Abstract

IBANEZ-M, Pilar  and  ORDONEZ-S, Viviana. THE ROLE OF THE STATES AND COMPANIES IN HUMAN RIGHTS D UE DILIGENCE. Int. Law: Rev. Colomb. Derecho Int. [online]. 2014, n.24, pp.219-246. ISSN 1692-8156.

The relation between companies and Human Rights has been gaining more and more strength and in that sense it is necessary to specify concepts and insights about what responsibilities we are attributable to companies and what States. So, in this article the authors seek to approach the concept of due diligence, enshrined in John Ruggie's Guiding Principles, which lies at the head of companies in terms of respect and protection of human rights, while also wants to show which aspects of that duty are the responsibility of individuals and which are the responsibility of the State. Therefore, it will be discussed throughout the article (I) the concept of due diligence, (ii) how to develop a process of due diligence in the context of human rights, (iii) the development and implementation of due diligence processes and human rights, (iv) limits on the due diligence of companies (V) finally in terms of due diligence, what are the obligations of the state and what is the limit for this. As conclusion, the authors seek to give a sort of recommendations that will enable both companies to States, effective enforcement of their obligations and responsibilities.

Keywords : Due diligence; companies; human rights; state responsibility; John Ruggie's guiding principles; global compact; companys role; Labor contract; human rights; government liability; Ruggie; John Gerard 1944.

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