Amicus Curiae Brief presented by
ClientEarth
21 November 2016
needs to have in place in order to know and show that it is respecting human
rights".84
110.
In the context of climate change, the impacts of which are likely to have extremely
severe adverse effects on human rights in the Philippines, those business
enterprises that release significant quantities of greenhouse gasses should use
equivalent appropriate means to meet their responsibility to respect human rights.
111.
Principle 15 of the Guiding Principles sets out the operational principles that
businesses are expected to meet in order to implement the foundational principles,
specifically, the obligations to have a statement of policy commitment, a human
rights due diligence process and processes to enable remediation. The Interpretive
Guide states that "respecting human rights is not a passive responsibility: it requires
action on the part of businesses". In the context of climate change, compliance with
the requirements of this principle requires businesses to have:
a. a policy commitment to meet their responsibility to respect those human rights
that are being and will be infringed by climate change;
b. a due diligence process to identify, prevent, mitigate and account for how they
address the impacts of their greenhouse gas emissions on human rights; and
c. processes to enable the remediation of the adverse human rights impacts of
climate change.
84
See note 66 at p 19.
53
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