Catalogue
Business and human rights - A handbook for legal practitioners (2019)
Prevent and address risks to human rights in the context of business activities
This handbook provides an introduction to the regional and international standards and mechanisms relevant to addressing business and human rights issues in Europe. It is intended to serve as a resource for legal practitioners, and others, across government, business, civil society, the media and in independent bodies, such as ombudsmen and national human rights institutions. Given this broad audience, it does not assume extensive prior knowledge of business and human rights as a specific field within human rights law. Neither, given the breadth of its subject-matter does it purport to provide a comprehensive analysis of any topic contemplated or legal advice.
While the handbook’s primary focus is on Council of Europe instruments applicable across all the organisation’s 47 member states, where pertinent it draws also on materials concerning international and other European regional standards, for instance, those of the European Union (EU).
ABOUT THE AUTHOR
ACKNOWLEDGMENTS
ABBREVIATIONS AND ACRONYMS
INTRODUCTION
CHAPTER 1 – THE STATE DUTY TO PROTECT AGAINST BUSINESS-RELATED HUMAN RIGHTS ABUSES
1.1. General framework of international human rights law relevant to the “state duty to protect”
1.2. The “state duty to protect” under the UNGPs and Council of Europe Recommendation
1.3. National Action Plans on Business and Human Rights
1.4. Extraterritoriality
CHAPTER 2 – THE CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS
2.1. Basis in international human rights law
2.2. UN Framework, UNGPs and Council of Europe Recommendation CM/Rec(2016)3
2.3. Key issues and concepts
2.4. Human rights due diligence
CHAPTER 3 – ACCESS TO REMEDY
3.1. The right to an effective remedy in international law and international human rights law
3.2. The right to an effective remedy under the European Convention on Human Rights
3.3. Access to remedy and the European Social Charter/European Social Charter (revised)
3.4. Remedy under the UN Framework, UNGPs and Council of Europe Recommendation: General overview
3.5. Judicial grievance mechanisms
3.6. Obstacles to accessing an effective judicial remedy
3.7. Non-judicial grievance mechanisms
ANNEX
REFERENCES
INDEX OF CASES
Prevent and address risks to human rights in the context of business activities
This handbook provides an introduction to the regional and international standards and mechanisms relevant to addressing business and human rights issues in Europe. It is intended to serve as a resource for legal practitioners, and others, across government, business, civil society, the media and in independent bodies, such as ombudsmen and national human rights institutions. Given this broad audience, it does not assume extensive prior knowledge of business and human rights as a specific field within human rights law. Neither, given the breadth of its subject-matter does it purport to provide a comprehensive analysis of any topic contemplated or legal advice.
While the handbook’s primary focus is on Council of Europe instruments applicable across all the organisation’s 47 member states, where pertinent it draws also on materials concerning international and other European regional standards, for instance, those of the European Union (EU).