A/HRC/30/20
These activities inform and lead into their engagement in regional and international human
rights reporting mechanisms, starting with engagement at the national level, through the
national consultations and report preparation, through the external aspect, and back to the
national level for the implementation phase. Their role in bringing cases at the national,
regional or international level is also important.
Measures regarding prevention of human rights abuses by private actors
21.
States generally have discretion in deciding upon the appropriate steps to prevent,
investigate, punish and redress private actors’ abuse. They should consider the full range of
permissible preventative and remedial measures, including policies, legislation, regulations
and adjudication.46 For example, with relation to discrimination against women, the
appropriate measures include the regulation of the activities of private actors with regard to
education, employment and health policies and practices, working conditions and work
standards, and other areas in which private actors provide services or facilities, such as
banking and housing (CEDAW/C/GC/28, para. 13).
22.
Importantly, States do not relinquish their international human rights law obligations
when they privatize the delivery of services 47 such as water and sanitation (A/HRC/15/31),
education (A/69/402) or powers of arrest or detention.48 States should ensure that they can
effectively oversee the enterprises’ activities, including through the provision of adequate
independent monitoring and accountability mechanisms.
23.
Concomitantly to State obligations, the Guiding Principles on Business and Human
Rights49 set out the elements which business enterprises should follow in order to meet their
corporate responsibility to respect human rights. First, they must institute a policy
commitment to meet the responsibility to respect. Second, they must undertake ongoing
human rights due diligence to identify, prevent, mitigate and account for their human rights
impact, and be prepared to communicate their commitment and actions externally,
including to those groups likely to be affected by their operations. As operations, context
and impact may change, a business enterprise should periodically reassess its potential or
actual impact on all human rights. Business enterprises should also seek to prevent or
mitigate any adverse impact that is directly linked to their operations, products or services
through their business relationships. Finally, they must have processes in place to enable
remediation for any adverse human rights impact to which they cause or contribute.
B.
The role of human rights education
24.
Human rights education contributes to the prevention of human rights violations and
conflict, and to the enhancement of participation in decision-making processes within a
democratic system.50 It should be intended as a lifelong and participatory process
developing knowledge, skills and attitudes which prompt behaviour to defend and promote
human rights. In this sense, it empowers rights-holders to claim their rights, and develops
the capacity of those with power and responsibility (duty-bearers), such as the police,
46
47
48
49
50
Guiding Principle 1 on Business and Human Rights.
Ibid., Guiding Principle 5 and commentary.
Human Rights Committee General Comment No. 35, para. 8.
See also “The Corporate Responsibility to Respect Human Rights – An Interpretive Guide” (OHCHR,
2012).
United Nations Declaration on Human Rights Education and Training, para. 2; A/HRC/27/28,
paras. 1–9.
9
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