Human Rights Risks in Business Operations
This is a non-exhaustive list of human rights risks and impacts common to many industries, to be used as a resource together with UNDP’s Human Rights Due Diligence Training Facilitation Guide and Human Rights Self-Assessment Training Tool.
The content was developed with the generous pro bono assistance of the international law firm Clifford Chance with support from the firm’s APAC offices, including in Perth, Sydney, Singapore and Hong Kong.
The list, regularly updated and extended, is informed by the relevant provisions of UN Human Rights Treaties, ILO Fundamental Conventions and the UN Guiding Principles on Business and Human Rights (UNGPs).
Terms of Employment
- Part-time or seasonal workers subject to unequal protections benefits and working conditions
- Workers not provided annual leave pursuant to local laws
- Significant use of contract workers or outsourced labour in business operations
- Workers are dismissed without regard to procedural safeguards
Wages and Workhours
- Wages are paid under unsafe circumstances exposing workers to violence, theft or other harms
- Wages provided are below the national minimum wage
- Wages, remuneration or documents are withheld to coerce workers
- Overtime is routinely unpaid
- Excessive overtime is required from employees
- Use of automation or artificial intelligence leads to a reduction in hours of work and/or increased redundancies for employees
- Wages do not cover basic needs including food, shelter, and education
Workplace Discrimination
- Discriminatory treatment of applicants or employees with disability
- Affirmative action policies to reduce discrimination in the workplace are absent
- Medical health information is used to discriminate in hiring process or against employees
- Business requires employees with a mental health illness to take unpaid leave or reduce their working hours
- Transgender and intersex employees do not have access to suitable bathroom facilities
- Migrant workers subjected to unfair recruitment and payment practices
Forced and Bonded Labour
- Salary deductions are made without authorization or employee’s knowledge
- Employer or hiring agency recruits using false advertising and/or contracts
- Employee movement restricted at housing facility and unable to leave work
- Employee’s identification, travel papers and/or other documents are withheld
Youth and Child Labour
- No procedures in place to ensure workers meet minimum age requirements
- Children of workers support parents at workplace or in supply chains
- Children are sexually exploited at work
- Children work in hazardous conditions
- Young or student workers experience workloads, tasks or conditions unsuitable for their age
- Child labour found in operations or supply chain or child labor risks are not monitored regularly
Health and Safety
Pollution and Toxic or Hazardous Chemicals
- Business does not undertake credible environmental impact assessments
- Waste is disposed of and handled unlawfully and/or improperly
- Business’s water consumption rates impose water scarcity on communities
- Business operations lead to significant loss of biodiversity
- Operations cause soil pollution in high concentrations that pose a risk to human health and/or the ecosystem
- Operations cause water pollution in high concentrations that pose a risk to human health and/or the ecosystem
- Operations cause air pollution in concentrations that pose significant risks to human health and/or the ecosystem
Land Use and Property Rights
- Business abuses women’s land and property rights
- Historic or traditional use of land by community or others are ignored
- Destruction of historical, cultural, religious or spiritual artefacts has taken place or at risk at site
- Business operations degrade land and do not make an effort to restore land to previous state
- Business infringes on land rights and property interest of surrounding communities leading to displacement
Inclusivity and Participation
- Business restricts employee religious worship and expression during rest periods
- Intimidation of union members and prohibition of participation in unions
- No engagement or non-recognition of union members
- Business does not comply with collective bargaining agreements
Community Impacts
- Operations affect cultural, spiritual or religious traditions of community
- Community members not given due and just compensation for business operations that affect them
- Lack of regular dialogue with local community on operational impacts
- Business operations diminish livelihood opportunities for surrounding community
Privacy
Gender-Based Discrimination
- Discrimination of woman employees based on age, caste, marital status, pregnancy or parenthood status, disability, HIV/AIDS
- Women restricted to specific jobs which may be low-paying and/or precarious
- There are no separate toilet and/or changing facilities available for men and women
- Women not provided facilities for breastfeeding
- Business exposes pregnant and nursing women to health risks, including reproductive health risks
- Female employees and candidates of employment subjected to virginity tests
- No benefits afforded to non-traditional families such as those with same-sex couples and adopted children
- Women not provided equal pay for equal work
Sexual Harassment
- Sexual harassment or threats of a sexual nature used to coerce work, to recruit or promote
- Sexual harassment or threats of sexual nature used to intimidate workers
- Sexual harassment policies do not exist
- Sexual or personal favours are exchanged for hiring or promotion
- Sexual harassment or violence by security guards
- Reporting of sexual harassment discouraged or victim stigmatised for doing so
Product Testing
- Testing not conducted in line with international ethical standards
- Business does not obtain free and informed consent from human subjects for research
- Product testing endangers or risk health of human subjects
- Testing or research involves persons who are mentally or physically incapable of giving consent
- Employees must participate in product testing or research experiments as condition of employment
- Children are used in research without consideration of international ethical standards
Advertisement, Marketing and Intellectual Property
- Use or promotion of hate speech in advertising or marketing campaign
- Use or promotion of discrimination in advertising or marketing campaign
- Advertising involves objectification or sexualization of women’s bodies
- No acknowledgement of collective ownership of intellectual property of Indigenous Peoples
- Customer privacy rights are abused or customer data is stored without consent or handled or used unprofessionally
- Business spreads information and propaganda in advertising and social media without checking factual accuracy
- Consumer health and safety, product safety and labelling, and responsible marketing efforts not undertaken in sufficient measure
Unlawful, Harmful or Discriminatory Use of Products or Provision of Services
- Military or security products produced by the business are used for torture or treatment contrary to international norms
- No steps taken to prevent the misuse of products produced by the business as torture devices
- Products are used to restrict voice or public participation
- Products with life-threatening properties not properly labelled
- Business refuses to provide services or products to LGBTI individuals
- Business sells products and services to vulnerable customers (based on social, economic or racial factors), who could not understand the contract or afford the product
- Business offers digital platforms, services or applications that may be exploited by persons who use the platforms to sexually abuse or otherwise exploit children
Misuse of Government Authority
- Business benefits from and/or otherwise supports government policies that violate human rights
- Special agreements are made to exempt business from laws protecting human rights
- Business influences or interferes with judicial proceedings
- Ineffective (or absent) internal grievance mechanism for employees to report abuses
- Business pursues legal action against human rights defenders that would limit public participant and debate over business practices or plans
Security
- Business operations increase the risk of attack from armed groups
- Employees are unreasonably exposed to assault, kidnapping or other external dangers
- Workers provided inadequate security gear or equipment given hazardous work context
- Business does not utilize security infrastructure or has inadequate security measures in place
- Due diligence is not conducted on private security contractors or providers
- Public or private security forces are not bound by rules of engagement or standard operating procedures
- Public or private security forces use artificial intelligence without adequate oversight or management
- Public or private security forces commit human rights abuse