Second Revised Draft of the Binding Treaty
LEGALLY BINDING INSTRUMENT TO REGULATE, IN INTERNATIONAL HUMAN RIGHTS LAW, THE ACTIVITIES OF TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES
...Section I
Article 1.
Definitions
For purposes of the present legally binding instrument:
1."Victim" shall mean any personsor group of persons who individually or collectively have suffered harm, including physical or mental injury, emotional suffering, or economic loss, or substantial impairment of their human rights, through acts or omissions in the context of business activities, thatconstitute human rights abuse. The term "victim" shall also includethe immediate family members or dependents of the direct victim, and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.Aperson shall be considered a victim regardless of whether the perpetrator of the human rights abuse is identified, apprehended, prosecuted, or convicted....
Article 2.
Statement of purpose
1.The purpose of this (Legally Binding Instrument) is:
a.To clarify and facilitate effective implementation of the obligation of States to respect, protect and promote human rights in the context of business activities, as well as the responsibilities of business enterprises in this regard;
b.To prevent the occurrence of human rights abusesin the context of business activities;
c.To ensure access to justice and effective remedy for victims of human rights abuses in the context of such business activities;
d.To facilitate and strengthen mutual legal assistance and international cooperation to prevent human rights abuses in the context of business activities and provide access to justice and effective remedy to victims of such abuses...