81 and businesses. Additionally, “some of the measures that have already been adopted include binding legal and policy requirements, with penalties for non-compliance.”396 i. Foundational Principles of the Corporate Responsibility to Respect The corporate responsibility to respect human rights, as the second pillar of the UNGP-BHR, implements the preambular proclamation in the UDHR that every individual and every organ of society shall strive by progressive measures to secure the universal and effective recognition and observance of human rights.397 To this end, its foundational principles expound on the parameters of this corporate responsibility, stating first that all business enterprises should respect human rights.398 These rights, at a minimum, refer to internationallyrecognized human rights, as expressed in the International Bill of Rights and the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.399 To respect these human rights, business enterprises, including every entity within their value chains under a theory of enterprise liability, must: a) avoid contributing to adverse human rights impacts, and address them when they occur; and b) seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services.400 Such is required of all business enterprises, regardless of size, sector, operational context, ownership, and structure.401 To meet this responsibility, business enterprises should have appropriate policies and processes, including: a) a policy commitment to meet their responsibility to respect human rights; b) a human rights due-diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights; and c) processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute.402 396 John Ruggie, Life in the Global Public Domain: Response to Commentaries on the UN Guiding Principles and the Proposed Treaty on Business and Human Rights, SSRN (2015), available at http:// dx.doi.org/10.2139/ssrn.2554726. 397 UDHR, supra note 140, Preamble. 398 UNGP-BHR, supra note 313 (Principle 11). 399 Id. (Principle 12). 400 Id. (Principle 13). 401 Id. (Principle 14). 402 Id. (Principle 15).

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