A/HRC/4/35
page 14
40.
Where the treaty bodies discuss corporate responsibilities, it is unclear whether they
regard them as legal in nature. The most recent general comment of the Committee on
Economic, Social and Cultural Rights (CESCR) on the right to work, for example, recognizes
that various private actors “have responsibilities regarding the realization of the right to work”,
that private enterprises - national and multinational - “have a particular role to play in job
creation, hiring policies and non-discriminatory access to work”.36 But then, in the same
comment, the Committee appears to reiterate the traditional view that such enterprises are “not
bound” by the Covenant. Similarly, the most recent general comment of the Human Rights
Committee (HRC) concludes that the treaty obligations “do not … have direct horizontal effect
as a matter of international law” - that is, they take effect as between non-State actors only under
domestic law.37
41.
In short, the treaties do not address direct corporate legal responsibilities explicitly, while
the commentaries of the treaty bodies on the subject are ambiguous. However, the increased
attention the Committees are devoting to the need to prevent corporate abuse acknowledges that
businesses are capable of both breaching human rights and contributing to their protection.38
42.
On purely logical grounds, a stronger argument could be made for direct corporate
responsibilities under the ILO core conventions: their subject matter addresses all types of
employers, including corporations; corporations generally acknowledge greater responsibility for
their employees than for other stakeholders; and the ILO’s supervisory mechanism and
complaints procedure specify roles for employer organizations and trade unions. But logic alone
does not make law, and the legal responsibilities of corporations under the ILO conventions
remain indirect.
43.
At the regional level there is greater diversity. The African Charter on Human and
Peoples’ Rights is unusual because it imposes direct duties on individuals, but opinions vary on
their effect and whether they apply to groups, including corporations. Expert commentary
suggests that the Inter-American Court of Human Rights may have moved away from the
traditional view when it recognized that non-discrimination “gives rise to effects with regard to
third parties”, including in private employment relationships, “under which the employer must
respect the human rights of his workers”.39 The Inter-American Commission on Human Rights
36
CESCR, general comment No. 18, para. 52. For similar remarks see CESCR, general
comments No. 14, para. 42 and 12, para. 20. See also CRC, general comment No. 5, para. 56,
which says that the State duty to respect “extends in practice” to non-State organizations.
37
HRC, general comment No. 31, para. 8.
38
Additionally, Security Council panels that assess the effectiveness of sanctions have
specifically considered the role of corporations in violations.
39
Juridical Condition and Rights of the Undocumented Migrants, Advisory
Opinion OC-18, 17 September 2003, paras. 100 and 146,
http://www.corteidh.or.cr/docs/opiniones/seriea_18_ing.doc.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents