64 involves taking positive actions that encourage, enable, or provide essential services and infrastructure to facilitate the enjoyment of fundamental human rights.311 The abovementioned duty necessarily includes that of regulating the conduct of non-State actors. Article 2, paragraph 1 of the ICCPR provides that: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The United Nations Human Rights Committee state that this obligation can only be fully satisfied if individuals were also protected from abuses by non-State actors.312 The obligation to protect human rights from the abuses of non-State actors is made especially significant by the global expansion of private enterprises, which highlights the impact of businesses on human rights.313 On 21 March 2011, the United Nations issued the Guiding Principles on Business and Human Rights (UNGP-BHR),314 providing a framework on business and human rights built on three pillars: (1) the State duty to protect human rights; (2) the corporate responsibility to respect human rights; and (3) the imperative of providing access to remedies for victims of human rights violations and abuses. The UNGP-BHR did not create new State obligations, but codified existing standards and practices for States and businesses, elaborated their implications, and integrated them within a “single, logically coherent and comprehensive template.”315 v. The State of the Netherlands, ILDC 2456 (NL 2015), 24 June 2015, par. 5.3.3 311 International Human Rights Law: Nature of Obligations, supra note 308. 313 United Nations Human Rights Council, Report of the Special Representative of the SecretaryGeneral on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, John Ruggie, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, U.N. Doc. A/HRC/17/31 (2011) [hereinafter UNGP-BHR]. 314 Id. 315 Id. at 5. 312 United Nations Human Rights Committee, General Comment No. 31: The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, U.N. Doc. No. CCPR/C/21/ Rev.1/Add.13 (2004), para. 8.

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