INTRODUCTION Contributed by: Brian W. Burkett, Claudia Feldkamp and Chris Pigott, Fasken
must identify and adhere to the internationally recognised rights and standards that relate to their business operations. By way of example, in the area of labour rights, the UNGPs state that businesses should adhere to the prin - ciples and rights in the International Labour Organization (ILO)’s Fundamental Declaration, which are: (a) freedom of association and the effec - tive recognition of the right to collective bargaining; (b) the elimination of forced or compulsory labour; (c) the abolition of child labour; and (d) the elimination of discrimination in employment and occupation. The UNGPs go on to set out the policies and processes that a business should adopt in order to fulfil its duty to “respect” human rights. These include: (a) a corporate policy commitment to respect human rights; (b) a “human rights due diligence process” to identify, prevent and mitigate any negative human rights consequences that arise from the business’ activities; and (c) processes to remedy any adverse human rights consequences in this regard. • Under Pillar Three (Remedy), governments and businesses must put in place processes – both through legal and non-legal mecha - nisms – to effectively address and correct any negative human rights consequences. Although the UNGPs do not impose concrete legal obligations on governments or businesses, they have become the most widely accepted and “authoritative” global standard in the busi - ness and human rights arena.
Other international standards Today, the UNGPs exist alongside several other broadly adopted international standards that are either incorporated into the UNGPs themselves or aim to complement the UNGPs. These include the ILO’s Fundamental Declaration and Conven - tions, the ILO’s Tripartite Declaration Concerning Multinational Enterprises and Social Policy, and the OECD Guidelines on Multinational Enter - prises. There are also numerous standards that apply to specific industrial sectors. By way of example, the Voluntary Principles on Security and Human Rights play an important role in the global extrac - tive and energy sectors. National frameworks National governments around the world have implemented a mix of legal and voluntary stand - ards concerning business and human rights. National action plans Many governments have developed and adopt - ed national action plans (NAPs) on business and human rights. The move to implement NAPs was driven by the UN Working Group on Busi - ness and Human Rights, which is the UN body tasked with implementing the UNGPs. A NAP is domestic policy statement and agenda that seeks, through domestic state action, to protect against adverse human rights impacts by busi - ness. Even though NAPs are merely policy statements and do not themselves impose legal obligations, legislative action has emanated from a NAP in several countries. By way of example, the UK’s Modern Slavery Act and France’s Duty of Vigi - lance Law are connected to those countries’ NAPs. As of 2025, 34 national governments had
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