A/HRC/17/31
To enable business enterprises to assess their human rights impacts accurately, they should
seek to understand the concerns of potentially affected stakeholders by consulting them
directly in a manner that takes into account language and other potential barriers to
effective engagement. In situations where such consultation is not possible, business
enterprises should consider reasonable alternatives such as consulting credible, independent
expert resources, including human rights defenders and others from civil society.
The assessment of human rights impacts informs subsequent steps in the human rights due
diligence process.
19.
In order to prevent and mitigate adverse human rights impacts, business enterprises
should integrate the findings from their impact assessments across relevant internal
functions and processes, and take appropriate action.
(a)
Effective integration requires that:
(i)
Responsibility for addressing such impacts is assigned to the
appropriate level and function within the business enterprise;
(ii)
Internal decision-making, budget allocations and oversight
processes enable effective responses to such impacts.
(b)
Appropriate action will vary according to:
(i)
Whether the business enterprise causes or contributes to an
adverse impact, or whether it is involved solely because the impact is
directly linked to its operations, products or services by a business
relationship;
(ii)
The extent of its leverage in addressing the adverse impact.
Commentary
The horizontal integration across the business enterprise of specific findings from assessing
human rights impacts can only be effective if its human rights policy commitment has been
embedded into all relevant business functions. This is required to ensure that the assessment
findings are properly understood, given due weight, and acted upon.
In assessing human rights impacts, business enterprises will have looked for both actual and
potential adverse impacts. Potential impacts should be prevented or mitigated through the
horizontal integration of findings across the business enterprise, while actual impacts—
those that have already occurred – should be a subject for remediation (Principle 22).
Where a business enterprise causes or may cause an adverse human rights impact, it should
take the necessary steps to cease or prevent the impact.
Where a business enterprise contributes or may contribute to an adverse human rights
impact, it should take the necessary steps to cease or prevent its contribution and use its
leverage to mitigate any remaining impact to the greatest extent possible. Leverage is
considered to exist where the enterprise has the ability to effect change in the wrongful
practices of an entity that causes a harm.
Where a business enterprise has not contributed to an adverse human rights impact, but that
impact is nevertheless directly linked to its operations, products or services by its business
relationship with another entity, the situation is more complex. Among the factors that will
enter into the determination of the appropriate action in such situations are the enterprise’s
leverage over the entity concerned, how crucial the relationship is to the enterprise, the
severity of the abuse, and whether terminating the relationship with the entity itself would
have adverse human rights consequences.
18
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