A/HRC/17/31
performance of laggards. Cooperation between States, multilateral institutions and other
stakeholders can also play an important role.
These Guiding Principles provide a common reference point in this regard, and could serve
as a useful basis for building a cumulative positive effect that takes into account the
respective roles and responsibilities of all relevant stakeholders.
II.
The corporate responsibility to respect human rights
A.
Foundational principles
11.
Business enterprises should respect human rights. This means that they should avoid
infringing on the human rights of others and should address adverse human rights
impacts with which they are involved.
Commentary
The responsibility to respect human rights is a global standard of expected conduct for all
business enterprises wherever they operate. It exists independently of States’ abilities
and/or willingness to fulfil their own human rights obligations, and does not diminish those
obligations. And it exists over and above compliance with national laws and regulations
protecting human rights.
Addressing adverse human rights impacts requires taking adequate measures for their
prevention, mitigation and, where appropriate, remediation.
Business enterprises may undertake other commitments or activities to support and promote
human rights, which may contribute to the enjoyment of rights. But this does not offset a
failure to respect human rights throughout their operations.
Business enterprises should not undermine States’ abilities to meet their own human rights
obligations, including by actions that might weaken the integrity of judicial processes.
12.
The responsibility of business enterprises to respect human rights refers to
internationally recognized human rights – understood, at a minimum, as those
expressed in the International Bill of Human Rights and the principles concerning
fundamental rights set out in the International Labour Organization’s Declaration on
Fundamental Principles and Rights at Work.
Commentary
Because business enterprises can have an impact on virtually the entire spectrum of
internationally recognized human rights, their responsibility to respect applies to all such
rights. In practice, some human rights may be at greater risk than others in particular
industries or contexts, and therefore will be the focus of heightened attention. However,
situations may change, so all human rights should be the subject of periodic review.
An authoritative list of the core internationally recognized human rights is contained in the
International Bill of Human Rights (consisting of the Universal Declaration of Human
Rights and the main instruments through which it has been codified: the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights), coupled with the principles concerning fundamental rights in the eight
ILO core conventions as set out in the Declaration on Fundamental Principles and Rights at
Work. These are the benchmarks against which other social actors assess the human rights
impacts of business enterprises. The responsibility of business enterprises to respect human
13
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