Submission in Support of Petitioners
Case No. CHR-NI-2016-0001
judicial and other redress mechanisms.”138 Further reinforcing the idea that courts
and other tribunals should exercise jurisdiction over disputes involving climaterelated human rights violations caused by non-state actors, OHCHR has
recommended that civil society “bring appropriate actions to human rights
mechanisms and courts to flesh out State and business obligations related to
climate change.”139
The core international human rights treaties do not directly address the
obligations of private parties to respect human rights, but there are some emerging
standards for non-state actors that countries are beginning to incorporate into
domestic law, and that are under active discussion in international fora. These
standards are set forth in the UN Guiding Principles on Business and Human
Rights (the “Ruggie Principles”), proposed by UN Special Representative John
Ruggie and endorsed by the UN Human Rights Council in June 2011. 140 The
Ruggie Principles provide guidance to countries on how to fulfill their obligations
in this context, and principles that are directly applicable to private actors. The
foundational principles for private actors include:
1. Businesses should respect human rights by avoiding infringing on the human
rights of others and addressing any adverse human rights impacts with which
they are involved.
2. The rights that must be respected by businesses include, at minimum, the
rights recognized in the International Bill of Rights (UDHR, ICCPR,
ICESCR) and the principles concerning fundamental rights set out in the
International Labour Organization’s Declaration on Fundamental Principles
and Rights at Work.
3. To meet their human rights responsibilities, businesses should implement
policies and processes appropriate for their size and circumstances, so as to
safeguard human rights in all aspects of their operation.
138
OHCHR, Draft Summary of Recommended Actions on Human Rights and Climate Change from
OHCHR Expert Meeting of 6-7 October, ¶¶ 49, 54 (2016).
139
Id. ¶ 48 (emphasis added). See also id. ¶ 56 (“the courts should promote business accountability” with
respect to climate-related harms).
140
UNHRC Res. 17/4, Human Rights and Transnational Corporations and Other Business Enterprises,
UN Doc. A/HRC/Res/17/4 (July 6, 2011).
Sabin Center for Climate Change Law, Columbia Law School
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