Why Due Diligence?
The ‘due diligence principle’ mandates States to exercise due diligence to promote, protect and fulfill human rights. The due diligence principle is critical in eliminating gender discrimination including violence against women. This is because violence against women is most often perpetrated by non-State actors — for example, a close male relative or an intimate partner. Due diligence ruptured the dichotomy between State and non-State actors and the artificial ‘public/private sphere’ divide. States are not only permitted but obliged to enter the so-called ‘private sphere’ to eliminate discrimination and violence against women.
Though not on all fours with State due diligence obligations, business entities too are increasingly held to the responsibility to exercise due diligence to respect human rights and remedy adverse human rights impacts that they have caused or to which they have contributed.