o seek to prevent or mitigate adverse human rights impacts that are directly
linked to their operations, products or services by their business relationships,
even if they have not contributed to those impacts.”
Principle 13 should be interpreted to require that the respondent companies use
appropriate means equivalent to the scale of the risks to human rights from climate
change in order to reduce their emissions in order to meet their responsibility to
respect human rights.
Principle 14 - “The responsibility of business enterprises to respect human rights
applies to all enterprises regardless of their size, sector, operational context,
ownership and structure.”
Principles 15 & 16 - To meet their human rights responsibilities, businesses should
implement policies and processes appropriate for their size and circumstances, so as
to safeguard human rights in all aspects of their operation.
Principle 17 - Businesses should also carry out human rights due diligence, which
includes “assessing actual and potential human rights impacts, integrating and acting
upon the findings, tracking responses, and communicating how impacts are
addressed.”
Principle 22 - Where businesses “identify that they have caused or contributed to
adverse impacts, they should provide for or cooperate in their remediation through
legitimate processes.”311
Principles 15 through 17 of the UNGPs require enterprises to have policy commitments
to reducing their impacts on human rights, a due diligence process, and processes to enable
remediation. Amici emphasize that conducting due diligence is not merely a mechanical process.
The due diligence process fuses two conceptually distinct processes, one is an investigation of
facts, and the other is an evaluation of the facts in light of the relevant standards of care. Properly
conducted due diligence requires the investigator to use his or her informed and reasoned
judgement to actively investigate, assess, and respond to areas of known or potential risk. 312
“Because the hard and soft laws governing corporate human rights responsibilities are evolving,
respecting the letter and spirit of international human rights is the appropriate standard of care to
apply in human rights due diligence.” 313
Principles 16 to 22 set out the operational requirements and, in the context of climate
change, mean that companies should:
a) Acknowledge, in their statement of policy created under Principle 16, the effect of
climate change on the exercise of human rights now and in the future;
b) Include climate change as a human rights issue in human rights due diligence
undertaken in accordance with Principle 17;
c) Identify and assess the specific human rights impacts of climate change arising
from their operations and products, drawing on human rights expertise, and
311
ClientEarth brief at ¶ 51.
Amicus Curiae Brief submitted by Center for International Environmental Law (CIEL), at pgs. 9-10,
https://business-humanrights.org/sites/default/files/documents/CHR-NI-20160001%20CIEL%20Opinion%2010.2.17.R.pdf [hereinafter CIEL brief].
313
CIEL brief, at pgs. 8-9. See also Mark Taylor, Luc Zandvliet & Mitra Forouhar, Due Diligence for Human
Rights: A Risk-Based Approach 3 (Corporate Social Responsibility Initiative, Working Paper No. 53, Oct. 2009).
312
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