65
The UNGP-BHR provides that States must fulfill their duty to protect human rights by
creating laws, policies, and regulations to ensure that businesses respect human rights and
refrain from committing abuses. States must provide effective judicial and non-judicial
remedies for victims who seek accountability for abuses by businesses, thus:
The State duty to protect is a standard of conduct. Therefore, States
are not per se responsible for human rights abuse by private actors.
However, States may breach their international human rights law
obligations where such abuse can be attributed to them, or where they
fail to take appropriate steps to prevent, investigate, punish and redress
private actors’ abuse. While States generally have discretion in deciding
upon these steps, they should consider the full range of permissible
preventive and remedial measures, including policies, legislation,
regulations and adjudication. States also have the duty to protect
and promote the rule of law, including by taking measures to ensure
equality before the law, fairness in its application, and by providing for
adequate accountability, legal certainty, and procedural and
legal transparency.316
The UNGP-BHR provides that States should set out a clear expectation that all business
enterprises domiciled in their territory must respect human rights.317 This expectation
should cover all aspects of business operations. This may involve requiring corporations
to fully disclose their global operations, including the operations of their subsidiaries.318
Thus, States should provide guidance to business enterprises on how to respect human rights,
and to encourage compliance, States should enforce laws that require enterprises to do so.319
Whenever States contract with or legislate for business enterprises to provide services that
may impact the enjoyment of human rights, States should exercise adequate oversight in
order to meet their international human rights obligations.320
Enterprises have a responsibility to respect human rights under the UNGP-BHR. States
must operationalize how enterprises are to meet the requirements for fulfilling the said
responsibility. This may be comprised of regulations requiring enterprises to put in place
policies and processes that include: (a) a commitment to meet their responsibility to respect
human rights; (b) a human rights due diligence process to identify, mitigate and account
316
Id. at 6 (Commentary on Principle 1, emphasis supplied).
317
Id. (Principle 2).
318
Id. (Commentary on Principle 2; Principle 3 (d) Encourage, and where appropriate require, business
enterprises to communicate how they address their human rights impacts).
319
Id. (Principle 3 (a)).
320
Id. (Principle 5).
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