I. The State’s duty to protect human rights
States must protect against human rights abuse within their territory and/or
jurisdiction by third parties, including business enterprises. This requires taking
appropriate steps to prevent, investigate, punish and redress such abuse
through effective policies, legislation, regulations and adjudication.
States should set out clearly the expectation that all business enterprises
domiciled in their territory and/or jurisdiction respect human rights throughout
their operations.
II. The corporate responsibility to respect human rights
Business enterprises should respect human rights. This means that they should
avoid infringing on the human rights of others and should address adverse
human rights impacts with which they are involved.
The responsibility of business enterprises to respect human rights refers to
internationally recognized human rights – understood, at a minimum, as those
expressed in the International Bill of Human Rights and the principles
concerning fundamental rights set out in the International Labor Organization’s
Declaration on Fundamental Principles and Rights at Work.
The responsibility to respect human rights requires that business enterprises:
a) Avoid causing or contributing to adverse human rights impacts
through their own activities, and address such impacts when they
occur;
b) Seek to prevent or mitigate adverse human rights impacts that are
directly linked to their operations, products or services by their
business relationships, even if they have not contributed to those
impacts.
The responsibility of business enterprises to respect human rights applies to
all enterprises regardless of their size, sector, operational context, ownership
and structure. Nevertheless, the scale and complexity of the means through
which enterprises meet that responsibility may vary according to these factors
and the severity of the enterprise’s adverse human rights impacts.
In order to meet their responsibility to respect human rights, business
enterprises should have in place policies and processes appropriate to their
size and circumstances, including:
a) A policy commitment to meet their responsibility to respect human
rights;
b) A human rights due diligence process to identify, prevent, mitigate
and account for how they address their impacts on human rights;
c) Processes to enable the remediation of any adverse human rights
impacts they cause or to which they contribute.
III. Access to remedy
As part of their duty to protect against business-related human rights abuse,
States must take appropriate steps to ensure, through judicial, administrative,
legislative or other appropriate means, that when such abuses occur within
their territory and/or jurisdiction those affected have access to effective
remedy.
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