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of these processes will vary according to the size of the enterprise, as well as its
sector, operational context, ownership and structure. The single most important
factor, however, in determining the processes needed will be the severity of its
human rights impact. The commentary to Guiding Principle 14 sets out these
distinctions more fully, while Guiding Principle 24 explores further the concept
of “severity”.
Q 29. Why should human rights due diligence be “ongoing”?
Human rights due diligence is intended to help an enterprise know and show
that it respects human rights throughout its operations and over time, including
when there are changes in its operations or operating contexts. It therefore
requires ongoing or iterative processes, rather than a one-off undertaking,
except where those operations and contexts do not change significantly.
Q 30. What is the role of stakeholder engagement?
Human rights due diligence is about people. It reflects the entitlement of every
human being to be treated with dignity. It therefore involves relationships—
between an enterprise and those on whom it may have an impact.
Hence, the key to human rights due diligence is the need to understand the
perspective of potentially affected individuals and groups. Where possible and
appropriate to the enterprise’s size or human rights risk profile, this should
involve direct consultation with those who may be affected or their legitimate
representatives, as discussed further under Guiding Principle 18.
Q 31. What capacity does an enterprise need to conduct human
right due diligence?
There is no single answer to this question. If an enterprise does not meet
its responsibility to respect human rights, this implies risk to the enterprise
as well as risk to people. As with any other risk, the enterprise needs to
allocate the necessary internal capacity in order to manage it effectively.
This should be commensurate with the enterprise’s human rights risk profile.
For a small enterprise with limited human rights risks, it will likely be a task
that can be allocated to an existing member of staff, requiring a limited
amount of his or her time. For an enterprise with significant human rights
risks, proportionately more dedicated staff time as well as budget resources
will be required.
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