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3. The OECD Guidelines for Multinational Corporations
The OECD Guidelines for Multinational Corporations is a multilaterally agreed
and comprehensive code of responsible business conduct that governments have
committed to promoting. Its human rights chapter was drawn from the UNGPBHR and thereby similarly provides that enterprises should:
1. Respect human rights, which means they should avoid infringing
on the human rights of others and should address adverse human
rights impacts with which they are involved.
2. Within the context of their own activities, avoid causing or
contributing to adverse human rights impacts and address such
impacts when they occur.
3. Seek ways to prevent or mitigate adverse human rights impacts
that are directly linked to their business operations, products or
services by a business relationship, even if they do not contribute
to those impacts.
4. Have a policy commitment to respect human rights.
5. Carry out human rights due diligence as appropriate to their size,
the nature and context of operations and the severity of the risks
of adverse human rights impacts.
6. Provide for or co-operate through legitimate processes in the
remediation of adverse human rights impacts where they identify
that they have caused or contributed to these impacts.414
B. Responsibility in the Context of Climate Change
1. Application of the UNGP-BHR
The corporate responsibility to respect human rights includes the responsibility
to avoid causing or contributing to adverse human rights impacts through harm
to the environment and our climate system.415 Employing the foundational and
414
OECD Guidelines, supra note 341.
415
Framework Principles on Human Rights and the Environment, supra note 354.
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