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directly or indirectly—on virtually the entire spectrum of these rights. Even rights
such as the right to a fair trial, which is clearly directed at States, can be
adversely affected if, for example, an enterprise obstructs evidence or interferes
with witnesses. In practice, some rights will be more relevant or salient than
others in particular industries and circumstances, and companies will pay more
attention to them. For example, the human rights risks that are most salient for
enterprises in the apparel sector with products made by workers in factories
across several countries, will differ from those of enterprises in the extractive
sector that have to relocate an indigenous community. But there is nothing in
principle that precludes any enterprise from causing or contributing to adverse
impact on any internationally recognized human right. It is therefore not
possible to limit the application of the responsibility to respect human rights to
a particular subset of rights for particular sectors.
Q 6. What does “avoid infringing” human rights mean?
This means that enterprises can go about their activities, within the law, so
long as they do not cause harm to individuals’ human rights in the process. For
example, if a factory or a mine pollutes the water source of the surrounding
communities so that people do not have the same access to safe drinking water
as before, it has infringed on the enjoyment of the right to safe drinking water.
Or, if an enterprise evicts a community without due process, consultation and
compensation, it will infringe the right to adequate housing.
Q 7. Is the responsibility to respect human rights optional for
business enterprises?
No. In many cases the responsibility of enterprises to respect human rights
is reflected at least in part in domestic law or regulations corresponding to
international human rights standards. For instance, laws that protect people
against contaminated food or polluted water, or that mandate workplace
standards in line with the ILO conventions and safeguards against discrimination,
or that require individuals’ informed consent before they take part in drug
trials, are all different ways in which domestic laws can regulate the behaviour
of enterprises to help ensure that they respect human rights.
The responsibility to respect human rights is not, however, limited to compliance
with such domestic law provisions. It exists over and above legal compliance,
constituting a global standard of expected conduct applicable to all businesses