Discuss three contributing factors that led to human rights violation of gender - based violence.
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The Role of States | Icelandic Human Rights Centre
The promotion and protection of human rights by individual states has an internal as well as an external dimension. This chapter discusses the domestic and international actions states can carry out to enhance human rights protection. Internationally, states can raise their voices whenever human rights are violated. States are actively involved in the development of human rights standards, institutions and supervisory mechanisms. They are the first to bring violations to the attention of international fora and, furthermore, have the capacity to stimulate positive developments with regard to compliance with human rights standards.
At the national level, it is imperative that states comply with international standards. These standards, however, often provide only the minimum safeguards and it is thus preferable that states provide a higher level of protection, i.e. by making available resources for a higher enjoyment of certain socio-economic rights. It is emphasised that effective domestic protection and the success of international standards ultimately lie in the power of states. The human rights supervisory mechanisms, particularly the European Court, have consistently emphasised this point in establishing that their supervision should be subsidiary to that of the national courts and domestic systems for the protection of human rights.
A. Domestic human rights protection
Effective protection of human rights depends on the compliance of each state with its human rights obligations. Establishing a constitutional model in which all human rights are effectively protected is not an easy task. It requires elaborate legislation, effective control over state institutions such as the law enforcement agencies and continuous efforts on the part of numerous other state organs. The struggle of many countries in Eastern Europe and Africa, which changed from absolutist rule to democracy, to comply with the requirements of democracy and human rights – especially regarding questions of multiparty democracy and effective remedies before national courts – demonstrates the enormous efforts and time that may be needed to ensure effective domestic compliance.
The 1990 Copenhagen document of the CSCE spells out in detail what internal compliance may require, inter alia:
Free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives;
A form of government that is representative in character, in which the executive is accountable to the elected legislature or the electorate;
The duty of the government and public authorities to comply with the constitution and to act in a manner consistent with law;
A clear separation between the state and political parties; in particular, political parties will not be merged with the state;
The activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law; respect for that system must be ensured;
Military forces and the police will be under the control of, and accountable to, the civil authorities;
Human rights and fundamental freedoms will be guaranteed by law and in accordance with their obligations under international law;
Legislation, adopted at the end of a public procedure, and regulations will be published, that being the condition for their applicability; these texts shall be accessible to everyone;
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law; the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground;
Everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity;
Administrative decisions against a person must be fully justifiable and must as a rule indicate the usual remedies available; and
The independence of judges and the impartial operation of the public judicial service will be ensured. Principles of fair trial are guaranteed and access to justice, to effective remedies, is secured.