Mapping out due diligence in regional human rights law: Comparing case law of the European Court of Human Rights and the Inter-American Court of Human Rights

Medes Malaihollo*, Lottie Lane

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

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Abstract

In international human rights law, the notion of due diligence concerns a qualifier of behaviour to realize human rights protection, including the protection against non-state actor interferences. However, the question remains what due diligence obligations of states in the context of non-state actor interferences exactly entail in international human rights law. The present article aims to address this matter by comparing case law of the European Court of Human Rights (ECtHR) with that of the Inter-American Court of Human Rights (IACtHR). Using a working model of due diligence that has been introduced in recent scholarly work, this article further explores this model and attempts to give further meaning to its two paradigms: ‘regulation’ and ‘risk management’. In that way, it maps out the relevant elements of this foundational concept that lies at the heart of human rights protection
Original languageEnglish
JournalLeiden Journal of International Law
DOIs
Publication statusE-pub ahead of print - 29-Feb-2024

Keywords

  • due diligence
  • human rights law
  • ECtHR
  • IACtHR
  • non-state actors
  • regulation
  • risk management

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