BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Market mechanisms play a crucial role in all of social security models, however, in underdeveloped and developing States it is of utmost significance. In consolidated democracies, social security rights flourish with supra partisan political support: social coalition yields strong social security schemes. As a consequence, most successful experiences with this right prove a high level of interdependency between social security arrangements along with democracy, policies of economic growth and employment. Accordingly, social security scheme may very well either become a political instrument of poverty reduction, gender equality, either it can perform many other economically relevant roles, such as the protection of household income, job creation or increasing or productivity. In this chapter the social right is admitted as fundamental human right. Considering the existence of such right, the paper seeks at highlighting duties with social security human right protection through a market (or private) ground. Several guidelines established by international instruments of human rights pointed out ways for companies and corporations to establish business approach for the protection of human rights. We focus, here, at three of them: General Comment n. 24 (Committee of ESC, UN, 2017), Tripartite Declaration of Principles concerning Multinational Enterprises (ILO, 2017) and the Guiding Principles on Business and Human Rights (ONU,2011). Insofar the Universal Declaration of Human Rights (UDHR) is carefully regarded one might realize how significant are the following two provisions on the human right to social security to the rest thereof. Art. 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co- operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Art. 25 (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. To some extent, considering all previous normative developments in the field, it is fair to admit these articles, in spite of their binding effect, as truly declaratory. That is so because by the time the UDHR was issued, three other instruments had already been released with the view to recognize social security as a real universal right of all persons. 2. Business are bound to protect, respect and remedy adverse impacts on human right to social security

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