{"title":"Corporate Liability for Human Rights Abuses in Latin American Courts: Some Recent Developments","authors":"Humberto Cantú Rivera, Miguel Barboza López","doi":"10.1017/bhj.2022.24","DOIUrl":null,"url":null,"abstract":"The third pillar of the UN Guiding Principles on Business and Human Rights (UNGPs) is often considered the ‘forgotten pillar’,1 especially when compared with the first pillar, where some of the ‘governance gaps’ the State must address in order to comply with its duty to protect under international human rights law are developed with some level of detail. The same happens in relation to the second pillar, which proposes a practical approach for the proactive involvement of companies in the identification and management of the risks their activities and business relationships may produce on human rights.2 However, the third pillar is not necessarily ‘forgotten’, as it is based on one of the core rights of the international human rights regime. In this regard, not only are the various elements and procedures for access to justice developed within each country’s domestic law and within the international legal system, but they have also been subject to detailed studies by the international and regional human rights community.3 However, it is the least proactive pillar of the UN framework on business and human rights, and the one that faces the greatest challenges in terms of making a specific, substantive contribution in light of the vast existence of civil, criminal, administrative and constitutional proceedings in domestic jurisdictions.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.3000,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Business and Human Rights Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/bhj.2022.24","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
引用次数: 0
Abstract
The third pillar of the UN Guiding Principles on Business and Human Rights (UNGPs) is often considered the ‘forgotten pillar’,1 especially when compared with the first pillar, where some of the ‘governance gaps’ the State must address in order to comply with its duty to protect under international human rights law are developed with some level of detail. The same happens in relation to the second pillar, which proposes a practical approach for the proactive involvement of companies in the identification and management of the risks their activities and business relationships may produce on human rights.2 However, the third pillar is not necessarily ‘forgotten’, as it is based on one of the core rights of the international human rights regime. In this regard, not only are the various elements and procedures for access to justice developed within each country’s domestic law and within the international legal system, but they have also been subject to detailed studies by the international and regional human rights community.3 However, it is the least proactive pillar of the UN framework on business and human rights, and the one that faces the greatest challenges in terms of making a specific, substantive contribution in light of the vast existence of civil, criminal, administrative and constitutional proceedings in domestic jurisdictions.
期刊介绍:
The Business and Human Rights Journal (BHRJ) provides an authoritative platform for scholarly debate on all issues concerning the intersection of business and human rights in an open, critical and interdisciplinary manner. It seeks to advance the academic discussion on business and human rights as well as promote concern for human rights in business practice. BHRJ strives for the broadest possible scope, authorship and readership. Its scope encompasses interface of any type of business enterprise with human rights, environmental rights, labour rights and the collective rights of vulnerable groups. The Editors welcome theoretical, empirical and policy / reform-oriented perspectives and encourage submissions from academics and practitioners in all global regions and all relevant disciplines. A dialogue beyond academia is fostered as peer-reviewed articles are published alongside shorter ‘Developments in the Field’ items that include policy, legal and regulatory developments, as well as case studies and insight pieces.