Nigerian Laws in both section 357 of the Criminal Code and section 282 of the Penal Code, a husband cannot be charged with marital rape. Once the marriage is subsisting and the wife has attained puberty then any sexual intercourse with her is never rape". 140 These provisions of Nigeria's criminal and penal code are a clear violation of the aforementioned conventions, treaties, and human rights norms, but are not an anomaly in light of other State policies which are equally discriminatory. For Example, the United Nations Mission in Sierra Leone (UNAMSIL) and Ethiopia and Eritrea (UNAMEE) noted Ethiopia's "Penal law defines 'rape restrictively as only taking place outside of wedlock thereby indirectly giving husbands license to rape their wives. This is discrimination viewed in light of staggering increase of prevalence of domestic violence in Ethiopia". 141 In addition, the penal codes of States such as Haiti 142 and Morocco 143 violate CEDAW's recommendation that States should "enact legislation to remove the defence of honour in regard to the assault or murder of a female family member". 144 These States allow for the partial or full defence of honour killings. States such as Syria, 145 Pakistan, 146 Turkey, 147 Yemen, 148 Jordan, 149 Lebanon, 150 and Egypt 151 have technically outlawed the practice of honour killings but the practice continues unabated, partially as a result of the lenient sentences within their respective penal codes. Importantly, Turkey and Pakistan repealed these discriminatory laws in 2004 but gaps in the implementation of new policies continue to persist, an indication that while the legal framework has changed, societal values regarding violence against women may not progress at the same rate -the exact reason states should be under positive obligations as well as negative obligations to actively prevent abuses. 152 In addition, despite the existence of legal reforms, reporting, prosecution and conviction rates remain low for acts of violence against women. 153 2.
Due diligence and positive anti-discriminatory measures In addition to repealing or amending discriminatory policies and practices, States are obligated to fulfil positive obligations through effective due diligence and measures which stem from the continuation of discriminatory practices. Measures may encompass the creation of policies which address violence against women and its causes, programs that raise awareness about the importance of preventing violence against women, and support programs which provide aid to victims of violence.
The due diligence standard for violence against women is laid out in Article 4(c) of the Declaration on the Elimination of Violence against Women (1993) where States are urged to "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by privates persons". In addition, in General Comment 19, CEDAW highlighted State responsibility for private acts arises "if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence". 154 In a 2006 report the second UN Special Rapporteur on violence against women, Yakin Ertürk, re-examined the meaning and scope of State responsibility to act with due diligence, finding one of the primary problems of the due diligence standard was its failure to address violence against women in a holistic manner. The due diligence standard approached violence as an 142 Article 269 of the Penal Code states that "in the case of adultery as provided for in Article 284, the murder by a husband of his wife and/or her partner, immediately upon discovering them in flagrante delicto in the conjugal abode, is to be pardoned". Syria Penal Code, Article 548 exempts a man from penalty who kills or injures his wife (or a female) after finding her committing adultery or other "illegitimate sexual acts with another". The law also allows a reduced penalty for a man who kills or injures his female relative after catching her in a "suspicious state with another". This tendency to award lesser punishment in cases where the victim is considered to have "provoked" the crime by violating cultural norms is a glaring Turkey Penal Code, Art 81 and 82 (1) outlaw homicide and prescribe a heavy life imprisonment sentence for killings which encompass aspects seen in honour killings (i.e. committed against a family member or spouse; motivated by ethical reasons). 148 Article 232 of the Penal Code of Yemen states "if a man kills his wife or her alleged lover in the act of committing adultery or attacking them causing disability, he may be fined or sentenced to imprisonment for a term not exceeding one year". 149 Part of Article 340 of the Penal Code states that "he who discovers his wife or one of his female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty". While Article 340 has since been repealed, perpetrators of "honour" crimes may inappropriately benefit from the provisions in Articles 97 and 98, which allow for a reduction in sentence if a man is "provoked" into killing. 150 Lebanon Penal Code, Article 562 stipulates that a man who catches his wife or female relative engaging in sex outside of wedlock can kill or injure her in a moment of passion and receive a lenient sentence. 151 Egypt Penal Code, Art 17 provides for judicial discretion to allow reduced punishment in certain circumstances, which is often utilised in cases of honour killings. Fundamental lacunas in this Act include the non-mandatory punishment for perpetrators of 'honour' crimes, existence of provisions of waiver and compoundability, impunity as a consequence of the Court's use of discretion in sentencing, lack of accountability mechanism for co-perpetrators, and harsh penalties which prove counter-productive in securing a conviction. See Honour Killings in Pakistan (n 145) pp 33-36 additional information. 