From Critique to Action: A Capability Approach to Reimagining Human Rights Due Diligence
批评现行人权尽职调查（HRDD）以企业风险管理为中心，未能充分赋权权利持有者，并提出整合阿马蒂亚·森的能力方法，将HRDD从合规驱动转向真正尊重人权的过程。
Abstract Human Rights Due Diligence (HRDD), as outlined by the UN Guiding Principles on Business and Human Rights (UNGPs), is constrained by normative foundations that prioritize corporate risk management over meaningful engagement with rightsholders. This paper critiques these foundations, which limit HRDD’s capacity to foster substantive human rights respect and protection. We argue that HRDD, in its current form, fails to sufficiently empower rightsholders. To address these limitations, we propose integrating Sen’s capability approach into HRDD frameworks. This approach focuses on enhancing rightsholders’ freedoms and agency, allowing them to actively shape the processes that affect them. The capability approach presents a more inclusive, ethically robust model for HRDD, transforming it from a compliance-driven mechanism into a genuinely rights-respecting process. By realigning HRDD with the broader principles of Business and Human Rights (BHR), we emphasize the importance of prioritizing rightsholders’ voices, ensuring institutional support, legal mandates, and corporate accountability.