Positive Obligations and Gender-based Violence: Judicial Developments

This article addresses the recent shift towards finding States responsible for gender-based violence perpetrated by non- State actors. Using recent cases in the areas of domestic violence, sexual assault and reproductive violations, the article demonstrates that international judicial bodies are beginning to view gender-based violence in the private sphere as a human rights violation. The article analyzes recent articulations of States' positive obligations, namely the State's obligation to exercise due diligence to prevent, investigate and remedy VAW. The article also canvasses various international human rights treaties that address VAW, considering, in particular, States' obligations to respect the rights to equality and non-discrimination.