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A17: The Operational Principles, drawing from the Foundational Principles
set out specific expectations and duties of States, often distinguishing
contexts and circumstances.
Q18: Please elaborate . . . .
A18: (a) Principle 11 states that businesses “should respect human rights” by
“avoid[ing] infringing on the human rights of others and” addressing
any “adverse human rights impacts with which they are involved.”
Could you please explain what this means in practice and the
relevance of this principle in the context of climate change?
Principle 11 is set out as a Foundational Principle and so general in
character. The primary object of this principle is to affirm the wellsettled standard of behavior in business that the purpose of all business
is not to do harm and so in the conduct of their activities, they have this
responsibility to avoid causing harm.
Some of the practical implications are set out in the Operational
Principles of the Guiding Principles including (a) the commitment at
the highest level to respect human rights, (b) undertaking human rights
due diligence to identify and avoid potential adverse impacts – the socalled principle of ‘knowing and showing’ and (c) providing remedy in
the event of adverse harm.
These lessons are transferrable and applicable in the context of climate
change with the expectation that companies should avoid causing
adverse human rights harm by causing, contributing or being linked to
climate change. They can do so by undertaking due diligence in order
to ‘know and show’ that they have avoided all risks of adverse human
rights harms in their activities. Climate change poses serious risks to
all human rights and so causing, contributing to or being linked to
climate change violates human rights, including the rights to life,
liberty, food, housing and sanitation, water, freedom of movement,
health, labour rights, slavery, cultural rights. This can be especially
acute on particular communities and groups including children, women,
indigenous peoples, people with disabilities, minorities, migrants and
older persons.
(b) Principle 12 explains that rights that must be respected by all
businesses include, at minimum, the rights recognized in the
International Bill of Rights (UDHR, ICCPR, ICESCR) and the
principles concerning fundamental rights set out in the International
Labour Organization’s Declaration on Fundamental Principles and
Rights at Work.
Could you please explain what this means in practice and the
relevance of this principle in the context of climate change?