The role of the state in ensuring respect for human rights in the activities of business entities

The article examines the role of the state in ensuring respect for human rights in the activities of business entities. The author analyzes the change from the traditional paradigm of responsibility for human rights observance exclusively by the state to the modern concept that provides for the active participation of business in this process. Particular attention is paid to the UN Guiding Principles on Business and Human Rights, which established three main components: the duty of the state to protect human rights, the responsibility of business to respect human rights and the need to ensure access to effective legal remedies. The paper substantiates that the state, as the main guarantor of human rights and freedoms, acts on the basis of the concept of a «social contract» taking into account the balance of collective and individual interests. The multifaceted role of the state is revealed not only as a mechanism of coercion, but also as a social institution that ensures the well-being of citizens. An inextricable link has been established between the principle of respect for human rights, democracy and the rule of law, as well as the interdependence between respect for human rights and international security. The author analyzes current trends in the development of the concept of responsible business, according to which business entities should not only make a profit, but also achieve social values and ensure respect for human rights. The features of regulating these relations through «soft law» instruments are considered, which demonstrate high efficiency due to the involvement of the business community in resolving human rights issues. The example of Ukraine shows practical steps towards the implementation of international standards in this area, in particular the creation of an Intersectoral Platform of Experts to Promote Standards of Respect for Human Rights in Business. The conclusions substantiate the formation of a new paradigm of socio-economic relations, where state institutions and business operate on the basis of social partnership within the framework of a new social contract. The need for a critical rethinking of established principles of legal understanding and application, as well as consolidation of the efforts of the state, business and civil society to ensure an anthropocentric and environmentally oriented model of economic development, is emphasized.

Authors

Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-04-29
DOI
https://doi.org/10.24144/2788-6018.2025.02.48
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

The role of the state in ensuring respect for human rights in the activities of business entities

O. S. Bai
Analytical and Comparative Jurisprudence
Ukrainian Legal and Forensic Studies
article

The role of the state in ensuring respect for human rights in the activities of business entities

O. S. Bai
article en

Abstract

The article examines the role of the state in ensuring respect for human rights in the activities of business entities. The author analyzes the change from the traditional paradigm of responsibility for human rights observance exclusively by the state to the modern concept that provides for the active participation of business in this process. Particular attention is paid to the UN Guiding Principles on Business and Human Rights, which established three main components: the duty of the state to protect human rights, the responsibility of business to respect human rights and the need to ensure access to effective legal remedies. The paper substantiates that the state, as the main guarantor of human rights and freedoms, acts on the basis of the concept of a «social contract» taking into account the balance of collective and individual interests. The multifaceted role of the state is revealed not only as a mechanism of coercion, but also as a social institution that ensures the well-being of citizens. An inextricable link has been established between the principle of respect for human rights, democracy and the rule of law, as well as the interdependence between respect for human rights and international security. The author analyzes current trends in the development of the concept of responsible business, according to which business entities should not only make a profit, but also achieve social values and ensure respect for human rights. The features of regulating these relations through «soft law» instruments are considered, which demonstrate high efficiency due to the involvement of the business community in resolving human rights issues. The example of Ukraine shows practical steps towards the implementation of international standards in this area, in particular the creation of an Intersectoral Platform of Experts to Promote Standards of Respect for Human Rights in Business. The conclusions substantiate the formation of a new paradigm of socio-economic relations, where state institutions and business operate on the basis of social partnership within the framework of a new social contract. The need for a critical rethinking of established principles of legal understanding and application, as well as consolidation of the efforts of the state, business and civil society to ensure an anthropocentric and environmentally oriented model of economic development, is emphasized.

Analytical and Comparative Jurisprudence(2)
Openalex Percentile: Top 90%
Ukrainian Legal and Forensic Studies
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