Shreya Suman Thakur

 1st International Conference From Regulation to Responsibility: Legal, Environmental, Social, Technical, and Managerial Perspectives of Businesses In Association with the Competition Commission of India and Peter Lang International Academic Publishers "Businesses, Human Rights and Public Policy" By NAME: SHREYA SUMAN THAKUR Human Rights have gained significant importance in the modern era. Before establishing its importance and connection with the other two terms — Business and Public Policy — let's discuss what Human Rights mean and what their usage has, advantages, or disadvantages in the present-day scenario. What are Human Rights? Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. It includes the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone across the globe is entitled to these rights, without discrimination. Where do human rights come from? The Universal Declaration of Human Rights, adopted in 1948, laid the foundation for modern human rights. The United Nations' Guiding Principles for business and human rights provide the first global standard for preventing and addressing human rights harms from business activities. They make clear that governments have the duty to protect human rights and to provide access to a remedy when there is a breach, and that all businesses, regardless of size, sector, location, ownership, or structure, have the responsibility to respect human rights. Why respect human rights? All individuals, companies, and businesses have a responsibility to respect human rights, meaning they must avoid infringing on others' rights. The reasons why everyone should respect human rights are as follows: To protect individual dignity, Human Rights ensure everyone has the right to live a life worthy of a human being, free from oppression and fear. In short, they help maintain a human being's dignity. To create a better society: By respecting human rights, societies can reduce conflict and create a more just, peaceful, and prosperous environment. This respect towards human rights includes protecting vulnerable minorities from tyranny and allowing individuals to participate fully in civil society. To ensure equality, Human rights are based on the principle of non-discrimination, meaning everyone is entitled to the same rights regardless of their background, ethnicity, gender, religion, or other characteristics. This principle promotes equality and fairness. To establish legal and moral obligations: Human rights laws obligate governments to protect their citizens and prevent violations of others' rights. They also create an ethical imperative for individuals and even businesses to act ethically and responsibly. To allow for freedom and self-expression: Respecting human rights means allowing individuals to choose their path, practice their religion, and express their opinions without fear of retaliation. This freedom is a core part of human dignity. Elements of Human Rights Basis of law: Human Rights are an inseparable part of both national and international laws. The Universal Declaration of Human Rights is the foundation of International Human Rights law. Human Rights are Purpose-Driven: These Human Rights govern how individuals live together in society. They also monitor the State, ensuring that citizens have fair choices in their lives and live free from fear and discrimination. Inherent in nature: The State does not grant any Human Rights; every human being enjoys them simply by virtue of being human. Human Rights are inalienable: no one can take them away. But there can be restrictions on them in certain circumstances, such as when someone breaks the law. Universality: Human rights apply to everyone, everywhere, without discrimination against citizens irrespective of their race, gender, religion, nationality, or any other status. Types of Human Rights 1. The right to life 2. Freedom from slavery and torture 3. Freedom of opinion and expression 4. The right to education and work 5. The right to health 6. The right to equality before the law 7. The right to freedom of thought Businesses, human rights, and public policy are interconnected fields. Governments create policies to ensure companies and industries respect human rights, and businesses are expected to implement due diligence and set policies to prevent harm in their operations and supply chains. Key elements of Human Rights are the UN Guiding Principles on Business and Human Rights. They define the responsibilities of both states and corporations, as well as National Action Plans (NAPs) that guide countries in implementing these principles. Importance of Human Rights in Businesses Identifying one's human rights impacts enables a person to assess and manage risks in their business. This assessment can protect a company and its reputation and open up new commercial opportunities. The government's duty to protect human rights is visible in UK law and regulations. Businesses in the UK comply with all applicable laws and respect human rights. For example, the Equality Act 2010 helps to fulfil the right to non-discrimination, and the Management of Health and Safety at Work Regulations 1999 help protect the right to a safe working environment. The place where people carry out business or public functions must comply with the Human Rights Act.. If you are unsure if a function you undertake is a public function, you should seek legal advice. If a citizen respects human rights in all their activities, they will comply with them. Failing to recognise and remedy human rights abuses may have serious consequences for a business, including negative media attention, loss of contracts, and, most seriously, closure. Example: In 2011, the BBC Panorama programme showed how members and staff of Winterbourne View hospital near Bristol routinely slapped, kicked, teased, and taunted disabled residents. The hospital's handling of this man prompted enforcement action by the Care Quality Commission and a criminal investigation by the police, leading to the hospital's closure. The firm that ran Winterbourne View went into administration in 2013. Public procurement rules allow the exclusion of tenderers from bidding for a public contract when there is information indicating that a firm or company has a history of misconduct. This rule might apply where the company is responsible for human rights breaches anywhere in the world. Businesses that understand their human rights impacts may open new opportunities when bidding for public sector contracts. Many companies also set out the standards they expect of businesses in their supply chain. Respect for human rights in the workplace can also help the owner attract and retain the best staff and improve productivity and performance. Transparent business practices help protect and promote human rights and minimise opportunities for corrupt behaviour. From 1 October 2013, companies listed on the stock exchange must annually report on their strategy, business model, and any human rights issues related to their business performance. This report enables people to hold public bodies to account, and may lead to greater public scrutiny of businesses. BUSINESSES' RESPONSIBILITIES TOWARDS HUMAN RIGHTS Businesses have a responsibility to respect human rights by avoiding negative impacts and, if those impacts occur, to provide remedies at the earliest. This responsibility requires firms to have a policy commitment to human rights, conduct ongoing due diligence to identify and address potential impacts throughout their operations and supply chains, and provide effective grievance and remediation processes for any adverse effects they cause or contribute to. 1. Corporate responsibility to respect: Businesses have a responsibility to avoid infringing on human rights through their own operations, supply chains, and business relationships. Businesses must have a public policy commitment to respect human rights, supported by senior management. 