BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

when it influences the conduct of private persons indirectly, through positive obligations imposed upon the states. 6 It takes its roots in Article 1 of the Convention requiring the states to secure to everyone within their jurisdiction the rights and freedoms guaranteed in the Convention by prevention of unlawful acts of private entities that breach them. This provision of the Convention has existed in its text since its creation in 1950, but this interpretation was established much later. The detailed work on the legal framework for business and human rights within the Council of Europe (CoE) received its initial motion from the United Nations. After the unsuccessful Draft Norms on Transnational Corporations and Other Business Enterprises, 7 which sought to directly impose essentially the same human rights duties that states have accepted on companies. In 2005 the UN Secretary-General appointed John Ruggie to the post of a Special Representative on the issue of business and human rights. 8 The Special Representative looked for support within regional human rights organisations, including the Council of Europe, which resulted in the initiatives on the subject also in Europe. The CoE’s activity on business and human rights began in 2009. 9 At that time the Parliamentary Assembly (PACE) adopted Recommendation 1858 (2009) Private military and security firms and erosion of the state monopoly on the use of force, which was concerned about the need for regulation of private military and/or security companies (PMSCs). It requested an introduction of rules and regulations with the expectation of it a code of conduct for businesses that wish to contract with PMSCs. This Recommendation stressed the need to set up a framework for self-regulation in the PMSC sector including the establishment of a PMSC Ombudsman and/or a PMSC violations investigation team. With regards to the possible nature of such an instrument, the PACE stated its preference for a legally binding document. On 6 October 2010, the CoE Parliamentary Assembly adopted Resolution 1757 10 and Recommendation 1936 11 on human rights and business. In these documents, the assembly recommended that the CoE Committee of Ministers explore ways and means of enhancing the role of businesses in respecting and promoting human rights. In its opinion, the Committee of Ministers should specifically consider “… preparing a study on corporate responsibilities in the area of human rights, taking into account in particular the case law of the European Court of Human Rights …”. 12 As a result of this study, in 2012 the Steering Committee for Human Rights (CDDH) published the “Draft 6 HARRIS, D., O’BOYLE, M. and WARBRICK, C. Law of the European Convention on Human Rights . Oxford: Oxford University Press, 2009, p. 20. 7 Draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, E/CN.4/Sub.2/2003/12 (2003). 8 Just Business: Why Companies Must Pay Attention to Human Rights . Keynote Address by SRSG John Ruggie Canadian Business for Social Responsibility, Toronto, 5 November 2009. 9 AUGENSTEIN, Daniel and GENUGTEN, Willem van and JAGERS, Nicola, Business and Human Rights Law in the Council of Europe: Noblesse Oblige (25 September 2014). Available at SSRN: https:// ssrn.com/abstract=2501310 (accessed on 7 April 2018). 10 Human rights and business. Resolution 1757 (2010), CoE, PACE, 6 October 2010. 11 Human rights and business. Recommendation 1936 (2010), CoE, PACE, 6 October 2010. 12 Ibid.

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