5 A17: The Operational Principles, drawing from the Foundational Principles set out specific expectations and duties of States, often distinguishing contexts and circumstances. Q18: Please elaborate . . . . A18: (a) Principle 11 states that businesses “should respect human rights” by “avoid[ing] infringing on the human rights of others and” addressing any “adverse human rights impacts with which they are involved.” Could you please explain what this means in practice and the relevance of this principle in the context of climate change? Principle 11 is set out as a Foundational Principle and so general in character. The primary object of this principle is to affirm the wellsettled standard of behavior in business that the purpose of all business is not to do harm and so in the conduct of their activities, they have this responsibility to avoid causing harm. Some of the practical implications are set out in the Operational Principles of the Guiding Principles including (a) the commitment at the highest level to respect human rights, (b) undertaking human rights due diligence to identify and avoid potential adverse impacts – the socalled principle of ‘knowing and showing’ and (c) providing remedy in the event of adverse harm. These lessons are transferrable and applicable in the context of climate change with the expectation that companies should avoid causing adverse human rights harm by causing, contributing or being linked to climate change. They can do so by undertaking due diligence in order to ‘know and show’ that they have avoided all risks of adverse human rights harms in their activities. Climate change poses serious risks to all human rights and so causing, contributing to or being linked to climate change violates human rights, including the rights to life, liberty, food, housing and sanitation, water, freedom of movement, health, labour rights, slavery, cultural rights. This can be especially acute on particular communities and groups including children, women, indigenous peoples, people with disabilities, minorities, migrants and older persons. (b) Principle 12 explains that rights that must be respected by all businesses include, at minimum, the rights recognized in the International Bill of Rights (UDHR, ICCPR, ICESCR) and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. Could you please explain what this means in practice and the relevance of this principle in the context of climate change?

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