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Introduction to the Human Rights Compliance Assessment

Introduction to the Human Rights Compliance Assessment. The Danish Industrialization Fund for Developing Countries. IFU. The Human Rights & Business Project. DIHR. DI. The Danish Institute For Human Rights. The Confederation of Danish Industries. NGOs. Businesses. Society.

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Introduction to the Human Rights Compliance Assessment

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  1. Introduction to the Human Rights Compliance Assessment Danish Institute for Human Rights

  2. The Danish Industrialization Fund for Developing Countries IFU The Human Rights & Business Project DIHR DI The Danish Institute For Human Rights The Confederation of Danish Industries Danish Institute for Human Rights

  3. NGOs Businesses Society Academic Institutions Religious groups Convention on the Elimination of all Forms of Racial Discrimination Universal Declaration of Human Rights International Human Rights Law Convention on the Rights of the Child International Covenant on Civil and Political Rights State Danish Institute for Human Rights

  4. THE DUTIES OF BUSINESS Danish Institute for Human Rights

  5. HRCA: 20 Human Rights are covered Universal Declaration of Human Rights (UDHR) Civil and Political Rights Right to life (UDHR Article 3) Right to liberty and security of person (UDHR Article 3) Freedom from forced labour/ servitude (UDHR Article 4) Freedom from torture, cruel, inhuman or degradingtreatment or punishment (UDHR Article 5) Right to a fair trial and to recognition as a person before the law (UDHR Articles 6, 7, 10, 11) Right to privacy (UDHR Article 12) Freedom of movement (UDHR Article 13) Freedom of opinion, expression, thought, conscience and religion (UDHR Articles 18, 19) Right to take part in government (UDHR Article 21) Right to peaceful assembly and freedom of association (UDHR Articles 20, 23(4)) Economic, Social and Cultural Rights Right to family life (UDHR Article 16) Right to own property (UDHR Article 17) Right to work and to just and favourable conditions at work (UDHR Articles 23, 24, 25) Right to an adequate standard of living (UDHR Articles 22, 25) Right to adequate health (UDHR Article 25) Right to adequate housing (UDHR Article 25) Right to adequate food (UDHR Article 25) Right to education (UDHR Article 26) Right to participate in cultural life (UDHR Article 27) Right to intellectual property (UDHR Article 27(2)) Each right is dealt with in 5 categories • The right under international law • The duties of business arising from the right • Suggestions for promoting and strengthening the right • Legal and cultural barriers to the right • Where to go for more information Danish Institute for Human Rights

  6. Country HR indicators • Civil and Political Rights • Economic, Social and Cultural Rights • Gender Commitment Rating from 1 to 8 for each area Danish Institute for Human Rights

  7. The HRCA Categories • Employment Practices A. Diversity and Discrimination B. Remuneration C. Working Practices D. Health and Safety E. Recruitment • Operational Practices (relates to surrounding community) A. Health, Safety and Security B. Government Relations C. Community Relations D. Environment • Land Usage A. Purchase/rental B. Land Management C. Decommissioning 4. Products/Marketing Practices A. Product Health and Safety B. Product Advertisements 5. Research and Development A. Product Developing B. Product Testing 6. Utilities and Service A. Housing B. Water Danish Institute for Human Rights

  8. HRCA ChecklistOperation type: employment practices, land purchases/usage, operational practices, public utilities/services Create worksheet Danish Institute for Human Rights

  9. Save worksheet and continue HRIA WorksheetOperation type:employment practicesDate: 04/03/04 Operation location: SudanHRIA made by: John Doe Danish Institute for Human Rights

  10. HRCA results sheet Summary of responses Recommended action Company human rights compliance: *You have recorded 23 potential non-compliances, *Your best record of compliance is in relation to the right to food, freedom from torture, and the right to a fair trial. *Your worst record of compliance is in relation to the right to own property, freedom of assembly, and the right to take part in government. Danish Institute for Human Rights

  11. HRCA consultation process Stage 1: Integrate cross-cutting rights issues Minorities Women Indigenous People Children Migrants Conflict Stage 2: Business  human rights dialogue IFU Novo Nordisk Carrefour Lego Shell BASF International Alert Essex University Pax Christi Save the Children Amnesty International Dutch HOM Stage 3: Resolve areas of disagreement Business & Human Rights Committee (10 members: 5 business + 5 human rights) Danish Institute for Human Rights

  12. HUMAN RIGHTS ANALYSIS SYSTEMShell Oman test • Country Risk Analysis • Focal Areas for Contractors • Human Rights Compliance Assessment (HRCA) • SWOT Analysis • Stakeholder Contacts • Public Reporting Danish Institute for Human Rights

  13. Christina Schultz Human Rights & Business Project Danish Institute for Human Rights Tel: +45 32 69 88 51 Email: Business@humanrights.dk www.humanrightsbusiness.org Danish Institute for Human Rights

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