153 Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo (n 25) 47. 154 CEDAW General Recommendation 19 (n 144) 19. Also stressed was the need to move away from a public/private dichotomy in viewing violence against women By categorising some forms of violence against women as a "private" matter it has a normalising effect, and State intervention is perceived differently than if it were a "public" incident of violence. See Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo (n 25) 18. isolated act, failing to recognise the correlation between violence and violations of basic human rights principles, including gender equality and non-discrimination. 155 In addition, Ms. Ertürk argued that principles of non-discrimination obligate States "to use the same level of commitment in relation to prevention, investigation, punishment and provision of remedies for violence against women as they do with regards to other forms of violence". 156 She noted that due diligence had previously "tended to be limited to responding to violence against women when it occurs and in this context it has concentrated on legislative reform, access to justice and the provision of services. There has been relatively little work done on the more general obligation of prevention, including the duty to transform patriarchal gender structures and values that perpetuate and entrench violence against women". 157 This focus on one particular aspect of women's rights is of significance, as it implied that policies which expressly prohibit violence and discrimination against women will have a limited impact where they are not coupled with additional measures which address the practice of discriminatory gender norms. A UN official with experience working with a plurality of legal systems noted: "There is a distinction between cultural discrimination and de jure discrimination. There are few laws promoting discrimination but many de facto practices. It is more about practices than laws. The law will say there is equality but the practice is different". 158 In the subsequent sections this article will highlight measures taken within national jurisdictions to fulfil positive State obligations in addressing violence against women. Due diligence measures which will be discussed include the creation of legislation prohibiting violence against women, national action plans, social service programs, awareness-raising programs, measures to provide redress for victims, and the implementation of data collection systems. The goal of this overview is to illustrate the existence of due diligence measures that address violence against women at the national level. i.

Creation of legislation prohibiting violence against women
Efforts to fulfil positive obligations can be partially satisfied through the creation and effective implementation of domestic policies which prohibit violence against women. This effort has spawned numerous committees focused on the legislative aspects of violence against women. These include: the Commission of Women and Human Development in Peru's Congress; Equity and Gender Committees in Mexico's legislative branch; Equity and Gender Committee and women's caucus in Uruguay; and Legislative Committee for the Family, Women, Children and Adolescents in El Salvador. Regional bodies which have helped shape gender-sensitive legislation include the Inter-American Commission of Women (CIM); Women's Rights Committee of the European Parliament; and Equal Opportunities Unit of the European Commission. The creation of such committees is a positive development because it demonstrates a societal demand for better legislation to address violence against women. Moreover, the growth in State sponsored committees indicates the political will required for positive legislative reforms is present.
Most countries have incorporated provisions into their national constitutions and have amended their penal codes to prohibit violence against women, or address gender equality more broadly. Laws regarding violence against women use a range of terminology and are applicable to "family violence, domestic violence, intimate partner violence, trafficking, sexual violence, and female genital mutilation respectively". 159 An emphasis on domestic or intrafamily violence is prevalent within such legal reforms, with a growing trend toward gender neutrality in laws. 160  Moreover, many States have adopted criminal sanctions with the aim of addressing sexual violence while others have amended their penal codes to make sexual violence a criminal offense with harsher penalties. 162 Some examples include Bolivia, Ecuador, El Salvador, Canada, Chile, the Dominican Republic, Honduras, Peru and the United States. 163 Significantly, a primary result of these legal reforms has been the partial elimination of discriminatory cultural stereotypes and prohibition of unjust considerations in the judicial process. 164 In addition, some forms of sexual aggressions, including rape within marriage, have been re-characterised as criminal conduct. 165 These legal and policy changes indicate a shift in gender norms, as sexual violence is more likely to be viewed as a crime, instead of threats to the subjective concepts of the victim's "honour" and "morality". 166 Examples of changes to the language of Penal Codes can be seen in Bolivia, 167 Brazil, 168 Ecuador, 169 and Argentina. 170 ii.
