Abstract

JIMENEZ GUANIPA, HENRY  and  TOUS CHIMA, JAVIER. Integrality Human Rights-Rights of Nature: Towards Corporate Due Diligence and Sustainable Energy Transition. Rev. Derecho Estado [online]. 2023, n.54, pp.307-344.  Epub Feb 04, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n54.10.

Based on the global legal trend of recognizing Nature as an entity holding rights, this article proposes, first, to address business due diligence in human rights with a holistic approach, so that the core of the responsibility of companies to respect human rights include, in addition to the emerging climate due diligence, the rights of Nature. This holistic approach is based on the adoption by different national legal systems of the rights of Nature, and on the recognized integral relationship between human rights and Nature. Second, the article proposes to apply this business due diligence to the energy transition, taking into account the role that companies play in the transformation process of the energy sector as a key strategy to face climate change. In this sense, the energy transition implemented under the standards of due diligence in human rights, proposed in this article, would respond to the maxim: the energy transition is not only about replacing fossil energy sources with renewable sources, but must be aligned with sustainable development, nature protection and respect for human rights.

Keywords : Rights of nature; human rights; integrality; due diligence; energy transition; climate emergency.

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