48. Accordingly, and in the context of the obligation to guarantee rights and the duty to adopt provisions of domestic law derived from Articles 1(1) and 2 of the American Convention, the Court emphasizes that States have a duty to prevent human rights violations by private companies, and therefore must adopt legislative and other measures to prevent such violations, and to investigate, punish and provide reparation when they occur. Thus, States must establish regulations requiring companies to implement actions aimed at ensuring respect for the human rights recognized in the various instruments of the Inter-American System for the Protection of Human Rights –including the American Convention and the Protocol of San Salvador- especially in relation to hazardous activities. Under these regulations, businesses must ensure that their activities do not cause or contribute to human rights violations, and must adopt measures to redress such violations. The Court considers that corporate responsibility is applicable regardless of the size or sector of the company; however, their responsibilities may vary in the legislation based on the activity and the risk they pose to human rights. 47 49. In addition, this Court considers that, in pursuit of the aforementioned purposes, States should adopt measures to ensure that business enterprises have: a) appropriate policies for the protection of human rights; b) due diligence processes for the identification, prevention and correction of human rights violations, as well as to ensure decent and dignified work; and c) processes that allow businesses to remedy human rights violations that result from their activities, especially when these affect people living in poverty or belonging to vulnerable groups. 48 The Court considers that, in this context, States should actively encourage businesses to adopt good corporate governance practices that focus on stakeholders and actions aimed at orienting business activity towards compliance with human rights and standards, including and promoting the participation and commitment of all the stakeholders involved, and the redress of affected persons. 50. The Court also recalls that Article 25 (1) of the American Convention establishes that “[e]veryone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention […].” 49 Thus, States must ensure the existence of judicial or extrajudicial mechanisms that provide an effective remedy for human rights violations. In this sense, States have the obligation to eliminate existing legal and administrative barriers that limit access to justice, and adopt those aimed at achieving its effectiveness. The Court emphasizes the need for States to address cultural, social, physical or financial barriers that prevent access to judicial or extrajudicial mechanisms for persons belonging to groups in situations of vulnerability. 50 47 Cf. Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect, Remedy” Framework, supra, principles 1-14; Inter-American Commission on Human Rights. Report on Business and Human Rights: Inter-American Standards, REDESCA, November 1, 2019, paras. 89 and 121, and Inter-American Juridical Committee. Resolution “Corporate social responsibility in the area of human rights and the environment in the Americas” CJI/RES. 205 (LXXXIV-O/14); and Inter-American Juridical Committee. Guidelines concerning Corporate Social Responsibility in the Area of Human Rights and the Environment in the Americas, February 24, 2014, CJI/doc.449/14 rev.1., corr. 1, points a and b. 48 Cf. Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect, Remedy” Framework, supra, principles 15-24. 49 115. Cf. Case of Velásquez Rodríguez v. Honduras, supra, para. 91, and Advisory Opinion OC-27/21, supra, para. Cf. Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect, Remedy” Framework, supra, principles 25-31. 50 18

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