The Importance of National Human Rights Institutions from the Perspective of Business and Human Rights and the Examination of Human Rights and Equality Institution of Turkey in this Context


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KARAGEDİK B.

PUBLIC AND PRIVATE INTERNATIONAL LAW BULLETIN, cilt.42, sa.2, ss.579-618, 2022 (ESCI) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 42 Sayı: 2
  • Basım Tarihi: 2022
  • Doi Numarası: 10.26650/ppil.2022.42.2.982266
  • Dergi Adı: PUBLIC AND PRIVATE INTERNATIONAL LAW BULLETIN
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Sayfa Sayıları: ss.579-618
  • Anahtar Kelimeler: Business and Human Rights, the UNGPs, National Human Rights Institutions, Edinburgh Declaration, Human Rights and Equality Institution of Turkey
  • Galatasaray Üniversitesi Adresli: Evet

Özet

Attention is increasingly being given to the functions that can be undertaken by national human rights institutions with respect to the field of business and human rights. National human rights institutions are encouraged by the Global Alliance of National Human Rights Institutions (GANHRI) to be active in the area of business and human rights. The duties that can be assumed by these institutions are specified by the Edinburgh Declaration. Also, these duties are discussed in all three pillars (protect, respect, and remedy) of the United Nations Guiding Principles on Business and Human Rights (the UNGPs). Thus, the UNGPs stipulates that national human rights institutions should act not only to ensure access to remedy but also to promote the state's duty to protect human rights and the responsibility of companies to respect human rights. Additionally, the draft texts and optional protocol of the legally binding instrument on business and human rights give various roles to national human rights institutions. National human rights institutions around the world have already commenced research on human rights violations caused by business enterprises as well as by states. In this context, the Human Rights and Equality Institution of Turkey should act effectively to prevent business related human rights abuses and to expand awareness of the field of business and human rights in Turkey, based on the mandates given by Law No. 6701. The institution should thus engage in comprehensive activities in the context of the UNGPs' three pillars in parallel with comparable developments overseas.