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April 30, 2009

Simon Fodden

UN Report on Business and Human Rights, Updated

At this time last year, John Ruggie, the UN Special Representative of the Secretary-General on business and human rights released a report, “Protect, Respect and Remedy: a Framework for Business and Human Rights" [PDF] recommending, as we reported then, implementation of a framework to give effect to

the State duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and the need for more effective access to remedies.

Ruggie has now released a report to the UN Human Rights Council on his work since that time, entitled "Business and human rights: Towards operationalizing the 'protect, respect and remedy' framework." [PDF]

The table of contents of the report is as follows:

I. INTRODUCTION .
II. THE ECONOMIC CRISIS
III. THE STATE DUTY TO PROTECT .
A. Corporate law .
B. Investment and trade agreements .
C. International cooperation .
D. Summing up .
IV. THE CORPORATE RESPONSIBILITY TO RESPECT .
A. Responsibility to respect
B. Due diligence .
C. Summing up .
V. ACCESS TO REMEDY
A. State obligations .
B. Interplay between judicial and non-judicial mechanisms
C. Judicial mechanisms .
D. Non-judicial mechanisms
E. Summing up
VI. CONCLUSION

Simon Fodden is the founder of Slaw. He taught law at Osgoode Hall Law School for more than 30 years before he retired to focus on writing, publishing, and IT and law.
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