Chapter 1 • International Human Rights Law and the Role of the Legal Professions: A General Introduction
States’ responsibility to provide protection and redress for victims of abuses
of power will be dealt with in some detail in Chapter 15 of this Manual.
Whenever bound by international human rights law, States have a
strict legal obligation to guarantee the effective protection of human
rights to all persons within their jurisdiction.
States’ legal duty to protect human rights implies an obligation to
prevent, investigate and punish human rights violations, as well
as to restore rights whenever possible or provide compensation.
States may also have a legal duty not only to provide protection against
human rights violations committed by public authorities, but also to
ensure the existence of adequate protection in their domestic law against
human rights violations committed between private individuals.
3.
Business Corporations and
Human Rights
In recent years there has been wide discussion of the question whether, and to
what extent, entities other than States, such as business corporations, could and should
be held legally responsible for not complying with rules of international human rights
law in the exercise of their various activities. Whilst it is clear from the preceding
sub-section that States themselves may have a duty to ensure that their domestic law
also offers adequate remedies against serious human rights violations that may be
committed by private individuals, this reasoning would appear to be equally applicable
to the activities of business corporations. However, this is not, of course, the same as
saying that these corporations are themselves incurring international legal responsibility
for any wrongful acts.
The discussion at the international level on the legal responsibility of business
corporations to guarantee human rights offers a wealth of ideas concerning, inter alia,
standards to protect workers from abuses or the environment from unnecessary
damage and destruction. However, the development of the law in this important area is
still very much in its infancy, and the arguments put forward at this stage belong
primarily to the field of lex ferenda.
Since the aim of this Manual is to explain the legal duties of States themselves
under international law, no further consideration will be devoted to the possible legal
responsibilities of business corporations to protect human rights. However, judges,
prosecutors and lawyers may well be confronted with these problems in the exercise of
their professional duties at the domestic level. In addition to any duties business
corporations may have to protect individual rights and the environment under
domestic law, it might therefore be useful for members of the legal professions to be
aware of the fact that discussions are taking place at the international level and that
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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