Drafting and implementation of national action plans International human rights bodies continually call on State parties to develop, implement, and monitor national action plans (NAPs) which address violence against women. 171 Additionally, the adoption and implementation of multi-sectoral NAPs to address violence against women is one of the five key goals which the UN Secretary-General's campaign 'UNiTE to end violence against women' aims to achieve in all countries by 2015. 172 Taking a human rights approach, the guiding principles for drafting a national action plan on addressing violence against women should encapsulate an indivisible, holistic and multi-sectoral response to violence against women. 173 The development and implementation of NAPs aimed at addressing violence against women is evidenced by legislative reforms in several States. One example of a domestic policy adopted with the aim of addressing violence against women and its causes is the Argentinean based National Program for Training, Technical Assistance and Awareness of Violence against Women. This program creates and strengthens interdisciplinary teams throughout the country in an effort to prevent and remedy the effects of domestic violence and form inter-institutional and social networks. 174 In December 2004, the Brazilian Government adopted the National Policy Plan for Women (PNPM), a comprehensive approach to the problem of gender-based violence aimed at lowering rates of violence and amend relevant laws. The PNPM comprises 31 measures which address violence against women. A few of these measures include training for professionals, creation of a service network, implementation of targeted laws, research on women's rights, and creation of public defender's offices equipped to meet the needs of women. Importantly, this plan was also analysed for compatibility at the local level to ensure full implementation. 175 These NAPs are a few examples of the best practices currently implemented by States, as they utilise a holistic approach when addressing the multifaceted causes and consequences of violence against women. In examining how due diligence standards of States have influenced domestic policies related to violence against women, it is evident that in many States, these standards have been incorporated into the NAPs. However, NAPs are multi-sectoral and often cross-jurisdictional, meaning their development is not limited to drafting actions, but rely on the establishment of structures and engagement of stakeholders necessary for an effective implementation. 176 Thus, the establishment of a NAP is not wholly indicative of a State's fulfilment of positive obligations with regard to addressing violence against women.
iii. Creation of government programs to address violence and discrimination against women A strong indicator of a State's compliance with positive obligations to prevent violence and discrimination against women is the creation of programs which help to prevent violence against women and provide services to victims. In some countries inter-institutional collaborations are used to better coordinate State measures to prevent, punish and eradicate violence against women. 177 While this paper is focused on programs which address violence and discrimination against women, it is important to take into consideration the correlation between gender inequality and violence against women. This correlation indicates that programs and policies geared toward gender equality and non-discriminatory practices will have an indirect impact on the prevalence of violence against women. With this holistic approach in mind, effective preventative programs may address a variety of issues surrounding gender-based violence, such as lack of education, access to justice, and adequate healthcare.
