Amicus Curiae Brief presented by
ClientEarth
21 November 2016
commentary accompanying the principle acknowledges that "this obligation exists
over and above compliance with national laws and regulations protecting human
rights". This means that despite the regulation of their operations and products at a
national level, under the Guiding Principles, the Carbon Majors are obliged to
address human rights impacts by taking "adequate measures for their prevention,
mitigation and where appropriate, remediation". Clearly, what constitutes adequate
measures is likely to be the subject of legitimate dispute. Although it may not be the
role of the Commission to define adequate measures, it may nevertheless exercise
its discretion to make findings and recommendations in relation to how the Carbon
Majors may demonstrate compliance with the Guiding Principles in the context of
climate change.
109.
Principle 13 sets out the core responsibilities of business enterprises to avoid
human rights impacts. It states that the responsibility to respect human rights
requires that business enterprises avoid causing or contributing to adverse human
rights impact through their own activities. Principle 14 notes that the severity of a
human rights impact will affect the means through which the business meets its
responsibility to respect human rights. The Interpretive Guide states that:
"the severity of a potential adverse human rights impact is the most important
factor in determining the scale and complexity of the processes the enterprise
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