2. Human rights due diligence: Companies must implement a process to identify, prevent, mitigate, and account for human rights impacts. This implementation includes adopting a human rights policy, assessing risks, implementing measures, and providing access to grievance mechanisms. a) Assess impacts: Businesses should conduct ongoing human rights due diligence to identify, prevent, and mitigate any adverse effects on human rights. This vigilance includes understanding how a company's operations affect people and what rights are at risk. b) Consider the supply chain: Due diligence extends to the company's business relationships, including its suppliers and business partners, and not just its direct operations. C) Engage with stakeholders: Companies should engage with affected groups and communities to understand how their operations impact them.  3. Policies and Commitments: A company's human rights policy should cover issues such as child labour, forced labour, health and safety, non-discrimination, fair wages, and freedom of association Other Responsibilities: • Prevent abuse: Businesses should actively avoid infringing on human rights through their own activities and prevent or mitigate impacts linked to their operations, products, or services. • Support vulnerable groups: This support includes being mindful of the impacts on vulnerable groups or the weaker sections of society. Businesses should also, where appropriate, require free, prior, and informed consent from affected communities for projects that affect their lands, territories, or resources, particularly for indigenous peoples. • Communicate efforts: Companies should communicate their efforts and progress on human rights issues to external stakeholders. Remediation • Provide access to remedy: Businesses must have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to, in any section of society. Firstly, they should be careful to avoid the same; but in the event of any impact, access to remedies should be quick and safe. • Address grievances: The addressing of grievances includes establishing effective grievance mechanisms to handle and resolve complaints. • Account for impacts: Companies should explain the process through which they would address the adverse human rights impacts and track the effectiveness of their responses.  STATE'S RESPONSIBILITIES IN HUMAN RIGHTS The State's primary duty and responsibility with respect to human rights is to promote, protect, and fulfil the human rights of everyone within its jurisdiction. This statement means that the States must take action to ensure that citizens at all levels of society respect these rights and do not violate them. The actions include adopting laws and administrative measures, providing the necessary conditions for people to enjoy their rights, and refraining from interfering with those rights. States are responsible for their own actions and must also exercise due diligence to prevent private people from violating human rights and to investigate and prosecute such violations.  Key responsibilities of the States • Respect: States must refrain from interfering with or violating human rights. This violation includes not using methods like torture or enacting discriminatory laws. • Protect: States must take steps to ensure that private individuals and entities do not infringe the human rights of others. This infringement involves enacting and enforcing laws against private human rights abuses. • Fulfill: States have a positive obligation to take all necessary steps to ensure the full realisation of human rights. This realisation includes adopting legislation, policies, and administrative measures to create the social, economic, and political conditions for people to enjoy their rights. • Ensure jurisdiction: A state's obligations under human rights law apply to everyone within its territory or under its authority, including migrants, regardless of their status. • Provide remedies: States are responsible for investigating and prosecuting those who perpetrate human rights violations and providing remedies to victims. In a nutshell, the State is the guardian of all its citizens, so it has an unspoken responsibility to care for each of them, no matter where they live or belong. How states implement these responsibilities Legislation: States pass specific human rights laws, such as Bills of Rights or Human Rights Acts, or include human rights protections in other laws. Administration: States establish and properly monitor institutions and services that support human rights, such as social security systems. International commitments: States translate the promises made in international treaties and declarations into tangible commitments and laws at home.  State Policies: Governments create and implement policies, such as National Action Plans (NAPs), to guide and enforce the "Protect, Respect, and Remedy" framework nationwide. Public policy can include legislation that makes a company's responsibility to respect human rights legally enforceable. Governments can also incentivise or require businesses to integrate human rights considerations into their operations and supply chains through procurement policies, as in Halton Council's example, which requires care providers to demonstrate respect for clients' rights.  Interconnection Between Businesses, Human Rights, and Public Policy Public policy provides the legal and regulatory environment that encourages and mandates responsible business conduct regarding human rights. Policies play an essential role in this matter. The State not only introduces policies but also monitors their implementation nationwide. Business actions have significant impacts on the human rights of individuals and communities, both positive and negative. But with Government policies and regulations, the positive side is more visible than the negative. Effective implementation of the framework leads to better outcomes for workers, communities, and the business itself by turning potential risks into opportunities for a stronger reputation and more sustainable operations.  