THE ROLE OF NATIONAL ACTION PLANS IN IMPLEMENTATION OF INTERNATIONAL STANDARDS IN BUSINESS AND HUMAN RIGHTS
DOI:
https://doi.org/10.22478/ufpb.2179-7137.2019v8n6.49312Palavras-chave:
international law, corporate responsibility, international standard, human rights, national action plan, implementation, international businessResumo
"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action PlansDownloads
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Referências
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Universal Declaration of Human Rights of December 10, 1948
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International Covenant on Economic, Social and Cultural Rights of December 16, 1966
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Recommendation CM / Rec (2016) on Human Rights and Business
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TASS. The authorities of the Nizhny Novgorod region specified the number of victims of the explosions in Dzerzhinsk [electronic resource] // URL: https://tass.ru/proisshestviya/6498912
Human Rights Council. “Human rights and transnational corporations and other enterprises” Resolution 17/4 of 16 June 2011.UN Doc. A / HRC / RES / 17/4 (July 6, 2011).
Human Rights Council. "Human rights and transnational corporations and other enterprises. "Resolution 26/22 of June 27, 2014. UN Doc. A / HRC / RES / 26/22 (July 15, 2014).
Human Rights Council. “Protect, Respect, and Restore Rights: Key Provisions Related to Business and Human Rights.” Report of the Special Representative of the Secretary-General for Human Rights and Transnational Corporations and Other Enterprises, John Ruggie UN Doc.A / HRC / 8/5
Claire METHVEN O’BRIEN. National Action Plans: Current Status and Future Prospects for a New Business and Human Rights Governance Tool // Business and Human Rights Journal. – 2016. - Vol. 1:1. - p. 117-125.
Daniel AUGENSTEIN, Mark DAWSON, Pierre THIELBÖRGER. The UNGPs in the European Union: The Open Coordination of Business and Human Rights? //Business and Human Rights Journal – 2018.- Vol. 3:1. – pp. 1- 22
Bauman-Pauly D. Business and Human Rights. From Principles to Practice / D. Baumann-Pauly, J. Nolan. – Taylor and Francis: Routledge, 2017 - 602 p.
Commission (EC) ‘A Renewed EU Strategy 2011–14 for Corporate Social Responsibility’ COM (2011) 681 final, 25 October 2011.
Declaration of the Committee of Ministers on the UN Guiding Principles on business and human rights (16 April 2014)
Government of the Republic of Lithuania, ‘Lithuania’s Action Plan on the Implementation of the United Nations Guiding Principles on Business and Human Rights’ (2015).
Government of Finland, Ministry of Employment and Economy, ‘National Action Plan for the Implementation of the UN Guiding Principles on Business and Human Rights’ (2014).
Government of Denmark, ‘Danish National Action Plan: Implementation of the UN Guiding Principles on Business and Human Rights’ (2014).
Government of the Netherlands, Ministry of Foreign Affairs, ‘National Action Plan on Business and Human Rights’ (2013).
Government of the United Kingdom, Foreign & Commonwealth Office, ‘Good Business: Implementing the UN Guiding Principles on Business and Human Rights’ (2013).
Guidance on National Action Plans on Business and Human Rights - UN Working Group on Business and Human Rights, version 1.0, December 2014.
National Action Plans on Business and Human Rights. A Toolkit for the Development, Implementation, and Review of State Commitments to Business and Human Rights Frameworks – DIHR, ICAR, June 2014.
Case of Eweida and Others v. the United Kingdom 27/05/2013, ECHR;
Case of Fadeyeva v. Russia 30/11/2005, ECHR;
Case of Lopez Ostra v. Spain 9/12/1994, ECHR;
Case of Barbalescu v. Romania 12/1/2016, ECHR;
Case of Magyar Tartalomszolgáltatók Egyesülete and Index .hu Zrt. v Hungary 2/5/2016, ECHR;
Case of Rantsev v Cyprus and Russia 10/5/2010, ECHR;
Case of Yershova vs Russia 04/10/2010, ECHR;
Natalia Zotova. Who and how is discriminated in Russia against when hiring [electronic resource] // URL https://www.bbc.com/russian/features-44727766
16 major data vendors [electronic resource] // dummies. A Wiley Brand URL: https://www.dummies.com/programming/big-data/16-major-data-vendors/
The ILV spoke about the leaders in violations in the processing of personal data [electronic resource] // URL: https://ria.ru/20190220/1551152806.html
Global Business Initiative [electronic resource] // URL: http://www.global-business-initiative.org/wp-content/uploads/2016/11/NAPs-Statement-Nov-2016.pdf
New recommendations published on National Action Plans on Business & Human Rights [electronic resource] // URL: http://corporatejustice.org/news/15-new-recommendations-published-on-national-action-plans-on-business- human rights
National Action Plans on Business and Human Rights [electronic resource] // URL: https://globalnaps.org/country/
Universal Declaration of Human Rights of December 10, 1948
International Covenant on Civil and Political Rights of December 19, 1966
International Covenant on Economic, Social and Cultural Rights of December 16, 1966
ILO Declaration on Fundamental Principles in the World of Work and Mechanism for its Implementation of 18 June 1998
Recommendation CM / Rec (2016) on Human Rights and Business
TASS. The explosions at the plant in Dzerzhinsk occurred in the polymer workshop [electronic resource] // URL: https: // tass.ru/proisshestviya/6498247?utm_source = twitter.com & utm_medium = social & utm_campaign = smm_social_share
TASS. The authorities of the Nizhny Novgorod region specified the number of victims of the explosions in Dzerzhinsk [electronic resource] // URL: https://tass.ru/proisshestviya/6498912
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Publicado
2019-11-27
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I. ABDULLIN, A. .; A. SINYAVSKIY, A. . THE ROLE OF NATIONAL ACTION PLANS IN IMPLEMENTATION OF INTERNATIONAL STANDARDS IN BUSINESS AND HUMAN RIGHTS. Gênero & Direito, [S. l.], v. 8, n. 6, 2019. DOI: 10.22478/ufpb.2179-7137.2019v8n6.49312. Disponível em: https://periodicos.ufpb.br/ojs/index.php/ged/article/view/49312. Acesso em: 26 dez. 2024.
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