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INTRODUCTION
In June 2011, the United Nations Human Rights Council endorsed the Guiding
Principles on Business and Human Rights presented to it by the Special
Representative of the United Nations Secretary-General, Professor John Ruggie.
This move established the Guiding Principles as the global standard of practice
that is now expected of all States and businesses with regard to business and
human rights. While they do not by themselves constitute a legally binding
document, the Guiding Principles elaborate on the implications of existing
standards and practices for States and businesses, and include points covered
variously in international and domestic law.
THE UNITED NATIONS “PROTECT, RESPECT AND REMEDY” FRAMEWORK
The Guiding Principles are based on six years of work by the former Special
Representative, including in-depth research; extensive consultations with
businesses, Governments, civil society, affected individuals and communities,
lawyers, investors and other stakeholders; and the practical road-testing of
proposals. They were developed to put into operation the “Protect, Respect and
Remedy” Framework presented by the Special Representative to the United
Nations in 2008. This three-pillar Framework consists of:
• The State duty to protect human rights
• The corporate responsibility to respect human rights
• The need for greater access to remedy for victims of business-related abuse.
The United Nations High Commissioner for Human Rights welcomed the
“Protect, Respect and Remedy” Framework, which set:
“both a new and clear benchmark and represents an important milestone
in the evolving understanding of human rights in our societies... Clarity
about the baseline expectations of business with regard to human rights
is a first important step towards developing appropriate and effective
responses to such problems”.1
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Navanethem Pillay, “The corporate responsibility to respect: a human rights milestone”,
International Labour and Social Policy Review (2009).