In the Bahamas, the Ministry of Social Services and Community Development established a task force on violence against women to institutionalise a coordinated and systematic framework for healthcare policies, and general social services. Chile adopted a similar collaborative strategy, initiating projects which emphasise inter-sectoral coordination with the aim of establishing cooperative agreements between the Ministry of Education, Ministry of Justice, National Police, and the Servicio Nacional de la Mujer (SERNAM Working collaboratively with other components such as the Specialist Domestic Violence Courts (SDVCs) and Independent Domestic Violence Advisor (IDVA) service, MARAC addresses case referrals based on their risk assessment. 179 In addition to preventative programs, most States have created national and local agencies with the mandate of protecting women's rights. 180 One such example is the establishment of the Women and Family Commissions in 17 of Ecuador's 30 provinces. 181 State agencies charged with promoting women's rights oversee similar programs in partnership with CSOs. 182 Other common services include victim hotlines that provide legal advice and psychological counselling, information centres with advisory services on physical and psychological violence, crisis centres, legal advisory services, and targeted intervention programs in domestic violence cases. 183 In some States, the fulfilment of this positive obligation has resulted in an expansion of policing services and judicial discretion. For example, Honduras police stations have been established across the country and staffed with multidisciplinary service teams to better address cases of violence against women. 184 In Brazil, the Office of the Special Secretary for Women's Affairs created a prosecutor's office whose sole function is to respond to and prosecute complaints of violence against women and discrimination. In Luxembourg, specialised training on domestic violence issues was provided to Grand Duchy future members of the police force. This specialised training has since been incorporated into the formal police curriculum, thereby enabling law enforcement units as a whole to better assist victims of domestic violence. 185 The expansion of judicial discretionary powers and policing services --both of which have adequate training and the capacity to address cases of violence against women--is a positive development for women's rights. With increased services and properly trained law enforcement and judicial officers, victims of violent crimes are more likely to receive a gender-sensitive response when seeking services from State officials. a.

Awareness-Raising Programs
A key objective of the UN Secretary-General's campaign to end violence against women is to increase public awareness, political will, and resources for preventing and responding to all forms of violence against women. 186 The establishment of awareness-raising programs which disseminate information on violence against women is another way in which States take measures to meet their positive obligations. Awareness-raising programs vary by need, but generally take on a two-pronged approach. The first objective of these programs is to inform victims and vulnerable sectors? of the population of their rights and the resources available to them. This first approach is demonstrated in numerous State programs, one of which includes Denmark's awareness-raising campaign "Stop violence against women -Break the Silence" ("Stop volden mod kvinder -bryd tavsheden"). In November 2003, a communication campaign specifically geared toward migrant and ethnic minority women was launched with the aim of breaking the taboo surrounding violence against women in local ethnic communities and to inform ethnic minority women about their rights and available resources for support. By increasing awareness of rights among migrant and ethnic minority women, the goal was also to reduce differences between migrant and Danish women and aid integration. 187 The second objective of awareness-raising programs is to disseminate information to the general public regarding human rights standards and how discriminatory and violent acts against women violate fundamental human rights. Outreach programs aimed at increasing public awareness of the impacts surrounding violence against women are present in many States. For example, in January 2007 Croatia initiated "Silence is not gold" ("Šutnja nije zlato"), a program aimed at increasing understanding and awareness of gender-based violence with the end goal of enhancing gender equality on a broader scale. In this program 64 teachers were educated on creative techniques to regarding the prevention of gender-based violence, which subsequently reached over 1,200 students all over Croatia. Croatia's initiative to educate youth on gender-based violence and gender equality is important because it demonstrates how educational strategies can circumvent problems on women's rights before they materialise. 188 190 In fulfilling due diligence obligations, States are required to uphold the rights of victims, providing access to justice, fair treatment, and a prompt redress. 191 Victims' rights can be divided into two separate categories: service rights and procedural rights. 192 Service rights include initiatives aimed at providing victims with better treatment in the criminal justice system. Procedural rights provide victims with a more central participatory role in the decision-making process. 193 Given the differences in victim's procedural rights between adversarial and inquisitorial systems, this paper will place greater focus on service rights and the right to a prompt redress.
With regard to service rights of victims, States have a positive obligation to provide access to a formal or informal mode of justice and initiate outreach programs to impart some degree of legal literacy within vulnerable groups of the population. These educational outreach programs are imperative to the full realisation of justice, as knowledge of the law and the available mechanisms for redress are central to women's access to justice. 194 Outreach programs, similar to those highlighted in a previous section, should embody initiatives wide in scope to act as an effective educational tool in raising awareness on issues from basic human rights to information on how to navigate the local judicial system. A second component of making justice more accessible to victims is to close the wide geographic gaps between locations where crimes may be reported. Physical accessibility is a major issue in accessing justice for women. 195 Often centres equipped to handle cases involving violence against women are not within close proximity, leaving the victim with additional costs of travel.
