![]() These could be judicial, administrative, legislative or other appropriate measures. Our country has also recognized all the individual complaint mechanisms put in place by the UN treaties that have been ratified.”Īction point 3, Formulation de recommandations en vue d’améliorer l’accès à un mécanisme de reparation judiciaire mentions that “The authorities have a duty to guarantee the access to effective remedial measures to victims of human rights violations by companies and organizations. In 2000, Belgium also ratified the Rome Statute, which established the International Criminal Court.”Īlso, “Belgium has made continuous efforts to ensure a high level of respect for these rights and taken an active role in the development of international standards for the protection of human rights and their promotion. The Belgian State was among the first to subscribe to OECD guidelines issued for multinational enterprises. On the other hand, our country has also adopted / ratified the majority of international human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, numerous International Labor Organization treaties, including the fundamental conventions, and the European Convention on Human Rights. Firstly, the Belgian Constitution, Chapter II “Belgians and their rights”, recognizes a large number of basic civil, political, economic, social and cultural rights. The NAP explains that “Belgium has a particularly broad framework for the protection of human rights. In Section 4 “The Belgian Framework on business and human rights” p. The NAP explicitly states that “the action plan and the baseline mapping specifically address the first and third pillars of United Nations Guiding Principles on Business and Human rights, namely the obligation of the state to protect people, when third parties, including companies, infringe on human rights and need to ensure that victims of human rights violations have access to effective remedy.” In Section 4 “Scope of the action plan” p.7: States also have the duty to protect and promote the rule of law, including by taking measures to ensure equality before the law, fairness in its application, and by providing for adequate accountability, legal certainty, and procedural and legal transparency. ![]() While States generally have discretion in deciding upon these steps, they should consider the full range of permissible preventative and remedial measures, including policies, legislation, regulations and adjudication. However, States may breach their international human rights law obligations where such abuse can be attributed to them, or where they fail to take appropriate steps to prevent, investigate, punish and redress private actors’ abuse. Therefore, States are not per se responsible for human rights abuse by private actors. The State duty to protect is a standard of conduct. This includes the duty to protect against human rights abuse by third parties, including business enterprises. States’ international human rights law obligations require that they respect, protect and fulfil the human rights of individuals within their territory and/ or jurisdiction. This requires taking appropriate steps to prevent, investigate, punish and redress such abuse through effective policies, legislation, regulations and adjudication. States must protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises.
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