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foreseeability of human rights violations

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6 - Applying the Due Diligence Framework to the Field of Human Rights Protection
Maria Monnheimer
Book:

Due Diligence Obligations in International Human Rights Law

Published online:

05 February 2021

Print publication:

18 February 2021, pp 204-257
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Summary

The sixth chapter applies the analytical framework for due diligence obligations to the field of human rights protection. The individual components of due diligence obligations are analyzed with regard to the specific risks and problems of human rights law. It addresses how knowledge of human rights risks can be established, how resource constraints alter human rights obligations in times of conflict and economic recession, and what reasonable measures of protection are required. Conclusions from the previous chapter are consulted in order to decide whether due diligence concepts and methods developed in other fields of international law might be fruitfully applied to the area of human rights protection. When analyzing the application of human rights due diligence obligations though, the chapter will also reveal that the implementation of such obligations is often hampered where states lack sufficient capacities to effectively regulate and control harmful non-state conduct.