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