A comparative study of Iran legal order in facing the guiding principles of business and human rights (john ruggie Principles) approved in 2011

Document Type : Original Article

Authors

1 PhD in Oil and Gas Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 PhD student of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

3 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran , Babolsar, Iran

Abstract

Nowadays, in line with the 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 make 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 cases of human rights violations, it has made it possible for the victim to file a lawsuit and claim damages. Based on this, due to the "soft law" nature of the guiding principles, the Human Rights Council has requested that states try to develop a binding document for commercial companies to comply with human rights obligations in the 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 state 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 this fact, Iran's legal order, adhering to the main documents in the field of human rights, does not have specific and clear rules in the fields of business and human rights. Although it is possible to infer a harmonized approach based on the guiding principles from the perspective of existence laws, it is necessary to provide the grounds for presenting the national action plan and establishing new regulations by clarifying the guiding principles.

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History

  • Receive Date: 22 October 2023
  • Revise Date: 05 December 2023
  • Accept Date: 11 January 2024

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