A/HRC/11/13 page 7 rights requires protection by States against other social actors, including business, who impede or negate those rights. Guidance from international human rights bodies suggests that the State duty to protect applies to all recognized rights that private parties are capable of impairing, and to all types of business enterprises.21 14. The State duty to protect is a standard of conduct, and not a standard of result. That is, States are not held responsible for corporate-related human rights abuse per se, but may be considered in breach of their obligations where they fail to take appropriate steps to prevent it and to investigate, punish and redress it when it occurs.22 Within these parameters, States have discretion as to how to fulfil their duty. The main human rights treaties generally contemplate legislative, administrative and judicial measures. The treaty bodies have recommended to States such measures as adopting anti-discrimination legislation governing employment practices; consulting with communities before approving mining and logging projects; monitoring and addressing the human rights impacts of such projects; and encouraging businesses to develop codes of conduct that include human rights. 15. The extraterritorial dimension of the duty to protect remains unsettled in international law. Current guidance from international human rights bodies suggests that States are not required to regulate the extraterritorial activities of businesses incorporated in their jurisdiction, nor are they generally prohibited from doing so provided there is a recognized jurisdictional basis, and that an overall test of reasonableness is met. Within those parameters, some treaty bodies encourage home States to take steps to prevent abuse abroad by corporations within their jurisdiction.23 16. There are also strong policy reasons for home States to encourage their companies to respect rights abroad, especially if a State itself is involved in the business venture - whether as owner, investor, insurer, procurer, or simply promoter. Such encouragement gets home States out measures to “eliminate” abuse by private “enterprises”. The International Convention on the Elimination of All Forms of Racial Discrimination requires that States parties “shall prohibit and bring to an end … racial discrimination by any persons, group or organization”. The Convention on the Elimination of All Forms of Discrimination against Women requires States parties “to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise”. In the International Covenant on Economic, Social and Cultural Rights, States parties undertake “to take steps … achieving progressively the full realization of rights”, while its rights-specific provisions, such as those dealing with labour, refer to States “ensuring” those rights. 21 See A/HRC/8/5/Add.1 for a summary of the Special Representative’s research on the United Nations human rights treaties and treaty body commentaries. 22 Corporate acts may be directly attributed to States in some circumstances, for example where a State exercises such close control that the company is its mere agent. 23 E.g. CERD/C/USA/CO/6 (2008), para. 30; CESCR general comment 19 (2008), para. 54.

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