Spain – Privatis

B. PILLAR I: The State duty to protect human rights


Guiding Principle 5. States should exercise adequate oversight in order to meet their international human rights obligations when they contract with, or legislate for, business enterprises to provide services that may impact upon the enjoyment of human rights.

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Guiding Principle 5 considers situations in which the State contracts with companies to provide services with a possible impact on the enjoyment of human rights. The lack of guarantees for the respect for human rights by companies which provide such services can have detrimental consequences for the State itself, not only in the field of reputation but also in the legal field.


1. The Public Administrations will exercise an adequate supervision of the possible impact on human rights when contracting the services of companies, both within and outside of Spanish territory. This supervision must take into account the criteria of the specialized institutions, in accordance with the application of the Spanish CSR Strategy.