Some issues of human rights protection in the field of business within the framework of the UN

Abstract

The article is devoted to the issue of human rights protection in the field of business within the framework of the UN. It was found that states have, in accordance with international human rights law, an obligation to protect everyone within their territory and/or jurisdiction from human rights violations committed by commercial enterprises. This obligation means that states must have effective laws and regulations to prevent and remedy business-related human rights violations and ensure access to effective remedies for those whose rights have been violated. Corporate responsibility for the observance of human rights exists regardless of the ability or willingness of states to fulfill their duty to protect human rights. Regardless of context, states and businesses retain these distinct but complementary responsibilities. When a business enterprise violates human rights, States must ensure that affected people have access to an effective remedy through the court system or other legitimate non-judicial process. For their part, companies are expected to establish effective grievance mechanisms for any individuals or communities affected by or involved in their activities. the main duty to protect human rights rests with the state. This is the main duty of the state not only according to the UN Convention, but also as stipulated by various human rights documents. The state must take measures that will allow to effectively guarantee and implement human rights and human rights standards in its countries. Furthermore, it is envisaged that this protection should extend to human rights violations committed by third parties, including businesses or corporate entities. By setting that the protection of human rights is a fundamental responsibility of the state, the Guiding Principles remain consistent with international law, as human rights treaties and conventions are binding on states and not on non­state actors. In addition, states should clearly state the expectation that all commercial enterprises located within their territory and/or jurisdiction respect human rights throughout their operations.