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Guideline: Commentary Ch. IV Paragraph 38

Description A State’s failure either to enforce relevant domestic laws, or to implement international human rights obligations or the fact that it may act contrary to such laws or international obligations does not diminish the expectation that enterprises respect human rights. In countries where domestic laws and regulations conflict with internationally recognised human rights, enterprises should seek ways to honour them to the fullest extent which does not place them in violation of domestic law,
consistent with paragraph 2 of the Chapter on Concepts and Principles.

1 cases relating to 'Commentary Ch. IV Paragraph 38':

Title Issue Date filed Status
Human Rights Law Centre vs. Rio Tinto Rio Tinto former mine pollution impacts indigenous PNG commu 29 September 2020 Pending

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