Part I The human rights of women and girls • The State could have acted to prevent the violation and did not do so, or • The State failed to respond to the violation (for example, by investigating and prosecuting offenders to the required standard of “due diligence”), or • The State failed to provide victims with access to remedies. Certain treaties will sometimes place specific obligations on States with regard to violations that are a result of private conduct. In such cases, the State will be held responsible when it fails to meet that obligation, as well as when it fails on one of the grounds set out above. For example, in addition to addressing public acts of discrimination, CEDAW requires States parties to take concrete steps to “eliminate discrimination against women by any person, organization or enterprise”.48 States parties are also required to take steps to “modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women”.49 Both these obligations require States to directly engage with the conduct and attitudes of individuals and private entities that have a negative impact on women and their rights.50 51 THE NATURE OF STATE PARTY RESPONSIBILITY UNDER CEDAW51 States parties have an obligation not to cause discrimination against women through acts or omissions; they are further obliged to react actively against discrimination against women, regardless of whether such acts or omissions are perpetrated by the State or by private actors. Discrimination can occur through the failure of States to take necessary legislative measures to ensure the full realization of women’s rights, the failure to adopt national policies aimed at achieving equality between women and men and the failure to enforce relevant laws. Article 2 is not limited to the prohibition of discrimination against women caused directly or indirectly by States parties. Article 2 also imposes a due diligence obligation on States parties to prevent discrimination by private actors. In some cases, a private actor’s acts or omission of acts may be attributed to the State under international law. States parties are thus obliged to ensure that private actors do not engage in discrimination against women as defined in the Convention. The appropriate measures that States parties are obliged to take include the regulation of the activities of private actors with regard to education, employment and health policies and practices, working conditions and work standards, and other areas in which private actors provide services or facilities, such as banking and housing. 48 Article 2(e). 49 Article 5(a). 50 For determinations of the CEDAW Committee concerning State party obligations in relation to private actors see, for example: A.T. v. Hungary; Communication No. 2/2003, views adopted 26 January 2005; Goekce (deceased) v. Austria, Communication No. 5/2005, views adopted 6 August 2007; and Jallow v. Bulgaria, Communication No. 32/2011, views adopted 23 July 2012. 51 CEDAW Committee; General Recommendation No. 28, 2010, paras. 10 and 13 Chapter 2: The international legal framework around women’s and girls’ human rights | 21