From Critique to Action: A Capability Approach to Reimagining Human Rights Due Diligence

Abstract Human Rights Due Diligence (HRDD), as outlined by the UN Guiding Principles on Business and Human Rights (UNGPs), is constrained by normative foundations that prioritize corporate risk management over meaningful engagement with rightsholders. This paper critiques these foundations, which limit HRDD’s capacity to foster substantive human rights respect and protection. We argue that HRDD, in its current form, fails to sufficiently empower rightsholders. To address these limitations, we propose integrating Sen’s capability approach into HRDD frameworks. This approach focuses on enhancing rightsholders’ freedoms and agency, allowing them to actively shape the processes that affect them. The capability approach presents a more inclusive, ethically robust model for HRDD, transforming it from a compliance-driven mechanism into a genuinely rights-respecting process. By realigning HRDD with the broader principles of Business and Human Rights (BHR), we emphasize the importance of prioritizing rightsholders’ voices, ensuring institutional support, legal mandates, and corporate accountability.