obligates all governments to ensure human rights protection for their citizens, especially for the
marginalized groups. UNGP was endorsed by the Human Rights Council on 16 June 2011.
The UN Guiding Principles on Business and Human Rights has three pillars:
1. The State’s duty to protect human rights
The State must protect its citizens, especially the marginalized, against business-related
abuse within their territory and/or jurisdiction. This can be done through effective
policies, legislation, regulation and adjudication.
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)
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