نوع مقاله : علمی پژوهشی
نویسندگان
1 دکتری حقوق نفت و گاز، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2 دانشجوی دکتری حقوق بین الملل، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
3 استادیار گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Nowadays in line with increasing economic power of commercial companies, including multinational and transnational companies, and their commercial acts impacts on human rights, states can no longer be considered the only human rights violators. Therefore, the United Nations Human Rights Council approved a document in 2011 in order to clarify the relationship between "human rights" and "commercial activities" and making commercial companies more accountable. It is called "Guiding Principles on Business and Human Rights".
The aforementioned principles in the form of three main parts, while creating an obligation for states to protect human rights and basic freedoms, also make companies responsible for observing the principles of human rights. Also in human rights violations cases, it has made it possible for the victim to file a lawsuit and claim to damages. Based on this, due to the "soft law" nature of the guiding principles, the Human Rights Council has requested to states to trying to develop a binding document for commercial companies to comply with human rights obligations in form of "hard law. The Council has also asked the states to strengthen domestic legal systems by presenting a "National Action Plan" and enacting new regulations.
A review of states practice since the adoption of the Guiding Principles, particularly the creation of a working group in order to draft a binding document in 2014, shows growing acceptance. Despite the fact, Iran's legal system, adhering to the main documents in the field of human rights, does not have specific and clear rules in the field of business and human rights. Although it is possible to infer a harmonized approach based on the guiding principles from the existence laws perspective, it is necessary to provide the grounds for presenting the national action plan and establishing new regulations by clarifying the guiding principles.
کلیدواژه‌ها [English]
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