Rights-holders
Description
Rightsholders are individuals who can make legitimate claims or demands against duty-bearers. 1 All people are considered rightsholders under the Universal Declaration of Human Rights, 2 but in particular contexts, there are often specific social groups whose human rights are not fully realized, respected or protected. 3
Biodiversity-related policies and activities are relevant to human rights (such as the right to a clean, healthy and sustainable environment) and may have the potential to adversely impact the rights of different rights-holder groups. Human rights and biodiversity are fundamentally interlinked and all human rights ultimately depend upon a healthy biosphere. 4 5 Healthy ecosystems, which depend on healthy biodiversity to function, provide people with essential drinking water, clean air and food. Every aspect of life and human health, as well as many non-material aspects of quality of life, are affected by these contributions that nature provides to people. 6 There are several human rights mechanisms and instruments that highlight and address the human rights impacts of biodiversity. For example, the Human Rights Council and the UN general Assembly recognize the right to a clean, healthy and sustainable environment, as well as the need to protect the ecosystems and biodiversity that underpin these rights. 7 8 9
Social Protection & Human Rights 1
United Nations (2011) 2
Right to Education Initiative (2022) 3
UNGA (2020) 4
Geneva Environment Network 5
IPBES (2019) 6
UNGA (2021) 7
UNGA (2022) 8
UNGA (2024) 9
Business relevance
The actions of a business enterprise or organization can have adverse affects (and also positive affects) on the human rights of rightsholders. 10 3 At the same time, businesses are subject to the responsibility to respect human rights throughout their operations, in accordance with international human rights standards. 2
Businesses frequently engage with stakeholders, but should understand that ‘rightsholder’ is a separate and distinct concept. All affected rightsholders are stakeholders but not every stakeholder impacted by a project or business operation will experience adverse risks to their human rights.
People are part of nature and rely upon it Impacts on nature can also limit the realization of human rights and vice versa. This is most clearly reflected in the UN’s recognition of the Right to a Clean, Healthy and Sustainable Environment - which explicitly recognizes the role of business enterprises – but other rights can also be affected, including the rights to food, clean air, clean water, health, culture and even the right to life. 11
United Nations (2011) 2
Right to Education Initiative (2022) 3
TNFD (2023) 10
UNEP and UN Human Rights (2021) 11