Debida diligencia según los principios rectores de naciones unidas para empresas y derechos humanos: análisis de su utilidad para determinar la infracción al deber de cuidado en el juicio de responsabilidad civil

Considering that Chile does not have an exhaustive Due Diligence law or regulation in accordance with the UNGP, the purpose of this paper its to identify connection points between UNGP’s Due Diligence and the violation of a duty of care needed to establish civil liability. We argue that UNGP’s Due Diligence is useful to the civil court to rule the case, since it allows to specify diligence criteria to establish a duty of care infringement such as foreseeability, control of the activity and intensity of the impacts; through UNGP’s impact typology and its severity and control parameters, constituting a framework that conceptualizes what implies a human rights risk or what is dangerous to human rights, within companies or business holdings activities. The analysis of UNGP’s utility is proposed under the International Human Rights Law obligation to protect human rights falling under the civil jurisdiction, considering the problem posed by national doctrine and case law regarding how to determine what is foreseeable, what is under control, as well as what is dangerous, in order to be able to attribute civil liability.