New working papers on business and human rights

Two new working papers discuss the contents of the state duty to protect against business-related human right abuses and how companies should assess the human rights impacts of their activities. The papers are part of Matters of Concern – a working paper series where researchers present new and emerging research on human rights.

In the new working paper, The State duty to protect against business-related human rights abuses – Unpacking pillar 1 and 3 of the UN Guiding Principles on Business and Human Rights, Senior Researcher at the Danish Institute for Human Rights, Stéphanie Lagoutte, dissects the United Nations’ Guiding Principles on Business and Human rights (UNGPs), which were unanimously endorsed by the Human Rights Council in March 2011, and outline the duties and responsibilities of states and businesses vis-à-vis human rights.

The paper explores and unpacks the human rights duties of the state when dealing with business enterprise activities. It identifies systematically actual human rights obligations, recommendations, challenges, good practices and opportunities to advance the understanding and implementation of the UNGPs.

“The State has a clear obligation to ensure that private actors such as business enterprises do not infringe upon human rights of individuals. In doing so, the state has a wide range of options. The state may for example pass a law which makes it mandatory for business enterprises to report on human rights impacts of their business activities. Mandatory reporting may apply equally to all types of companies or only to some companies depending, for example, on their activities or their size”, Stéphanie Lagoutte explains.

The paper also explores thewide range of actions which is also at the disposal of the state to discharge its obligation to secure access to remedy for victims of business-related human rights abuses.

Assessing the human rights impacts of private sector projects

In the second working paper, Human rights and impact assessment – Conceptual and practical considerations in the private sector context, Nora Götzmann, Advisor in the Human Rights and Development Department of the Danish Institute for Human Rights, discusses the topic of human rights and impact assessment in the private sector context.

Whilst the UNGPs set out the expectation that businesses assess their human rights impacts, they do not specify precisely how this should be done, or what essential features might be required for such an assessment to ensure that it is consistent with international human rights standards and principles. As such, there is a need for the business and human rights community to build further knowledge, understanding and practice in the area of human rights and impact assessment:

“The aim of this paper is to share thoughts, experiences and ideas with others in the business and human rights community, with the view of engaging in dialogue and improving our understanding of human rights impacts and impact assessment practice”, Nora Götzmann explains.