The State is also obligated to ensure the victim understands their procedural options regarding adjudication and mediation, with an awareness of the time implications for each and the opportunity to be informed in a language of their understanding. In addition, the State is obligated to initiate a thorough investigation, ensure an effective prosecution, and facilitate a "timely" trial.
The second component of redressing human rights violations addressed within the parameters of this paper is the provision of reparations for victims. Reparations are often provided to acknowledge the harm incurred by a victim. Reparations at times are provided in monetary form, although not always, and embody varying forms which include "compensatory, restitutionary, rehabilitative and/or symbolic in nature, and can be individual … or collective …". 196 This variance in redress is important, as it allows victims to select a type or mixture of remedies, which will be most effective in addressing the harm caused to them. Furthermore, the "actual implementation of reparations programs must be accompanied by a concerted commitment and effort on the part of the State to addressing the structural causes of human rights violations. Communities and individuals need to see that, rather than just paying lip service to their suffering, concrete measures are being undertaken by the state to redress the harms done to them in the past …" 197 It is crucial that States address the root causes of violence against women in order to break the cyclical effects of violence both within the public and private spheres.
A significant obstacle to ensuring redress for victims is the lack of information on State obligations to provide adequate reparations for acts of violence against women. This aspect of due diligence remains grossly underdeveloped and is in need of a monitoring mechanism to ensure justice is provided and impunity surrounding violence against women is stemmed. 198 For the purpose of this paper, the lack of data and monitoring mechanism do not allow for a conclusive analysis of whether strengthened due diligence standards have impacted women's rights within national jurisdictions. However, given the continued lack of such information, coupled with general knowledge these gaps exist in reporting redress for violence against women, we can reasonably infer that States are not conducting due diligence adequately. c.

Establishment of data collection systems
In adhering to the requests set forth under the UN resolution on intensification of efforts to eliminate all forms of violence against women, States are encouraged to collect data on violence against women using a widespread and consistent set of indicators. 199 The collection of sex-disaggregated data is crucial to the prevention of continued violence against women, as statistical analysis exposes trends in violence while indicating its causes and consequences. This increased knowledge enables States to implement informed development strategies and legislative reforms aimed at addressing violence against women. 200 An accurate and comprehensive data collection system is also an imperative mechanism for monitoring and enhancing State accountability for measures to prevent violence against women. Thus, it can be argued States have a positive obligation to ensure adequate data collection as one component of their obligation to address violence against women. 201 Fulfilment of this obligation to establish an accurate data collection system is evidenced in numerous national jurisdictions. For example, Argentina's National Women's Council collaborated with UNICEF to launch a National Training, Technical Assistance and Awareness Program on Violence against Women, with one outcome including the establishment of a centralised record of cases involving violence against women. The program collects data which includes: general profile characteristics of the informant population; history of intrafamily violence; the degree of danger at the time of the consultation; and underlying fears to utilise available services. 202 In 2006, the Italian National Institute of Statistics (ISTAT) carried out a survey on violence against women. The survey encompassed elements of violence which included: typology of violence; identification of perpetrator(s); period of occurrence; intensity, severity, consequences, and costs of violence; rate of reporting; and strategies to end violence. 203 States have also made efforts to standardise the survey forms used to compile data on incidents of violence against women. For example, Guatemala has implemented a single form survey to compile data on intra-family violence, with the aim of delineating information by characteristics such as sex, age, ethnicity, and marital status. 204 This move to standardise data collection is a positive indication of State measures which fulfil their obligations and better address violence against women.
