Conceptualizing the Home State Duty to Protect Human Rights

Sara L. Seck

Chapter 1 in Corporate Social and Human Rights Responsibilities, 2011, pp 25-51 from Palgrave Macmillan

Abstract: Abstract The Special Representative to the UN Secretary General on Business and Human Rights (SRSG) has identified the State duty to protect against human rights abuses by non-State actors, including business, as one of the fundamental pillars of the Protect, Respect, Remedy Framework [Framework].1 The Framework ‘rests on differentiated but complementary responsibilities’, and comprises three ‘core principles’: the State duty to protect, the corporate responsibility to respect human rights, and the need for more effective access to remedies.2 However, the jurisdictional scope of the State duty to protect is disputed. According to the SRSG, international law provides that States are required to protect against human rights abuses by businesses ‘affecting persons within their territory or jurisdiction’.3

Keywords: Supra Note; Treaty Body; State Duty; Extraterritorial Jurisdiction; Extraterritorial Application (search for similar items in EconPapers)
Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-0-230-29461-5_2

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DOI: 10.1057/9780230294615_2

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