Conceptualizing the Home State Duty to Protect Human Rights

Authors

Sara Seck, Dalhousie University Schulich School of LawFollow

Document Type

Book Chapter

Publication Date

2010

Keywords

Business and Human Rights Law, State duty, human rights abuses, non-State actors, business, fundamental pillars, Framework for Business and Human Rights

Abstract

The Special Representative to the UN Secretary-General on Business and Human Rights (SRSG) has identified the State duty to protect against human rights abuses by non-State actors, including business, as one of the fundamental pillars of the Framework for Business and Human Rights [Framework].1 The Framework “rests on differentiated but complementary responsibilities”, and is comprised of three “core principles”: the State duty to protect, the corporate responsibility to respect human rights, and the need for more effective access to remedies.2 However, the jurisdictional scope of the State duty to protect is disputed. According to the SRSG, international law provides that States are required to protect against human rights abuses by businesses “affecting persons within their territory or jurisdiction”.

Comments

Draft, 2009 By Sara L Seck

Recommended Citation

Sara L Seck, “Conceptualizing the Home State Duty to Protect Human Rights”, in Karin Buhman, Mette Morsing & Lynn Roseberry, eds, Corporate Social and Human Rights Responsibilities: Global Legal and Management Perspectives (London: Palgrave Macmillan, 2011) at 25-51.