(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; ), imposes a duty on each Party to ensure an effective remedy to any person whose rights or freedoms are violated, whether or not by persons acting in an official capacity. Further, as far as the definition of Torture is involved, the Human Rights Committee in its General Comment No 20 on art 7 of the ICCPR stated that: "It is the duty of the State party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity." The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Under Article 2 (e) States undertake "all appropriate measures to eliminate discrimination against women by any person, organization or enterprise". The CEDAW supervising Commission further stated that: "Discrimination under the Convention is not restricted to action by or on behalf of Governments ... Under general international law and specific human rights Covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence and for providing compensation. ( ...)" Article 4(c) of the UN Declaration on the Elimination of Violence Against Women obliges states to "[E]xercise due diligence to prevent, investigate and in accordance with national legislation, punish acts of violence against women whether those acts are perpetrated by the State or by private persons" 42 56 Article 2, 3, 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms establish a positive obligation on the State (including through legislative means). Article 1 of the American Convention provides that "the States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, colour, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition". 43 Velasquez-Rodriguez's case para 166 × 166. The second obligation of the States Parties is to "ensure" the free and full exercise of the rights recognized by the Convention to every person subject to its jurisdiction. This obligation implies the duty of States Parties to organize the governmental apparatus and, in general, all the structures through which public power is exercised, so that they are capable of juridically ensuring the free and full enjoyment of human rights. As a consequence of this obligation, the States must prevent, investigate and punish any violation of the rights recognized by the Convention and, moreover, if possible attempt to restore the right violated and provide compensation as warranted for damages resulting from the violation. 44 In general, see The Dutch Branches of Amnesty International and Pax Christi International, Multinational Enterprises and Human Rights, Utrecht, November 1998, chapter III, www.paxchristi.nl/mne.html (15 January 2002). Although any complete set of peremptory human rights has not been agreed upon, discussions frequently mention: genocide, crimes against humanity, piracy, torture, slavery, and war crimes. See e.g. Bassiouni, "The Sources and Content of International Criminal Law: A Theoretical Framework", in M. Cherif Bassiouni, International Criminal Law (2 ed.), vol. I, 3-125, at 41, and Ian Seiderman, Hierarchy in International Law: The Human Rights Dimension, 2001, Intersentia - Hart, at 66-121. 45 Scott, Craig / Hart / In: Torture as Tort : Comparative Perspectives on the Development of Transnational Human Rights Litigation / ed. by Craig Scott, ISBN 1841130605 / 2001, pp. 47-48. 46 Social and Economic Rights Action Center and the Center for Economic and Social Rights/Nigeria. 35