E/C.12/GC/24
advances within the International Labour Organization 12 and within regional organizations
such as the Council of Europe.13 In adopting the present general comment, the Committee
has considered the Guiding Principles on Business and Human Rights endorsed by the
Human Rights Council in 2011,14 as well as the contributions made to this issue by human
rights treaty bodies and various special procedures. 15
II. Context and scope
3.
For the purposes of the present general comment, business activities include all
activities of business entities, whether they operate transnationally or their activities are
purely domestic, whether they are fully privately owned or State-owned, and regardless of
their size, sector, location, ownership and structure.
4.
In certain jurisdictions, individuals enjoy direct recourse against business entities for
violations of economic, social and cultural rights, whether in order to impose on such
private entities (negative) duties to refrain from certain courses of conduct or to impose
(positive) duties to adopt certain measures or to contribute to the fulfilment of such rights. 16
There are also a large number of domestic laws designed to protect specific economic,
social and cultural rights, that apply directly to business entities, such as in the areas of nondiscrimination, health-care provision, education, the environment, employment relations
and consumer safety.
5.
In addition, under international standards, business entities are expected to respect
Covenant rights regardless of whether domestic laws exist or are fully enforced in
practice.17 The present general comment therefore also seeks to assist the corporate sector
in discharging their human rights obligations and assuming their responsibilities, thus
mitigating any reputational risks that may be associated with violations of Covenant rights
within their sphere of influence.
6.
The present general comment could also assist workers’ organizations and
employers in the context of collective bargaining. A large number of States parties require
workplace procedures for the examination of grievances brought by workers, individually
or collectively, without threat of reprisal.18 Social dialogue and the availability of grievance
mechanisms for workers could be more systematically relied upon, particularly for the
implementation of articles 6 and 7 of the Covenant.
III. Obligations of States parties under the Covenant
A.
Obligations of non-discrimination
7.
The Committee has previously underlined that discrimination in the exercise of
economic, social and cultural rights is frequently found in private spheres, including in
12
13
14
15
16
17
18
2
The International Labour Organization (ILO) Tripartite Declaration of Principles concerning
Multinational Enterprises and Social Policy, initially adopted in 1977 and last revised in 2017,
encourages positive contributions by enterprises to society for implementation of the principles
underlying international labour standards.
See recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, on
human rights and business, adopted on 2 March 2016 at the 1249th meeting of the Ministers’
Deputies.
See A/HRC/17/31, endorsed by the Human Rights Council in its resolution 17/4.
See A/HRC/4/35/Add.1.
See, for example, the Constitutional Court of South Africa, Daniels v. Scribante and others, case CCT
50/16, judgment of 11 May 2017, paras. 37-39 (leading judgment by J. Madlanga) (positive duties
imposed on the owner to ensure the right to security of tenure in conditions that comply with the
requirements of human dignity).
Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect,
Respect and Remedy” Framework, principle 11 and commentary.
See the ILO Examination of Grievances Recommendation, 1967 (No. 130).