Business responsibility in respecting, protecting… 51
genocide ( "acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group "), crimes against humanity (systematic and
widespread attacks against civilians including murder, enslavement, torture, rape,
persecution, discrimination etc.), war crimes (as defined by international
humanitarian law) and crimes of aggression.
Human rights risk in a business enterprise refers to all those whose operations
could lead to one or more adverse effects on human rights. Therefore, they relate to
the potential impact on human rights. Traditionally, evaluation of risk factors in
both consequences of an event, severity and probability are considered. In this
context the predominant factor is severity. Probability can be relevant in order to
facilitate prioritization of the potential impact is addressed in certain circumstances
(see severe impact on human rights below). Risks human rights in a company are
those whose human rights are affected. These are different from whatever involve
risks that impact human rights to be raised, although they are closely related.
Leverage. Leverage is an advantage that gives power to influence. In the
context of the guiding principles, refers to a company's ability to perform change in
illicit practices of others that causes or contributes to an adverse impact on human
Mitigate the negative impact on human rights relates to actions taken to reduce
any residual impact development what then should be addressed. Mitigation
human rights relates to actions taken to reduce the likelihood of a certain negative
The provenance of negative impact on human rights relates to actions taken to
ensure that such impact does not occur.
Remedy/cure. Troubleshoot and remedy refers both to remedy assurance
processes for adverse impact of human rights and substantive outcomes that can
counteract, or improve the impact. These results can take several forms, such as an
apology, restitution, rehabilitation, compensation of financial or non-financial
sanctions repressive (either criminal or administrative, such as fines), and to
prevent harmful effects such as orders or guarantees of non-repetition.
The most important human rights human rights of a business enterprise
involving exposure are most at risk. This typically varies by sector and operating
context. Guiding Principles clarify that an enterprise should not focus exclusively
on the most important issues on human rights and ignore others that may arise.
But the most important rights logically be those that focus its primary efforts.
Severe impact on human rights guiding principles defines severe impact of
human rights with reference to its scale, scope and character irreparably. This
means seriousness and number of persons who are or will be affected (eg., the
lagged effects of environmental damage) are both relevant considerations.
"Iremediabilitatea" is the third relevant factor used here to mark any
limitations regarding the ability to restore those affected by a situation at least as,
or equivalent to their situation before the impact. For these purposes, financial
compensation is only relevant insofar as it can provide such a restoration.