E/C.12/GC/24
the commencement of activities.45 Such consultations should allow for identification of the
potentially negative impact of the activities and of the measures to mitigate and compensate
for such impact. They should also lead to design mechanisms for sharing the benefits
derived from the activities, since companies are bound by their duty to respect indigenous
rights to establish mechanisms that ensure that indigenous peoples share in the benefits
generated by the activities developed on their traditional territories. 46
18.
States would violate their duty to protect Covenant rights, for instance, by failing to
prevent or to counter conduct by businesses that leads to such rights being abused, or that
has the foreseeable effect of leading to such rights being abused, for instance through
lowering the criteria for approving new medicines, 47 by failing to incorporate a requirement
linked to reasonable accommodation of persons with disabilities in public contracts, by
granting exploration and exploitation permits for natural resources without giving due
consideration to the potential adverse impacts of such activities on the individual and on
communities’ enjoyment of Covenant rights, by exempting certain projects or certain
geographical areas from the application of laws that protect Covenant rights, or by failing to
regulate the real estate market and the financial actors operating on that market so as to
ensure access to affordable and adequate housing for all. 48 Such violations are facilitated
where insufficient safeguards exist to address corruption of public officials or private-toprivate corruption, or where, as a result of corruption of judges, human rights abuses are
left unremedied.
19.
The obligation to protect sometimes necessitates direct regulation and intervention.
States parties should consider measures such as restricting marketing and advertising of
certain goods and services in order to protect public health, 49 such as of tobacco products, in
line with the Framework Convention on Tobacco Control,50 and of breast-milk substitutes,
in accordance with the 1981 International Code of Marketing of Breast-milk Substitutes
and subsequent resolutions of the World Health Assembly; 51 combating gender role
stereotyping and discrimination;52 exercising rent control in the private housing market as
required for the protection of everyone’s right to adequate housing; 53 establishing a
minimum wage consistent with a living wage and a fair remuneration; 54 regulating other
business activities concerning the Covenant rights to education, employment and
reproductive health, in order to combat gender discrimination effectively; 55 and gradually
eliminating informal or “non-standard” (i.e. precarious) forms of employment, which often
result in denying the workers concerned the protection of labour laws and social security.
20.
Corruption constitutes one of the major obstacles to the effective promotion and
protection of human rights, particularly as regards the activities of businesses. 56 It also
undermines a State’s ability to mobilize resources for the delivery of services essential for
the realization of economic, social and cultural rights. It leads to discriminatory access to
public services in favour of those able to influence authorities, including by offering bribes
45
46
47
48
49
50
51
52
53
54
55
56
6
A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 16;
and the United Nations Declaration on the Rights of Indigenous Peoples, art. 19.
See A/66/288, para. 102.
See A/63/263 and A/HRC/11/12.
See A/HRC/34/51, paras. 62-66.
See the Convention on the Rights of the Child; Committee on the Rights of the Child, general
comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s
rights, paras. 14, 19, 20, 56 and 57; World Health Organization, Set of Recommendations on the
Marketing of Foods and Non-Alcoholic Beverages to Children (2010); and World Health
Organization, A Framework for Implementing the Set of Recommendations on the Marketing of Foods
and Non-Alcoholic Beverages to Children (2012).
Of the World Health Organization.
See A/HRC/19/59, para. 16.
See the Convention on the Elimination of All Forms of Discrimination against Women, art. 5.
See the Committee’s general comment No. 4, para. 8 (c).
See the Committee’s general comment No. 23, paras. 10-16 and 19-24.
See the Convention on the Elimination of All Forms of Discrimination against Women, general
recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the
Convention, para. 13.
See Human Rights Council resolution 23/9 and General Assembly resolution A/RES/69/199.