The Concept of Human Rights Protection and the UN Guiding Principles on Business and Human Rights

2015 ◽  
pp. 137-158 ◽  
Author(s):  
David Jason Karp
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Business And Human Rights ◽  
Guiding Principles

scholarly journals Menakar Perlindungan HAM Dalam Revisi UU Minerba Melalui UN Guiding Principles on Business and Human Rights

2021 ◽  
Vol 6 (1) ◽  
pp. 26
Author(s):  
Ayu Kholifah
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Legal Research ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Business And Human Rights ◽  
Qualitative Descriptive ◽  
Mining Law ◽  
Guiding Principles ◽  
Regulations And Guidelines

The ratification of Law Number 3 of 2020 (Revision of the Mining Law) on June 10, 2020 by President Joko Widodo raised a polemic so that several parties have filed a judicial review of the law. This phenomenon indicates that there are interests that are not accommodated in the Revision. The natural resource business as the sector with the greatest risk of human rights violations is in the spotlight whether the Revision are much better to guarantee human rights protection or not. The UN Guiding Principles on Business and Human Rights (UNGPs) is a recommendation that can be used as a parameter how human rights are protected on the Revision. This research is normative legal research using qualitative descriptive methods by combining statutory approaches and conceptual approaches. The results show that the absence of mandatory regulations and guidelines for human rights protection in domestic business activities is a factor in the low level of human rights protection in the Revision. Human Rights Protections by the State and Human Rights Respects by companies have not been comprehensively regulated, access to recovery for human rights impacts is still not maximal and needs to be developed as recommended in the UNGPs.

The EU’s engagement with business on human rights

2020 ◽  
pp. 312-342
Author(s):  
Mary E Footer
Keyword(s):  
Human Rights ◽  
Turn Of The Millennium ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Business And Human Rights ◽  
Labour Standards ◽  
European Business ◽  
Corporate Social ◽  
The Impact

Since the turn of the millennium, the European Union (EU) has sought to advance its policies on business and human rights with the aim of achieving specific outcomes on human rights protection, core labour standards, and a better alignment of European and global approaches to Corporate Social Responsibility (CSR). At the heart of this endeavour lies the European Commission’s renewed strategy for CSR in its 2011 Communication. This chapter critically analyses the impact of the EU’s re-calibration of its CSR policy to allow for the fuller engagement of European business with human rights on the internal and external plane. The EU has sought to develop a ‘smart mix’ of voluntary policy measures and complementary regulatory initiatives to achieve its aims. Consequently, it has made considerable progress towards embedding business and human rights in European law and policy. However, it continues to face challenges due to its lack of competence along the whole spectrum of business-related human rights, and the transversal character of EU policy, which elicits a multidimensional response to implementation, involving a plethora of actors from government, business, and civil society.

Two Steps Forward, One Step Back: The 2010 Report by the UN Special Representative on Business and Human Rights

2010 ◽  
Vol 11 (11) ◽  
pp. 1264-1280 ◽  
Author(s):  
Jernej Letnar Černič
Keyword(s):  
Human Rights ◽  
Secretary General ◽  
Human Rights Law ◽  
Short Article ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Business And Human Rights ◽  
One Step ◽  
John Ruggie ◽  
The Relationship

AbstractThe relationship between human rights law and business has emerged in recent years as one of the most topical to be discussed and put on the agenda almost worldwide. The activities of corporations in this globalized environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. On 9 April 2010 Professor John Ruggie, the United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises, submitted his fifth Report under the title “Business and Human Rights: Further steps toward the operationalization of the ‘protect, respect and remedy’ framework.” The objective of this short article is to examine his 2010 report and to establish whether this Report has contributed to clarifying standards in the field of human rights and business.

Drafting an International Legally Binding Instrument on Business and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 466-485
Author(s):  
Elżbieta Karska
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
The United States ◽  
Human Rights Violations ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Business And Human Rights ◽  
Legal Grounds

Abstract This article deals with the process of creating a convention in the field of human rights, the working name of which is the ‘International Legally Binding Instrument on Business and Human Rights’. The author analyses the existing legal grounds for the responsibility of business for human rights violations in international law. She has assessed non-binding instruments, leading her to draw the conclusion that mechanisms strengthening protection are required in human rights protection law. The process of the creation of a new convention itself is subjected to an in-depth review. A special place is given to the issue of the position of a victim of human rights violations committed as a result of the activity of transnational enterprises, the rights of the victims of such violations and the mechanisms of international cooperation in the combatting thereof. In the conclusion the author states that human rights require actions that move beyond existing divisions, and that the work of the intergovernmental group led by Ecuador should be seriously supported by the European Union and the United States.

scholarly journals INTERNATIONAL UNIVERSAL INSTITUTIONAL MECHANISM FOR HUMAN RIGHTS PROTECTION IN BUSINESS SPHERE

2020 ◽  
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Transnational Corporations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
The United Nations ◽  
Business Enterprises ◽  
Rights Issues

The article focuses on the functioning of the international universal institutional mechanism for the protection of human rights in business sphere. The importance of the statutory bodies of the United Nations, the officials who are empowered to make decisions on many issues related to a wide range of subjects of international legal relations, including the protection of human rights in business sphere, is emphasized, in particular: the General Assembly, the Economic and Social Council, the Security Council, the Secretary-General. The role of the Human Rights Council as a body of the United Nations, which is responsible for promoting the universal respect for human rights and fundamental freedoms, in the creation of specialized, narrow-profile human rights protection structures in business sphere has been defined. The powers of the Special Representative of the Secretary-General on Human Rights and transnational corporations and other business enterprises have been described, with an emphasis on the significance of “Protect, respect and remedy” framework proposed by him. The attention is paid to the Working Group on the issue of human rights and transnational corporations and other business enterprises. The importance of the UN Forum on Business and Human Rights as a dialogue center for the cooperation on business and human rights issues is highlighted. The emphasis is placed on the mandate of the Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, which provides the development of a legally binding instrument for regulating the activities of transnational corporations and other business enterprises in international human rights law. It is emphasized on the tasks performed by the Office of the United Nations High Commissioner for Human Rights in business and human rights issues, and its cooperation with specialized bodies in this area; its role in the promotion and implementation of the Guiding Principles on Business and Human Rights is highlighted.

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