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Human rights due diligence is not a single prescriptive formula. Enterprises of
different sizes, in different industries, with different corporate structures and in
different operating circumstances will need to tailor their processes to meet those
needs. However, the key elements of human rights due diligence—assessing,
integrating and acting, tracking, and communicating—when taken together
with remediation processes, provide the management of any enterprise with
the framework it needs in order to know and show that it is respecting human
rights in practice.
Q 27. What should the scope of human rights due diligence be?
As the Guiding Principles state, human rights due diligence “should cover
adverse human rights impacts that the business enterprise may cause or
contribute to through its own activities, or which may be directly linked to its
operations, products or services by its business relationships”. See Guiding
Principle 13 for more on these three possible forms of involvement in adverse
human rights impact.
The focus of due diligence is on identifying and addressing the relevant impact
on human rights, i.e., that which is connected to the enterprise’s own activities
and to its business relationships. Consequently, these activities and business
relationships set the scope of human rights due diligence.
“Business relationships”, as defined in the Guiding Principles, refer to the
relationships an enterprise has with “business partners, entities in its value
chain, and any other non-State or State entity directly linked to its business
operations, products or services”. When looking at business relationships, the
focus is not on the risks the related party poses to human rights in general, but
on the risks that it may harm human rights in connection with the enterprise’s
own operations, products or services.
Q 28. How can size and other characteristics affect an
enterprise’s human rights due diligence process?
Human rights due diligence is necessary for any enterprise to know and show
that it is respecting human rights in practice. It will need to include all the
elements set out in this Guiding Principle: assessing actual and potential human
rights impact, integrating and acting upon the findings, tracking responses, and
communicating how impact is addressed. However, the scale and complexity
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