The UN GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS 2011 (Ruggie Principles) propose a:
ATHREE-PILLAR FRAMEWORK: (i) STATE DUTY to protect against human rights abuses by third parties including business; (ii) CORPORATE RESPONSIBILITY to respect human rights (independent of State action); (iii) ACCESS TO REMEDY for victims (judicial and non-judicial)
Bcomplete State takeover of business (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie)) (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie)) (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie))
Conly voluntary corporate guidelines (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie)) (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie)) (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie))
Donly criminal prosecution (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie)) (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie)) (cf. UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie))
Answer & Solution
Correct answer: A. THREE-PILLAR FRAMEWORK: (i) STATE DUTY to protect against human rights abuses by third parties including business; (ii) CORPORATE RESPONSIBILITY to respect human rights (independent of State action); (iii) ACCESS TO REMEDY for victims (judicial and non-judicial)
1. The UN Guiding Principles on Business and Human Rights (UNGP) were endorsed by the Human Rights Council (Resolution 17/4 of 6 July 2011).
2. Developed by Prof. John Ruggie (Harvard, Special Representative of UN SG on Business and Human Rights, 2005-2011).
3. THREE-PILLAR FRAMEWORK:
4. (i) STATE DUTY TO PROTECT against human rights abuses by third parties including business enterprises through appropriate policies, regulation, and adjudication;
5. (ii) CORPORATE RESPONSIBILITY TO RESPECT human rights — avoid causing or contributing to adverse impacts; conduct HUMAN RIGHTS DUE DILIGENCE; address impacts through appropriate action;
6. (iii) ACCESS TO REMEDY for victims — including effective judicial and non-judicial mechanisms.
7. India has issued the National Action Plan on Business and Human Rights (consultations ongoing).
8. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — UN Guiding Principles on Business and Human Rights 2011 (UNGP, John Ruggie)_
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