However, in some cases the figures provided by State institutions did not fully capture the magnitude of the systematic violence against women because many cases are not reported and variables, like rape and mental health issues, are not always represented in the figures. 205 These unrepresented violations present a challenge to the task of designing and executing measures that are effective in helping to reduce the problems which go unrecorded. Additional challenges include disparities in the data collected by States as a result of numerous variables, a few of which include differences in the indicators of violence and methods of data collection. These disparities in data, or lack thereof, are widespread and present a significant obstacle to the development of informed policies. 206 Such challenges continue at a national level despite the fact 'Friends of the Chair,' a group established in 2008 by the UN Statistical Commission, is mandated with the development of globally acceptable indicators of violence and methods of data collection to be used in national statistical systems. 207 In brief, the aforementioned due diligence measures indicate an increased emphasis by the international community and human rights courts on positive obligations of States to address violence against women has impacted women's rights within national jurisdictions.
In summation, it could be argued that an increased emphasis by international human rights courts on the positive obligations of States to address violence against women has translated to enhanced legislation and programs on women's rights within national jurisdictions. Most States have taken steps to fulfil their due diligence obligations by repealing discriminatory laws and implementing measures which respect and protect women's right to be free from violence. These efforts are evidenced by countless amendments to existing legal frameworks, implementation of national action plans, creation of programs aimed at preventing violence against women and providing social services, establishment of data collection systems, and enhance provisions for redress. However, the impact of these efforts remains limited in some States as a result of failure to adequately implement and monitor new legislation. In addition, many national action plans and preventative programs aimed at preventing violence against women fail to establish a holistic framework, thereby limiting their potential impact. Furthermore, data collection systems have the capacity to create evidence-based programming in order to better address violence against women, yet the availability of statistics on violence against women remains sporadic and weak in many countries and areas of the world. 208

V. Conclusion
Gender-based violence continues to exist as one of the most extreme and pervasive forms of discrimination, severely impairing and nullifying the enforcement of women's rights. 209 While the strong correlation between the problems of discrimination and violence against women has been consistently highlighted, 210 women's rights as international human rights did not gain such recognition before the 21 st century. The late blooming of women's rights is evidenced in the underlying tones of inequality in many societies. However, the global community must overcome the historically constructed inferior role of women in both the public and private realm, as these "'patriarchal disparities of power, discriminatory cultural norms and economic inequalities serve to deny women's human rights and perpetuate violence." 211 The international jurisprudence established by both the IACtHR and ECtHR was imperative to the paradigm shift in which norms regarding women's rights were recognised as human rights. One outcome of this international jurisprudence was the establishment of a lower tolerance threshold in cases regarding violence and discrimination against women. In addition, courts have placed greater emphasis on the positive obligations of States to prevent violence and discrimination against women and to exercise the appropriate due diligence when violations of women's rights have been committed.
It could be argued that an increased emphasis by international, or supra-national, human rights courts on the positive obligations of States to address violence against women has impacted the rights of women in national jurisdictions. This is evidenced in the fulfilment of State due diligence to address violence against women through enhanced legislation, creation of national action plans, and implementation of social services which include awareness-raising programs and increased training for judiciary and law enforcement officers. However, the impact of these efforts is limited by State failure to frame policies and social services with a holistic, cross-cutting approach. Data collection systems, an indicator of State due diligence standards, have the capacity to create evidence-based programming and better address violence against women, yet the availability of statistics on violence against women remains sporadic and weak in many countries and areas of the world, thereby hindering the growth of effective policies and measure to address violence against women. 212 This ironic twist is illustrative of a cyclical relationship between State's success or failure in conducting effective due diligence, and the corresponding impacts on rates of violence against women.
Thus, the importance of enhanced due diligence standards for States underscores measures to better address violence against women in national jurisdictions. However, the extent to which State obligations are capable of positively impacting the status of women's rights is limited by the ineffective implementation of such obligations. Furthermore, the absence of a binding instrument with an international mandate to monitor State compliance with due diligence obligations related to violence against women hints at a slow progression moving forward. 213