BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

of clearly perceiving their diverse structures, operations and policies sometimes give rise to concern either in the home or in the host countries, or in both. 7 On 2017, August, the UN Committee on Economic, Social and Cultural Rights has solemnly stated that it has been … regularly presented with situations in which, as a result of States’ failure to ensure compliance, under their jurisdiction, with internationally recognized human rights norms and standards, corporate activities have negatively affected economic, social and cultural rights 8 (p. 1). A number of experts have been claiming and warning likewise 9 . Aware of the complex range of social rights subject to adverse impacts of global business or any kind of corporate action, what is focused here is only measures to be adopted by to enforce social security rights. As such, the major challenge of the chapter might be put as follow: what are the chief standards corporations must follow to be in compliance with international human rights whenever social security rights are at stake? First of all, the broadest duty in this respect is to avoid discriminating practices in private spheres, whatever they are. Direct as well as indirect discrimination 10 is a general non-compliant business practice because it violates the duty to treat everyone with equal respect. This is firmly set up in several human rights instruments 11 as well as in General Comments. 12 Take the most vulnerable people, for instance. It is rather clear that because of their condition of being politically disempowered, some minorities are notably more susceptible to violations by enterprises practices. As put by the UN Guidelines, there are many groups or populations that “may be at heightened risk of becoming vulnerable or marginalized”. 13 These groups are under the scope of human right of social security, but on the other hand, there are equally recognized as a, generally speaking, particular case for business enterprise adverse impacts. If one takes Human Rights Reports 14 so as to gather 7 ILO, Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, p. 9 8 UN, General Comment No. 24 on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, 2017, p. 1 9 RUGGIE, J. Protect, respect and remedy: a framework for business and human rights. Innovations, 2008, p. 191; HACKET, C. Developmente in a era of capital control: embedding corporate social responsability within a transnational regulatory framework. London: Palgrave, 2017, p. 25. 10 UN Guiding principles on business and human rights, 2008, p. 6. 11 See, UN, General Comment n. 24 on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, 2017, p. 2; ILO, Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, p. 8. 12 See Committee’s General Comments n o 18, § 13 and 14; n o 20 (2009) § 7, 8, 11 and 32; n o . 23, § 47 (e); n o . 6 (1995) § 22; n o 4, § 8 (e), 17; United Nations Declaration on the Rights of Indigenous Peoples (A/ RES/61/295, annex, art. 32 (2)), E/C.12/2017/1. 13 UN Guiding principles on business and human rights, 2008, p. 6. 14 See, UNITED NATIONS. Human Rights Council. Report of the Special Rapporteur on violence against women, its causes and consequences: mission to United Kingdom. New York: UN, 2015; UNITED NATIONS. Human Rights Council. Report of the Special Rapporteur on violence against women, its causes and consequences: mission to Italy. New York: UN, 2012; UNITED NATIONS. Human Rights Council. Report of the Special Rapporteur on violence against women, its causes and consequences in United States: Mission to the United States of America, New York: UN, 2011.

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