Abstract

The United Nations ‘Protect, Respect and Remedy’ Framework,developed by the U.N. Special Representative JohnRuggie, brings together social expectations and law into anemerging policy framework of direct relevance to corporate social responsibility, CSR. The principle source of the Framework’s significance for the policy and practice of CSR is its definition of the theory of business responsibility for human rights as arising from business activities and relationships, and its deployment of due diligence for human rights risk as the core operational concept of this theory of responsibility. The article considers the responsibility to respect human rights in light of theories about polycentric regulatory regimes and draws the conclusion that the Ruggie Framework creates a regulator dynamic in which both voluntarism and law have relevant and reinforcing roles to play in governing business behavior. In the wake of the adaptation of the Framework by the UN, the challenge for the field of CSR will be to adapt to an emerging reality in which business responsibility for ‘the social’ is increasingly a question of compliance and beyond.

Highlights

  • The United Nations ‘Protect, Respect and Remedy’ Framework, developed by the U.N

  • The Framework provides a clear definition of business responsibility for human rights as the foundation for a policy framework in which both voluntarism and law have relevant and reinforcing roles to play in governing business behavior

  • The Ruggie Framework places a clear definition of business responsibility at the center of the policy and practice concerning corporate social responsibility (CSR)

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Summary

Due diligence and human rights risk

Guiding Principles 11 through 24 describe the principle of responsibility to respect in detail. While the vast majority of human rights organizations supported Ruggie’s view that business in general may potentially infringe the entire set of human rights though their activities, and accepted the notion of due diligence as the core method for implementing responsibilities in this regard, they pushed for Ruggie to use stronger language to obligate companies under the Framework. They objected to the interpretation that international human rights law does not apply directly to business entities. Just as legislation permits citizens to demand information from their governments, a statutory right of access to information about the business sector’s participation in specific human rights breaches would be an important and necessary supplement to the standardized CSR reporting many businesses are starting to introduce (Taylor 2011)

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