Human Rights Diligence and Its Place in the Toolbox of Public Law
Contemporary human rights protection is affected by dysfunctions significantly undermining its credibility. Bias towards accountability for violations of civil and political rights rather than of economic, social and cultural rights – lack of human rights protection in international business and misuse of extraterritoriality for national interests count among such dysfunctions. This raises serious and contentious legal, ethical and political concerns. Yet such dysfunctions may be overcome if both public and private actors are committed to exercise human rights diligence, each within their scope of responsibility. These challenges will be approached from various angles, notably: human rights obligations incumbent on States under international law, conditions of extending the scope of current international human rights obligations to private law subjects and regional perspectives. Developments stimulated by such considerations have the potential to build up a new generation of public law.