A/HRC/17/31
rights is distinct from issues of legal liability and enforcement, which remain defined
largely by national law provisions in relevant jurisdictions.
Depending on circumstances, business enterprises may need to consider additional
standards. For instance, enterprises should respect the human rights of individuals
belonging to specific groups or populations that require particular attention, where they
may have adverse human rights impacts on them. In this connection, United Nations
instruments have elaborated further on the rights of indigenous peoples; women; national or
ethnic, religious and linguistic minorities; children; persons with disabilities; and migrant
workers and their families. Moreover, in situations of armed conflict enterprises should
respect the standards of international humanitarian law.
13.
The responsibility to respect human rights requires that business enterprises:
(a)
Avoid causing or contributing to adverse human rights impacts through
their own activities, and address such impacts when they occur;
(b)
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.
Commentary
Business enterprises may be involved with adverse human rights impacts either through
their own activities or as a result of their business relationships with other parties. Guiding
Principle 19 elaborates further on the implications for how business enterprises should
address these situations. For the purpose of these Guiding Principles a business enterprise’s
“activities” are understood to include both actions and omissions; and its “business
relationships” are understood to include relationships with business partners, entities in its
value chain, and any other non-State or State entity directly linked to its business
operations, products or services.
14.
The responsibility of business enterprises to respect human rights applies to all
enterprises regardless of their size, sector, operational context, ownership and
structure. Nevertheless, the scale and complexity of the means through which
enterprises meet that responsibility may vary according to these factors and with the
severity of the enterprise’s adverse human rights impacts.
Commentary
The means through which a business enterprise meets its responsibility to respect human
rights will be proportional to, among other factors, its size. Small and medium-sized
enterprises may have less capacity as well as more informal processes and management
structures than larger companies, so their respective policies and processes will take on
different forms. But some small and medium-sized enterprises can have severe human
rights impacts, which will require corresponding measures regardless of their size. Severity
of impacts will be judged by their scale, scope and irremediable character. The means
through which a business enterprise meets its responsibility to respect human rights may
also vary depending on whether, and the extent to which, it conducts business through a
corporate group or individually. However, the responsibility to respect human rights applies
fully and equally to all business enterprises.
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