{"id":6285,"date":"2019-01-24T12:52:32","date_gmt":"2019-01-24T11:52:32","guid":{"rendered":"https:\/\/legaltree.nl\/corporate-liability-for-human-rights-the-un-guiding-principles-on-business-and-human-rights\/"},"modified":"2021-08-04T16:28:50","modified_gmt":"2021-08-04T14:28:50","slug":"corporate-liability-for-human-rights-the-un-guiding-principles-on-business-and-human-rights","status":"publish","type":"post","link":"https:\/\/legaltree.nl\/en\/corporate-liability-for-human-rights-the-un-guiding-principles-on-business-and-human-rights\/","title":{"rendered":"Corporate liability for human rights: the UN Guiding Principles on Business and Human Rights"},"content":{"rendered":"

If a corporation abuses employees, is accused of labour trafficking, complicit in gross human rights abuses by local governments, complicit\u00a0in human rights violations while installing pipelines through villages or complicit in pollution, it should be held responsible. The question is\u00a0whether human rights laws also apply to these companies.<\/p>\n

Some argue that international law only applies between states, or that human rights obligations apply only to states, and that the UN Principles cannot create legal obligations for companies. However, this view can no longer be credibly maintained. There is a growing acceptance that international human rights treaties create obligations \u2013 at least indirectly \u2013 on companies and that the UN Guiding Principles on Business and Human Rights<\/a> can be used as a standard. <\/p>\n

The UN Guiding Principles on Business and Human Rights are the work of John Ruggie, former UN Secretary-General\u2019s Special Representative for Business and Human Rights. The principles are non-legally binding, but aim to establish a global standard for addressing the adverse human rights impact of corporate activity. Ruggie has built a frame-work of three pillars: \u2018 Protect, Respect and Remedy\u2019. These are: <\/p>\n

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  1. The state’s duty to protect human rights;<\/li>\n
  2. the corporate responsibility to respect human rights;<\/li>\n
  3. the need for greater access to remedy – both judicial and non-judicial – for victims of business-related abuse.<\/li>\n<\/ol>\n

    The UN principles were endorsed by the UN Human Rights Council<\/a> in June 2011. See also unglobalcompact.org<\/a> and the American Bar Association in February 2012. They have also been incorporated into the OECD Guidelines for Multinational Enterprises, the International Organisation for Standardisation (ISO) 26000<\/a> guidance on social\u00a0responsibility for companies, the sustainability policy of the International Finance Corporations and the\u00a0European Commission’s new corporate social responsibility strategy.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/p>\n

    The UN Principles are applicable to all governments and to all businesses in all situations. It sets forth basic, minimal business obligations regarding human rights. They reaffirm that states still bear the primary responsibility for promoting and protecting human rights, but recognize that transnational corporations and other businesses, as organs of society (and collections of individuals), carry responsibilities as well. It is understood that the human rights are \u2013 at a minimum \u2013 those expressed in the International Bill of Human Rights<\/a> and the principles concerning fundamental rights set out in the International Labour Organisation\u2019s Declaration on Fundamental Principles and Rights at Work<\/a>.<\/p>\n

    The responsibility to respect human rights requires that business enterprises:<\/p>\n