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Article

9 Jul 2015

Author:
FIDH

FIDH oral statement on Panel V: States' duty to Protect

...Under international human rights law, States have a duty to protect human rights by regulating the behaviour of non­state actors. States are expected to take all reasonable measures in order to prevent private actors from adopting conduct that may lead to human rights violations. FIDH strongly believes that the treaty must oblige States to adopt regulatory measures regarding corporate abuses of human rights. This includes requiring business enterprises to adopt policies and procedures that seek to prevent, stop and redress negative human rights impacts whenever they operate or cooperate, whether domestically or transnationally, and to establish enforcement mechanisms, to the extent such mechanisms do not currently exist or are insufficient. At a minimum, States' duty to protect must be interpreted as applying to both home and host States...In reality what we are experiencing, despite the adoption of the UN Guiding Principles on Business and Human Rights, are serious obstacles to close the accountability gaps resulting from the lack of legal clarity...Through this international instrument, the obligation on States to translate these standards into national legislation shall be explicitly set forth.

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