As discussed in the Interpretive Guide, all businesses must not only comply with national
laws and regulations incorporating international human rights standards, but also with a global
standard of conduct:
In many cases the responsibility of enterprises to respect human
rights is reflected at least in part in domestic law or regulations
corresponding to international human rights standards….The
responsibility to respect human rights is not, however, limited to
compliance with such domestic law provisions. It exists over and
above legal compliance, constituting a global standard of expected
conduct applicable to all businesses in all situations. It therefore
also exists independently of an enterprise’s own commitments for
human rights.62
Corporate responsibility to respect human rights is also recognized in cases involving the
violation of the environmental rights brought against corporate entities, among other private
individuals and entities, in accordance with the Philippine Rules of Procedure for Environmental
Cases. The adjunct rights to a balanced and healthful ecology and to health guaranteed by our
Constitution are included in the complete concept of human rights based on the exchange
between Commissioners Bennagen and Nolledo during the deliberations of the 1986
Constitutional Convention and their importance is explained in Oposa v. Factoran.!
2. The investor-owned Carbon Majors have breached their responsibilities to respect the
rights of Filipino people and communities by directly or indirectly contributing to current
or future adverse human rights impacts through the extraction and sale of fossil fuels and
activities undermining climate action.
With respect to the manner in which companies should respect these rights, Foundational
Principle 13 of the Guiding Principles provides that business enterprises are required to:
(a) Avoid causing or contributing to adverse human rights impacts
through their own activities, and address such impacts when they
occur; [and]
(b) Seek to prevent or mitigate adverse human rights impacts that
are directly linked to their operations, products or services by their
business relationships, even if they have not contributed to those
impacts.63
As such, there are three scenarios in which a company can be responsible for adverse
impacts on human rights: (1) it may cause impacts through its own activities; (2) it may
contribute to impacts through its own activities, either directly or through some outside entity
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62
63
Interpretive Guide, supra note 25, at 13-14. .
Guiding Principles, supra note 24, principle 13 at 14.
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