THE STATE’S DUTIES IN THE PROTECTION OF THE RIGHTS OF VICTIMS OF GENDER VIOLENCE AND THE GUARANTEE OF ACCESS TO JUSTICE

Abstract

CEDAW, DEDAW and the Istanbul Convention establish a catalog of obligations related to the protection of victims of gender violence, which achieve public policies, legislation and actions to prevent, detect, protect and punish acts of violence against women. This set of benefit obligations generates rights in favor of the victims, and also it has been integrated the right of access to justice for women. That is, this panoply of national and international standards create the objective and subjective contents of women’s right to life free of violence and their consequent right of access to justice. Among them, the duty of due diligence of States adopts a double dimension of responsibility, namely a systemic dimension and an individual dimension, which in turn is related to social and individual rights, respectively. The concept of «due diligence» is of great importance in terms of State responsibility