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State responsibility for eliminating violence against women 2013, para. 22
- Paragraph text
- One specific area in which the due diligence principle has been developed and applied to human rights violations is in the area of transnational corporations. In 2008, the Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises issued a report entitled "Protect, Respect and Remedy: a Framework for Business and Human Rights" (A/HRC/8/5). This Framework is focused on States' "duty to protect" and transnational corporations' "responsibility to respect". The duty to protect is a standard of conduct, not result, meaning that States are expected to take appropriate steps to prevent, investigate, punish and redress abuse by private actors (A/64/216, para. 7). In 2011, the Special Representative presented to the Human Rights Council the Guiding Principles on Business and Human Rights (A/HRC/17/31, annex), which articulate foundational principles that clarify and expand on what is entailed by the State duty to protect and the corporate responsibility to respect. These Guiding Principles were endorsed by the Council in its resolution 17/4, and a Working Group on the issue of human rights and transnational corporations and other business enterprises was established to, inter alia, promote their effective and comprehensive dissemination and implementation. There are four elements to human rights due diligence concerning transnational corporations: (a) identification and assessment of actual or potential adverse human rights impacts; (b) appropriate actions being taken based on information from the assessment; (c) tracking the effectiveness of the response; and (d) effective communication with relevant stakeholders concerning the response. These four elements could serve as a useful assessment tool in the violence against women sphere, whereby States can examine whether their responses are meeting the due diligence standard of responsibility and, more importantly, whether they are also effective in practice.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
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