77 Q 81. Why does this matter? The responsibility to respect human rights applies in all contexts. It is a uniform standard, reflecting its roots in the universal expectation that enterprises should not harm the dignity of people as they go about their business. This provides predictability for both enterprises and their stakeholders. However, the human rights risks related to an enterprise’s activities and business relationships will often vary depending on the specific contexts in which it operates. Those contexts may pose particular challenges or dilemmas for enterprises in their efforts to meet the responsibility to respect human rights, for example when local requirements appear to compel a business to act in a manner that is contrary to internationally recognized human rights. Enterprises need to be prepared with a basic “compass” for when they find themselves in such situations, since, by definition, there will be no easy or standard answers. Q 82. How does legal compliance relate to respect for human rights? Enterprises recognize that their social responsibilities begin with legal compliance. The responsibility to respect human rights is itself often reflected— at least in part—in laws and regulations. The concept of legal compliance requires enterprises to comply with national laws and regulations protecting human rights even if the capacity of the State to enforce such laws effectively is weak. However, the responsibility to respect human rights extends beyond compliance with national laws and regulations protecting human rights and entails respect for all internationally recognized human rights. It therefore also applies where there are no national laws and regulations to protect these rights. For the same reason, where national laws and regulations offer a level of human rights protection that falls short of internationally recognized human rights standards, enterprises should operate to the higher standard. In sum, the responsibility to respect human rights, as a global standard expected of all enterprises in all situations, provides clarity and predictability for enterprises facing differing expectations and demands. It also means that enterprises should not take advantage of operating environments that provide insufficient protection for human rights to lower their own standard of conduct.

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