Based on the general regulatory and policy functions (GP 3) in the UNGP, when the State enacts
laws and policies, it should:
● Enforce and review laws that require businesses to respect human rights;
● Ensure laws and policies governing businesses enable respect for human rights;
● Provide guidance for companies; and
● Encourage or require businesses to communicate how they address human
rights impact.
2. Corporate responsibility to respect human rights
All transnational companies and business enterprises must ‘know and show’ respect for human
rights through exercising human rights due diligence. In exercising human rights due
diligence, businesses should assess the impacts of their operations and policies. After
assessment, businesses should take necessary steps to prevent, cease or mitigate
impacts. They should also be able to provide remedy to those who are affected by their
operations.
Also included in the Human Rights Due Diligence framework are: tracking and monitoring to
ensure that businesses do not violate human rights; and communication and reporting,
particularly when affected stakeholders raise concerns.
3. Access to remedy
Victims of human rights violations brought about by businesses should have access to effective
remedies. Access to remedy is itself a human right.
Access to remedy can be through judicial and non-judicial means. State-based judicial means
would be through the judicial courts. State-based non-judicial mechanisms can be
remedies through the help of institutions such as the Commission on Human Rights
(CHR). Non-state-based grievance mechanisms can be financial institutions, export
credit agencies and multi-sector stakeholders. They have a strong influence because
they can give or remove financial support to businesses if they do not fulfill their
responsibility to respect human rights.
The UNGP includes special mention to women and children in its statement of principles:
● Under Pillar 1: States should provide guidance to business on considering issues of
vulnerability, including the specific challenges faced by women and children.
● Under Pillar 2: Business should respect human rights of specific groups of
populations requiring particular attention – including women and children.
Universal Declaration of Human Rights (UDHR)
UDHR, a document signed by representatives from all regions of the world, provides the
fundamental human rights that everyone must enjoy. The Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948 (un.org).
Article 8 of UDHR states that “Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted him by the constitution or
by law” (un.org). Given this provision, it should be ensured that all human rights victims of
business operations shall receive an appropriate and effective remedy to rectify the human
rights abuses that they experience.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
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