7.4.4 Conclusion on due diligence in human rights law

In sum, since the beginning of the 1990s, various international instruments have utilised the term ' due diligence' to qualify a State's legal duty to prevent human rights abuses. Various international human rights bodies have consistently followed the line that where a State does not undertake adequate action, it may be held internationally responsible for violations, also when they were committed by private parties. Furthermore, international courts have developed jurisprudence on positive obligations, which demonstrates that although the State obligation is not absolute, a State has to exercise 'due diligence' in preventing violations, protecting against them, and investigating, prosecuting and providing redress in the event of a breach. The term 'due diligence' also surfaced in the Commentary to the UN Draft Norms on the responsibility of companies regarding human rights, which was prepared by a working group of the former UN Sub-Commission on Promotion and Protection of Human Rights. Although the Draft Norms were not approved by the UNCHR, they can be considered the groundwork on which Ruggie proceeded with his framework.