Understanding and implementing the UN guiding principles on business and human rights

Abstract

The UN Guiding Principles on Business and Human Rights (UNGPs) emerged in response to recognition of the need for corporate accountability in an increasingly globalized economy. They represent a fundamental framework for addressing the responsibility of businesses to uphold human rights, advocating for the state duty to protect human rights, the corporate responsibility to respect human rights, and the need for effective remedy for victims of corporate human rights abuse.The UNGPs go beyond voluntary corporate social responsibility efforts, emphasizing enforceable standards and proactive engagement with human rights issues. Legal professionals play a pivotal role in helping companies align with these principles, ensuring compliance, managing risks, and preparing for emerging litigation trends. As the global push for corporate accountability intensifies, the UNGPs form a central part of sustainable business practices and are integral when advising clients in a rapidly evolving regulatory environment. With many countries, particularly in Europe, enacting mandatory human rights and environmental due diligence laws inspired by the UNGPs, companies are now facing binding requirements to prevent and address human rights abuses within their operations and supply chains.The UNGPs’ impact on the legal profession is likely to grow, making this article a timely snapshot of current developments. It begins by briefly outlining the historical context and evolution of the business and human rights movement, leading to the development of the UNGPs. It then explores each of the UNGPs’ three pillars—the state duty to protect, corporate responsibility to respect, and access to remedy—along with their application and implications for legal practice, concluding with emerging trends and challenges in business and human rights regulation and litigation