Implementing ‘Responsible Business Conduct’ Approaches Under the UN Guiding Principles on Business and Human Rights at the Time of COVID-19

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1435-1450 | European Forum Insight of 10 November 2020 | (Table of Contents) I. Introduction. - II. COVID-19, human rights and shareholder primacy. - III. The UNGPs, the scope of the corporate responsibility to respect and the COVID-19 crisis. - IV. The content of the corporate responsibility to respect and the COVID-19 crisis. - V. Human rights due diligence and the COVID-19 crisis. - VI. Post-pandemic developments: the EU path towards mandatory human rights due diligence laws. - VII. Conclusions: actors, responsibilities and rights in the post-pandemic society. | (Abstract) COVID-19 has prompted unprecedented changes to daily life across the EU and has affected the enjoyment of many of the rights set out in human rights international treaties. While the current debate on the impact of COVID-19 on human rights mainly has focused its attention on the role of States, on the emergency measures they have to adopt to contain the Pandemic spread and on the measures they are urged to implement to safe-guard rights of individuals, less attention has been devoted to the role played by the private sector. The objective of the paper is exactly to review such a role and to assess, in the light of the UN Guiding Principles on Busi-ness and Human Rights (UNGPs), the scope and the content of the Corporate Responsibility to Respect (CRtoR). Under the UNGPs, in effect, enterprises are asked to implement responsible business conduct by respecting human rights in the course of their operations and throughout the entire value chain. Companies are asked to take the necessary measures to prevent their activities from having a negative impact on human rights and, if an impact is originated, to prevent, mitigate and remedy it. This framework applies of course also in respect to the human rights risks associated to pandemic outbreaks, such as the COVID-19 crisis.