Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions 2.7. NON-TREATY INSTRUMENTS FOCUSING ON THE RIGHTS OF WOMEN Not all international instruments relevant to the rights of women are legally enforceable treaties. Declarations, final documents of international conferences, United Nations resolutions, the findings of human rights treaty bodies and the reports of the special procedures are all important sources of guidance for Governments. As “soft law” these instruments also help contribute to the development of new legal norms and standards. They are not directly binding in themselves but they have persuasive or moral authority. Further, they may affect the interpretation of binding treaties and so they can, in some instances, acquire indirect binding status. Soft law is important in several areas that directly touch upon the issues raised in this Manual. For example, CEDAW does not mention “violence against women” as such. As explained in Chapter 10, it is through a resolution of the General Assembly and a general recommendation of the CEDAW Committee that violence against women has been explicitly recognized as a form of discrimination against women and, as such, a violation of women’s human rights. Another example is the right to a remedy. While the right to a remedy for violations of international human rights law is widely recognized, it has been given detailed and explicit guidance through several instruments that have been adopted as resolutions of the General Assembly, such as the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power46 and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.47 Outcome documents of major world conferences have also informed and influenced global understanding of women’s human rights. For example, the concept of reproductive rights that emerged from the International Conference on Population and Development has been critically important in shaping and reflecting international consensus on reproductive rights (see Chapter 9), while the 1995 Beijing Declaration and Platform for Action, adopted at the Fourth World Conference on Women, set out a comprehensive understanding of violence against women and recognized the particular vulnerabilities of women belonging to minorities. 2.8. HOW ARE STATES HELD RESPONSIBLE FOR VIOLATIONS OF THE HUMAN RIGHTS OF WOMEN? International human rights law is directed primarily at States as they are responsible for promoting and protecting the rights of all people within their jurisdictions. States can be directly responsible for violations of women’s human rights. The torture of women in detention, for example, or passing a law preventing women from owning or inheriting property on an equal basis with men are acts undertaken by the State for which the State is legally responsible. However, many violations of women’s human rights are committed by individuals and private entities. Companies and business owners discriminate against women in the workplace. Criminals sexually assault women, force them into prostitution and exploit their labour. Men beat their partners and entire communities may be involved in the perpetuation of harmful practices, such as forced marriage. States do not escape responsibility for such violations. This is because international law places on States very specific obligations to protect, respect and fulfil human rights. In short, the State will generally be held responsible for a harmful outcome if it can be shown that: 20 46 General Assembly resolution 40/34. 47 General Assembly resolution 60/147.