Střety zájmů při ochraně biodiverzity a klimatu
role in the adoption of the United Nations Global Compact (2000), 19 a non-binding set of 10 principles calling on businesses to protect human rights, especially workers’ rights, the environment, and to work against corruption. Above all, however, he was the UN Secretary-General’s Special Representative for Business and Human Rights. In this position, he succeeded in preparing two key documents which were later en dorsed by the UN Human Rights Council: Protect, Respect and Remedy: A Framework for Business and Human Rights (2008) 20 and the UN Guiding Principles on Business and Human Right s (2011). 21 These two documents laid the foundations for human rights due diligence. Their significance is so great that virtually every legal framework for human rights due diligence today is based on the principles contained in these two documents. John Ruggie can thus be considered the father of the concept of human rights due diligence. 22 John Ruggie devised the concept of human rights due diligence in order to minimize the negative impact of business operations on human rights in global value chains. He realized that in the 21st century, on the one hand, there had been rapid market ex pansion and an increase in the economic power of global economic players, while on the other hand, the regulatory capacity of States could not keep up with the rise of economic power of transnational businesses. 23 In many areas, including the protection of human rights, there were clear “governance gaps” which needed to be filled. 24 John Ruggie came up with the ingenious idea of using the economic power of businesses to fill governance gaps through private governance alongside public governance by States. Human rights due diligence is based on the idea that businesses themselves will take ap propriate measures to minimize negative impacts on human rights in their value chains. It was not a long journey from human rights due diligence to the broader sustain ability due diligence. From its inception, the concept of sustainable development has linked human rights and environmental protection, among other things. 25 The risks of negative impacts of business operations on both human rights and the environ ment were also explicitly recognized by the United Nations Global Compact, which 19 See https://unglobalcompact.org/. 20 Human Rights Council. Protect, Respect and Remedy: A Framework for Business and Human Rights . Online. 7. 4. 2008. A/HRC/8/5. Available at: https://docs.un.org/A/HRC/8/5 [citováno 20250831]. 21 Human Rights Council. Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework . Online. 21. 3. 2011. A/HRC/17/31. Available at: https://docs.un.org/A/HRC/17/31 [citováno 20250831]. 22 DUVAL, Antoine. Ruggie’s Double Movement: Assembling the Private and the Public Through Human Rights Due Diligence. Nordic Journal of Human Rights. 2023, Vol. 41, No. 3, pp. 279303. DOI: htt ps://doi.org/10.1080/18918131.2023.2171633. 23 Human Rights Council, Protect, Respect and Remedy: A Framework…, op. cit. , para. 3, 11, 17, 104. 24 Ibidem . 25 ZAVŘELOVÁ, Veronika – MACGREGOR PELIKÁNOVÁ, Radka. “Sustainable development” in con temporary EU law: solving the semantic puzzle. The Lawyer Quarterly . 2024, Vol. 14, No. 4, pp. 481496.
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