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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