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Q 83. How should an enterprise deal with conflicting
requirements?
In some operating contexts, domestic laws, regulations or customs may require
(as against merely allowing for) enterprises to act in ways that are in conflict
with their responsibility to respect internationally recognized human rights.
Such requirements could for example be in relation to women’s rights, labour
rights or the right to privacy. This type of situation presents enterprises with a
dilemma when having both to comply with all applicable laws and also to meet
the responsibility to respect human rights in all contexts.
An enterprise’s human rights due diligence process should reveal where it
may be faced with this kind of dilemma and what measures could prevent or
mitigate the risk. If there is a direct conflict of requirements, the challenge is
to find ways of honouring the principles of internationally recognized rights.
As with other issues, there is no blueprint for how to respond. However, the
more an enterprise has embedded respect for human rights into its values and
the more it has prepared its personnel for ethical dilemmas, through training,
scenarios, lessons learned, decision trees and similar processes, the more likely
it will be able to identify appropriate and timely responses.
Understanding the exact nature, scope and implications of the conflicting
requirements is an important first step in identifying ways of addressing the
dilemma. It may be that local requirements are more ambiguous than first
thought or that the conflict is in some other way overstated. Recognizing this
may provide opportunities for mitigating the conflict. It may be possible to seek
clarification from the Government or local authorities about the scope of the
conflicting requirement and even to challenge it. This may both help reduce
risks to people and to the company, as well as signal to stakeholders the
commitment of the enterprise to respect human rights. It may also be possible
that others within the industry or country have approaches that mitigate the
harm to human rights which can be replicated. For example, some enterprises
operating in countries where freedom of association is restricted have
established parallel processes to engage with workers.
If an enterprise cannot find immediate or obvious solutions, it will be well
advised to engage with relevant expert stakeholders—including, where
possible, any groups or individuals whose rights may be affected by the
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