Guiding Principles
on Business
and Human Rights
PRINCIPLE 3: ACCESS TO REMEDY
REMDIATION
Enterprise identify their adverse impacts and should cooperate in remediation through legitimate process.
As a part of state duty to protect against business related human rights abuse the must take appropriate steps to ensure.
Access to the effective Remedy
states should take aproppiate steps to ensure rthe effectiveness of domestic judicial mecanism.
reduce legal practical and other relevant barriers
those barriers could lead to a denial access to remedy
Support directly impacted by analyzing practices
the mechanism prevent harms from compounding and grievances from escalating.
Collaborative initiatives should ensure the availability of effective mechanism.
Effectiveness criteria for non judicial grievance mechanism.
OPERATIONAL PRINCIPLE
Companies should provide effective and appropriate non-judicial grievance
mechanisms, alongside judicial mechanisms,
Companies should consider ways to facilitate access to effective non State based
grievance mechanisms dealing with business-related human
rights harms
Company Business should participate
in effective operational level grievance mechanisms for individuals and communities who may be adversely impacted
States’ existing obligations to respect, protect and fulfil human rights and
fundamental freedoms
The need for rights and obligations to be matched to appropriate and
effective remedies when breached.
THE ROLL OF COMPANIES and requirements to comply with all applicable laws and to
respect human rights
PRINCIPLE 2.1: THE CORPORATE RESPONSIBILITY TO RESPECT
HUMAN RIGHTS
ADDITIONALLY THE COMPANY MUST have in place policies and processes appropriate to
their size and circumstances
OPERATIONAL PRINCIPLES
is approved by the senior level of business enterprise, informed by expertise stipulates HR expectations of personnel partners and operations, finally is reflected in procedures
Basis for embedding their responsibility to respect human rights,
business enterprises should express their commitment to meet this
responsibility through a statement of policy
Is informed by relevant internal and/or external expertise.
Stipulates the enterprise’s human rights expectations of personnel,
business partners and other parties directly linked to its operations
Is publicly available and communicated internally and externally.
to all personnel,
Is reflected in operational policies and procedures necessary to
embed it throughout the business enterprise.
HUMAN RIGHTS DUE DILIGENCE
IDENTIFY HR RISK INTEGRATE, INTERNATIONAL LAW STANDARDS.
TRACK RESPONSE COMMUNICATE (INTERNALLY AND EXTERNALLY )
PREVENT, MITIGATE AND COMPENSATE
Recognizing that the human rights risks may
change over time as the business enterprise’s operations and
operating context evolve
TO ADRESSES HR IMPACTS
Involve meaningful consultation with potentially affected groups
and other relevant stakeholders
The business if causes or contributes to an
adverse impact, or whether it is involved solely because the
impact is directly linked to its operations
Be based on appropriate qualitative and quantitative indicators
Provide information that is sufficient to evaluate the adequacy of
an enterprise’s response to the particular human rights impact
involved
Effective integration requires that:
Responsibility for addressing such impacts is assigned to the
appropriate level and function within the business
Remediation
IF Business identify that they have caused or
contributed to adverse impacts, they should provide for or cooperate in
their remediation through legitimate processes.
PRINCIPLE 1: THE STATE DUTY TO PROTECT HUMAN RIGHTS
Basically this principle states that companies MUST protect against human rights abuse within their territory or jurisdiction by third parties.
OBLIGATIONS TO PROTECT HUMAN RIGHTS
Create the appropriate steps to prevent, investigate, punish such abuse through effective policies, legislation, regulations
and adjudication.
DUE TO PROTECT STATE SHOULD
ENFORCE AND ENSURE THE DUTIES THAT AIMED TO ENTERPRISE TO RESPECT HR.
Provide and encourage an effective guidance to enterprise on how to respect HR and address impacts.
HUMAN RIGHTS IN CONFLICT AREAS
PROVIDE ASSISTANCE TO ASESS LEGISLATIONS AND REGULATIONS TO ENFORCE MEASURE HR RISK.
Encourage, and where appropriate require, business enterprises to communicate how they address their human rights impacts
Promote respect for human rights by business enterprises
with which they conduct commercial transactions.
Ensuring policy coherence
Should ensure that governmental departments, agencies and
other State based institutions that shape business practices are aware
of and observe the State’s human rights obligations when fulfilling
their respective mandates
PRINCIPLE 2.0: THE CORPORATE RESPONSIBILITY TO RESPECT
HUMAN RIGHTS
COMPANIES MUST
Avoid Infringing on the human rights of others and third parties.
To respect human rights refers to internationally recognized human rights : this includes to avoid ANY causing or contributing to adverse human rights impacts
through their OWN ACTIVITIES.
All enterprises regardless of their Size, sector, operational context,have to respect human rights.
ownership and structure.
issues of context
Comply with laws and respect international HR
Seek ways to honor the principles when faced conflicting requirements
Prioritize actions to address potential Human rights impacts before they could become irremediable.
Treat the risk of causing or contributing to Gross human rights abuses.
Processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute.