Due Diligence & State Responsibility to Eliminate Violence Against Women: Region Australia, Canada, New Zealand and USA

This report analyses the ‘due diligence’ principle and state obligation to eliminate violence against women in Australia, Canada, New Zealand and the United States of America.

The ‘due diligence’ principle is now generally accepted to include an obligation of the State to prevent, protect against, prosecute, punish and provide redress for acts of violence against women (“5P’s”).

This report is divided into four sections:

• Section I introduces the principle of ‘due diligence’ and its evolution to the point where today it is generally accepted that a State has an obligation to prevent, protect, prosecute, punish and provide redress for acts of violence against women, whether committed by State or non-state actors.
• Section II explains the methodology of the report and situates it in the context of the broader Due Diligence Project.
• Section III summarizes key aspects of the socio-political-legal context in Australia, New Zealand, Canada and the United States of America, and the nature of gender violence in the region. It highlights the policy and legal frameworks with regard gender violence, and the manner in and extent to which the due diligence principle has unfolded within the region.
• Section IV summarises survey responses and other commentary from NGO’s. It enumerates trends identified by NGO representatives; identifies good practices and describes challenges in fulfilling the due diligence obligation. This section is organised according to five areas in which the due diligence principle is applicable, namely, prevention, protection, prosecution, punishment, and provision of redress. In this report, these five areas are also referred to as the “5P’s”.