Discussion
Petitioners assert that the investor-owned Carbon Majors must be held to account. We cite
the following as grounds for this assertion:
1. The corporate responsibility to respect human rights is articulated in the UN Guiding
Principles on Business and Human Rights,57 which reflect norms and standards on the
responsibility of corporate actors.
The Guiding Principles explicitly call on companies to respect human rights.58 As stated
in the Guiding Principles, corporate responsibility to respect human rights is not optional—it
arises from a global standard of expected conduct that is often reflected in national laws and
regulations.59 The Guiding Principles set forth a number of foundational and operational
principles concerning the corporate responsibility to respect human rights. Specifically,
foundational Principles 11 and 12 are relevant to the Carbon Majors and the impacts of their
global operations:
Foundational Principle 11: Business enterprises should respect
human rights. This means that they should avoid infringing on the
human rights of others and should address adverse human rights
impacts with which they are involved; and
Foundational Principle 12: The responsibility of business
enterprises to respect human rights refers to internationally
recognized human rights.60
These Principles recognize that the corporate responsibility to respect human rights
applies to virtually the entire spectrum of internationally recognized human rights, including
those expressed in the “Universal Declaration of Human Rights and the main instruments
through which it has been codified: the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights, coupled with the principles
concerning fundamental rights in the eight ILO core conventions as set out in the Declaration on
Fundamental Principles and Rights at Work.”61
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57
Guiding Principles, supra note 24.
International Bar Association Climate Change and Human Rights Task Force Report, Achieving Justice and
Human Rights in an Era of Climate Disruption, July 2014, at 147-153,
http://www.ibanet.org/PresidentialTaskForceCCJHR2014 (accessed on Apr. 20, 2016).
59
Guiding Principles, supra note 24, at principle 11 at 13. See Sharan Burrow, Sharan Burrow’s Speech to the 2014
United Nations Forum on Business and Human Rights, Dec. 2, 2014, http://www.ituc-csi.org/sharan-burrow-sspeech-to-the-2014?lang=en (last accessed June 16, 2015).
60
Guiding Principles, supra note 24, at principles 11-12 at 13-14.
61
Id. at 14.
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