Business and Human Rights

Luxembourg and the United Nations Guiding Principles on Business and Human Rights

The United Nations Human Rights Council unanimously approved the Guiding Principles on Business and Human Rights in its resolution 17/4 of June 16, 2011.

These guidelines were drafted by the UN Secretary-General's Special Representative on Business and Human Rights, Professor John Ruggie.

They apply to all states and enterprises, whether commercial, transnational, or otherwise, regardless of their size, sector of activity, location, ownership or structure. Under the framework  titled "Protect, Respect and Remedy”, the 31 UN Guiding Principles on Business and Human Rights:

a) reaffirm the legal obligations  under international law incumbent on states to respect, protect and fulfil human rights and fundamental freedoms (Guiding Principles 1-10). States can fulfil these obligations either through legislation or through incentives in line with the Guiding Principles;

b) describe the role of companies and their responsibility, as specialized organs of society with specific functions, to comply with all applicable laws and to respect human rights (guidelines 11-24). They do not impose new legally binding obligations on companies;

c) emphasize the necessity for appropriate and effective judicial and non-judicial remedies for human rights abuses, at both state and company level (guidelines 25-31).