6
Due diligence
Due diligence has been defined as “such a measure of prudence, activity, or
assiduity, as is properly to be expected from, and ordinarily exercised by,
a reasonable and prudent [person] under the particular circumstances; not
measured by any absolute standard, but depending on the relative facts of
the special case”.4 In the context of the Guiding Principles, human rights due
diligence comprises an ongoing management process that a reasonable and
prudent enterprise needs to undertake, in the light of its circumstances (including
sector, operating context, size and similar factors) to meet its responsibility to
respect human rights.
Gross human rights abuses
There is no uniform definition of gross human rights violations in international
law, but the following practices would generally be included: genocide,
slavery and slavery-like practices, summary or arbitrary executions, torture,
enforced disappearances, arbitrary and prolonged detention, and systematic
discrimination. Other kinds of human rights violations, including of economic,
social and cultural rights, can also count as gross violations if they are grave
and systematic, for example violations taking place on a large scale or targeted
at particular population groups.
Human rights and international crimes
Some of the most serious human rights violations may constitute international
crimes. International crimes have been defined by States under the Rome
Statute of the International Criminal Court. They are genocide (“acts committed
with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group”), crimes against humanity (widespread and systematic attacks
against civilians that include murder, enslavement, torture, rape, discriminatory
persecution, etc.), war crimes (as defined by international humanitarian law)
and the crime of aggression.
Human rights risks
A business enterprise’s human rights risks are any risks that its operations may
lead to one or more adverse human rights impacts. They therefore relate to its
4
Black’s Law Dictionary, 6th ed. (St. Paul, Minnesota, West, 1990).