BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

preliminary study on corporate social responsibility in the field of human rights: existing standards and outstanding issues” 13 and the “Draft feasibility study on corporate social responsibility in the field of human rights”. 14 In the first report the CDDH specifically discussed the relevant instruments of the Council of Europe. The most important of these instruments was the Convention itself, together with its interpretation by means of the Court’s case-law. Apart from this international treaty, the Steering Committee cited the European Social Charter 15 with respect to workers’ rights, the Convention on Human Rights and Biomedicine 16 in relation to potential illegal activities of pharmaceutical companies, the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data 17 regarding employees’ data protection, and a number of documents of the CoE Parliamentary Assembly and the Committee of Ministers. 18 The second document, the “Draft feasibility study on corporate social responsibility in the field of human rights” stressed the importance of the UN Guiding Principles as a global standard and raised the issue of possible gaps relating to the remedies of corporate social responsibility. It was concluded that the Council of Europe should adopt further standards on access to justice for victims of corporate human rights abuses with a focus on thematic issues such as child labour, internet governance or social rights, and to adopt a guide of best practices in the field of corporate social responsibility and human rights, in co-operation with the private sector and civil society. 19 Following these drafts, the Committee of Ministers requested that the CDDH elaborate on the declaration supporting the UNGP as well as a non-binding instrument, which would include a guide of good practices addressing gaps in the implementation of the UNGP at the European level by the end of 2015. In that context, the Drafting Group on Human Rights and Business (CDDH-CORP) was set up. The CDDH- CORP expanded the Declaration of the Committee of Ministers supporting the UN Guiding Principles, which was approved by the CDDH at its 79th meeting 13 Steering Committee for Human Rights (CDDH), Draft Preliminary Study on Corporate Social Responsibility in the Field of Human Rights: Existing Standards and Outstanding Issues, CDDH(2012)012, Strasbourg, 4 June 2012. 14 Steering Committee for Human Rights (CDDH), Draft Feasibility Study on Corporate Social Responsibility in the Field of Human Rights, CDDH(2012) 017, Strasbourg, 16 November 2012. 15 European Social Charter, 18 October 1961, Turin, ETS. No. 35 and Revised European Social Charter, 3 May 1996, Strasbourg, ETS. No. 163. 16 Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, Oviedo, 4 April 1997, ETS. No. 164. 17 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Strasbourg, 28 January 1981, ETS No. 108. 18 See e.g. Recommendation CM/Rec(2012)3 of the Committee of Ministers to member States on the protection of human rights with regard to search engines, 4 April 2012; Recommendation CM/ Rec(2012)4 of the Committee of Ministers to member States on the protection of human rights with regard to social networking services, 4 April 2012; Human rights and business. Recommendation 1936 (2010), CoE, PACE, 6 October 2010. 19 CDDH, Draft Feasibility Study on Corporate Social Responsibility in the Field of Human Rights, CDDH(2012) 017, Strasbourg, 16 November 2012, 20-21.

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