A/HRC/32/19
II. Private law claims by affected individuals and communities
Principles for assessing corporate legal liability
Policy objective 12: Domestic private law regimes that regulate the respect by business
enterprises of human rights (“domestic private law regimes”) are sufficiently robust to
ensure that there is both proper deterrence from and effective remedy in the event of
business-related human rights abuses.
12.1 Domestic private law regimes: (a) provide the necessary coverage with respect to
business-related human rights abuses; (b) ensure that there are causes of action for
business-related human rights abuses corresponding appropriately to the varying degrees of
severity and the different kinds of harm that can result from such abuse; and (c) are clear as
to whether and the extent to which they impose legal obligations on companies.
12.2 Domestic private law regimes apply principles for assessing corporate legal liability
that focus on the quality of corporate management and the actions, omissions and intentions
of individual officers or employees.
12.3 Domestic private law regimes communicate clearly the standards of management
and supervision expected of different corporate constituents of group business enterprises
with respect to the identification, prevention and mitigation of human rights impacts
associated with or arising from group operations, on the basis of their role and position
within the group business enterprise, and take proper account of the diversity of
relationships and linkages through which business enterprises may operate, including
equity-based and contract-based relationships.
12.4 Domestic private law regimes communicate clearly the standards of management
and supervision expected of business enterprises with respect to the identification,
prevention and mitigation of human rights impacts within their supply chains that a
business enterprise may cause or contribute to as a result of its policies, practices or
operations.
12.5 In the distribution of evidential burdens of proof between the claimant and the
defendant company, domestic private law regimes strike an appropriate balance between
considerations of access to remedy and fairness to all parties.
12.6 Corporate legal liability under domestic private law regimes is not contingent, in law
or in practice, upon a prior finding of corporate legal liability under any domestic public
law regime (e.g. a finding of corporate criminal liability or its functional equivalent).
12.7 Affected persons are not prevented, in law or in practice, from bringing a claim
because of an ongoing public law (e.g. criminal) investigation into the same set of facts as
the prospective private law claim.
12.8
Domestic private law regimes are clear as to their geographic scope.
12.9 The State regularly reviewsd whether its domestic private law regimes provide the
necessary coverage and the appropriate range of approaches with respect to business-related
human rights impacts in the light of evolving circumstances and the State’s obligations
under international human rights treaties, and takes the necessary legislative and/or policy
steps to correct any deficiencies in coverage or approach.
d
See A/HRC/32/19.Add.1, para. 5, box 1.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents