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Q 81. Why does this matter?
The responsibility to respect human rights applies in all contexts. It is a uniform
standard, reflecting its roots in the universal expectation that enterprises should
not harm the dignity of people as they go about their business. This provides
predictability for both enterprises and their stakeholders. However, the human
rights risks related to an enterprise’s activities and business relationships will
often vary depending on the specific contexts in which it operates. Those
contexts may pose particular challenges or dilemmas for enterprises in their
efforts to meet the responsibility to respect human rights, for example when local
requirements appear to compel a business to act in a manner that is contrary to
internationally recognized human rights. Enterprises need to be prepared with
a basic “compass” for when they find themselves in such situations, since, by
definition, there will be no easy or standard answers.
Q 82. How does legal compliance relate to respect for human
rights?
Enterprises recognize that their social responsibilities begin with legal
compliance. The responsibility to respect human rights is itself often reflected—
at least in part—in laws and regulations. The concept of legal compliance
requires enterprises to comply with national laws and regulations protecting
human rights even if the capacity of the State to enforce such laws effectively
is weak.
However, the responsibility to respect human rights extends beyond compliance
with national laws and regulations protecting human rights and entails respect
for all internationally recognized human rights. It therefore also applies where
there are no national laws and regulations to protect these rights. For the same
reason, where national laws and regulations offer a level of human rights
protection that falls short of internationally recognized human rights standards,
enterprises should operate to the higher standard.
In sum, the responsibility to respect human rights, as a global standard
expected of all enterprises in all situations, provides clarity and predictability
for enterprises facing differing expectations and demands. It also means that
enterprises should not take advantage of operating environments that provide
insufficient protection for human rights to lower their own standard of conduct.
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