The UN Guiding Principles on Business and Human Rights (UNGPs) interconnect businesses, human rights, and public policy. They establish a framework that stands on three pillars —Protect, Respect, and Remedy. Under the three pillars of the UNGP, governments must "Protect" their citizens nationwide against abuses by third parties, including businesses. Businesses must "Respect" human rights through due diligence, and the government and industry together must ensure access to "Remedy" when abuses occur. Public policy supports the Remedies aspect by developing National Action Plans (NAPs) and enacting legislation. At the same time, businesses implement policies and undertake due diligence to mitigate harm and protect rights, such as non-discrimination, fair wages, and safe working conditions.  Conclusion The relationship among businesses, human rights, and public policy has become one of the most critical intersections in contemporary global governance. The role of companies is no longer limited to profit generation in today's world of economic interdependence, environmental crisis, and technological transformation. Instead, corporations are gaining recognition as key actors with social responsibilities that extend across borders and encompass human rights, equity, and sustainability. Governments and policymakers, in turn, are busy crafting frameworks that ensure economic growth and innovation do not come at the expense of human dignity or the planet's well-being. Businesses exert a profound influence on human rights outcomes, both positive and negative. On the one hand, they generate employment, foster innovation, and contribute to social welfare through taxation and community engagement. On the other hand, corporate operations, especially within complex global supply chains, can lead to labour exploitation and violations of indigenous and workers' rights. The globalised nature of production means that abuses can occur far from the point of consumption, creating layers of moral and legal distance between corporate headquarters and affected communities. Recognising the rights of a human being, international frameworks such as the UN Guiding Principles on Business and Human Rights (UNGPs) have emphasised that the responsibility to respect human rights is not optional or secondary, but integral to business conduct. However, voluntary corporate commitments alone are insufficient. Public policy plays an indispensable role in translating moral and ethical expectations into enforceable standards. Governments must balance attracting investment with safeguarding rights, often under pressure from both domestic constituencies and transnational economic actors. The emergence of mandatory human rights due diligence (mHRDD) laws in regions such as the European Union marks a significant step toward binding regulation, shifting the burden from consumers and advocacy groups to corporations themselves. These policies require businesses to identify, prevent, and remedy human rights harms throughout their value chains. By embedding accountability mechanisms in law, public policy can transform corporate social responsibility from a reputational concern into a structural norm. Yet effective governance demands more than legal compliance. It requires a cooperative ecosystem in which businesses, civil society, and state institutions align their goals toward shared human and environmental outcomes. Multi-stakeholder initiatives, transparency indices, and sustainability reporting frameworks exemplify the growing expectation that corporations demonstrate measurable progress toward respecting rights. In this sense, businesses are not merely regulated entities but participants in a broader social contract. The legitimacy of corporate power increasingly depends on its responsiveness to societal expectations and its contribution to collective well-being. The digital transformation of the economy further complicates the nexus between business, human rights, and policy. The rise of artificial intelligence, data-driven surveillance, and platform economies raises new ethical questions about privacy, labour rights, and algorithmic discrimination. Policymakers face the dual challenge of fostering innovation while preventing the entrenchment of new forms of inequality. Here, the principles established in the human rights domain—dignity, autonomy, and non-discrimination—serve as essential guides for shaping technology governance. Businesses that integrate human-rights-based approaches into their digital strategies not only mitigate reputational risks but also build trust in a world increasingly sceptical of corporate motives. Looking forward, the convergence of business ethics, human rights advocacy, and public governance will define the trajectory of global development. The future will likely demand hybrid regulatory models that combine state authority with market mechanisms and civil society oversight. Transparency, accountability, and participation will remain the cornerstones of legitimacy in both corporate and governmental practice. For businesses, this means embracing a paradigm shift, from viewing human rights compliance as a cost to understanding it as an investment in long-term resilience and social license to operate. For policymakers, it means crafting institutions that not only regulate but also enable responsible enterprise. In conclusion, the interdependence of businesses, human rights, and public policy reflects the complexity of our globalised world. Each domain shapes and constrains the others: businesses rely on stable, rights-respecting societies to thrive; human rights require economic actors to uphold ethical standards; and public policy must harmonise the two to pursue justice and sustainability. The ultimate challenge lies in moving beyond reactive regulation toward proactive collaboration—where profit and principle reinforce rather than oppose one another. Only through such integration can societies ensure that economic progress contributes not to exclusion and exploitation, but to dignity, equality, and collective prosperity for all. SOURCES United Nations Guiding Principles on Business and Human Rights (2011) OECD Guidelines for Multinational Enterprises International Labour Organisation (ILO) Conventions Corporate Sustainability Due Diligence Directive: Relevant academic and policy papers https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf https://www.undp.org/rolhr/business-and-human-rights https://www.ungpreporting.org/resources/how-businesses-impact-human-rights https://humanrights.wbcsd.org/wp-content/uploads/2017/11/WBCSD-CII_Business- Human-Rights-in-India_FINAL.pdf/ https://www.equalityhumanrights.com/sites/default/files/a_guide_to_business_and_human_rights_1_1.pdf https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf https://www.youtube.com/watch?v=6e8m8L9BFa4 https://www.youtube.com/watch?v=nDgIVseTkuE