Resources on Business and Human Rights
Recognized international human rights have traditionally been framed as creating duties and obligations for states under treaties and other instruments and elements of international human rights law. The main concern of human rights activists has generally been “vertical protection”, which refers to ensuring that individuals and groups are protected from, or receive required services and resources from, the state. Relatively little attention, if any, was paid to businesses’ responsibility for human rights. Many business ethicists were skeptical about whether businesses had any ethical responsibilities and noted that it was difficult and unfair to identify responsibilities in this area when the concept of human rights was so difficult to describe. Others clung to the traditional argument that states had the exclusive responsibility when it came to human rights and that the role of businesses should be confined to complying with the laws and regulations promulgated by states with respect to workplace conduct, use of natural resources and the like.
In recent years, however, the criticism of businesses that accompanied the globalization that dominated the last decades of the twentieth century has shifted more and more attention toward “horizontal protection”, which includes situations where individuals seek protection or services from non-state actors such as businesses, non-state armed groups, the media and other people, groups or institutions. For example, protecting women and children from violence in their homes, improving conditions for workers in factories, offices and other workplaces and reducing pollution from operations that is damaging the health of people living in surrounding communities must be addressed by strengthening horizontal protections and imposing higher human rights duties and responsibilities on businesses beyond simply complying with the domestic laws and regulations of the countries in which they had made an affirmative choice to operate. The pressure for holding businesses, as well as states, accountable for human rights duties and obligations was also exacerbated by highly publicized events such as the chemical gas leak at Union Carbide’s Bhopal pesticide plant in 1984 that killed thousands in India, the Exxon Valdez oil spill in 1989 and disclosures of child labor abuses among the supply chains of well-known global apparel and footwear companies and the complicity of Western mining, oil and gas companies in the violence by governmental security forces in developing countries.
The day-to-day operational activities and strategic decisions of businesses inevitably have an impact, both positive and negative, on one or more universally recognized human rights. On the positive side, businesses create jobs that provide workers and their families with a higher standard of living and the financial resources to pursue education and leisure and can take steps within their own direct control over their operations to make progress on fundamental human rights topics such as discrimination, sexual harassment, health and safety and privacy. Philanthropic activities of businesses can also support the efforts of states and other non-state actors (e.g., NGOs) to alleviate poverty and improving education and housing conditions. Businesses have been acknowledged and praised for the unique role that they play in society as the creators of wealth, sources of employment, deliverer of new technologies and the provider of basic needs.
At the same time, however, businesses, fixated on profits as the main and often seemingly exclusive goal and purpose of the enterprise, have repeatedly treated their workers poorly, engaged in dangerous or corrupt business activities, polluted the environment, developed and marketed products and services that cause harm to consumers and become involved in development projects that have displaced or marginalized communities. The concern about these negative impacts of business activities has increased as corporations themselves have grown in size to the point where many of them are larger than some nation states. Moreover, as states struggle to balance their own budgets and provide their citizens with services that are fundamental to many of the basic human rights, they are turning to business for assistance, a trend that raises further concerns about whether companies can assume and carry out these responsibilities in an ethical fashion with due respect for human rights.
Out of all this, three key questions have emerged and are being hotly debated by a wide range of stakeholders around the world in a variety of forums: what should be the appropriate scope of human rights duties and obligations for businesses and other non-state actors, how should those duties and obligations be formalized and what should be role of the state in enforcing the human rights duties and obligations imposed on businesses and non-state actors and how should that role be integrated into the existing international human rights framework (e.g., a treaty)? While it is certainly true that some businesses have no interest in being held accountable for the human rights impacts of their activities and will never voluntarily participate in the formulation of laws, regulations and standards that could be used to hold them responsible for their violations of human rights, it is also likely that progress toward viable formulations of the duties and responsibilities of businesses with respect to human rights is hampered by a lack of consensus among states, businesses, multi-governmental organizations, NGOs, community groups, human rights activists and other interested parties on how to frame and address key fundamental questions such as what are human rights; who should be responsible for human rights; and which human rights, if any, should businesses be responsible for and what should be the scope of that responsibility?
ADDITIONAL RESOURCES
Management Tools
BSR Rapid Human Rights Due Diligence Tool
Supplier Selection and Management (Slide Presentation)
Supplier Selection and Management (Business Counselor Update)
Slavery and Trafficking Risk Template
Books
Business and Human Rights Guidebook for NHRIs
Global Compact Guide to Supply Chain Sustainability
Global Compact Guide to Traceability
Guide for Integrating Human Rights into Management
How to Develop a Human Rights Policy
Human Rights Indicators in Development
Commodities Sector Guidance on UN Guiding Principles
Conducting an Effective Human Rights Impact Assessment
Corporate Human Rights Benchmark Methodology 2018
Corporate Responsibility to Respect Human Rights (Interpretive Guide)
Doing Business with Respect for Human Rights
Human Rights in Southeast Asia
Human Rights in Southeast Asia (Volume 2)
Human Rights in the Administration of Justice
IBA Practical Guide on Business and Human Rights (Reference Annex)
IBA Practical Guide on Business and Human Rights
OECD Due Diligence Guidance for Responsible Business Conduct
The Conflict Minerals Handbook
UNGP Reporting Framework (with Guidance)
UNGPHR Guide for Legal Profession
Chapters or Articles in Books
Introduction to International Human Rights Law
International Human Rights and Role of Legal Profession
Introduction to International Human Rights Standards
Articles in Journals
ABA Commitment to Human Rights
Business Ethics and Human Rights – An Overview
Industry-Specific MSIs on Human Rights
Papers
Business and Human Rights for Lawyers
HR Impact Assessment Guidance and Toolbox
Government and Other Public Domain Publications
2010 Human Rights Council Annual Report
2018 UN Working Group Due Diligence Report
Children’s Rights and Business Principles
Children’s Rights in Impact Assessments
Companion Note 1 to UN Working Group Diligence Report
Companion Note 2 to UN Working Group Diligence Report
Concept Note – Corporate Human Rights Due Diligence
Elements for Business and Human Rights Treaty
EU Study on Supply Chain Due Diligence
Frequently Asked Questions on ES&C Rights (Fact Sheet 33)
Guiding Principles on Business and Human Rights
Guidance on Conflict-Affected and High-Risk Areas
ILO Tripartite Declaration of Principles on MNEs and Social Policy
Universal Declaration of Human Rights
Online Articles
ABA Model Policies (Supply Chain)
Business and Human Rights – Community Complaints
Business and Human Rights – Customer Complaints
Business and Human Rights – Workers Complaints
Business and Human Rights Guide for Boards
Business and Human Rights Guide for Managers
Human Rights Benchmarks (White & Case)
IBA Guidance on Applying the UNGPHR
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