Journal Citation:
21(2) European Journal of International Law, 341-385 (2010)
This article discusses States' general
obligations under international human
rights law to protect individuals from
abuses committed by third parties. The
article argues that the scope of the
State's duty to protect from third-party
harm depends on the relation between the
State and the third-party, as well as the
type of harm. The article specifically
addresses the responsibility of States to
protect women from private acts of
violence, an obligation that is described
as both extensive and disjointed. The
article thus proposes a generalized
framework for State bystander
responsibility, whereby the State is
required to take certain measures to
restrain third-party abusers. The
framework is based on the State's
relationship with the abuser and the
nature of harm, both of which are
discussed in detail. The article also
discusses the use of this framework to
determine the scope of States' obligations
in situations of widespread gender-based
violence.