"[T]he positive obligations on States Parties to ensure Covenant rights will only be fully discharged if individuals are protected by the State, not just against violations of Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of Covenant rights in so far as they are amenable to application between private persons and entities. There may be circumstances in which a failure to ensure Covenant rights as required by article 2 would give rise to violations by States Parties of those rights, as a result of States Parties' permitting or failing to take appropriate measures or to exercise due diligence to prevent, punish, investigate or redress the harm caused by such acts by private persons or entities."
DocumentUN (CCPR): General Comment No. 31: Nature of the General Legal Obligation on States Parties to the Covenant, para. 8
- All are equal before the law, and laws should be equally enforced.
- Necessary steps to give effect to human rights include a requirement to prevent, punish, investigate, or redress violations of human rights by non-state actors.
- Necessary steps to give effect to human rights include an obligation to regulate violations of human rights by non-state actors.