Examining the Adequacy of Laws to Ensure the Protection of Human Rights in Business Corporations: Sri Lankan Perspective

Abstract

This article explores the State’s responsibility in monitoring businesses that violate human rights, with a focus on Sri Lanka’s legal framework. States are obligated to uphold human rights nationally and internationally, transcending cultural relativism. This study will follow the doctrinal research methodology and will analyze the infringement of human rights by businesses within the established realm of International Law, referencing key treaties like International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic ,Social and Cultural Rights (ICESCR), and European Convention of Human Rights (ECHR) to recognize the state responsibility in monitoring businesses that violate human rights. John Ruggie’s Guiding Principles on Business and Human Rights ,endorsed by the UN Human Rights Council in 2011 provides a global framework for governments and businesses, outlining their roles and responsibilities. Examining the legal landscape in Sri Lanka, the article reviews constitutional law, specialized legislation, and judicial activism guided by the Doctrine of Public Trust which focuses on the relationship between businesses and human rights. Business activities, vital for development, are regulated by laws including the Company Act, Environmental Law, and ESG Law. Violations lead to prosecution under the Penal Code, emphasizing the State’s duty to scrutinize businesses infringing on human rights. In conclusion, this article highlights the State’s pivotal role in overseeing businesses, ensuring adherence to national laws, norms, and regulations, and upholding individual rights while focusing on international conventions, judicial decisions and general principles of law.