State’s Responsibility in Regulating Business Corporations for Human Rights Violations: A Critical Analysis with Reference to Sri Lankan Constitutional La

This analysis examines the State’s obligation in regulating businesses that violate human rights, with critical focus on Sri Lankan constitutional law. The recognition of human rights violations by business entities has gained broad recognition under international law following World War II and the adoption of the Universal Declaration of Human Rights (UDHR). While businesses significantly impact human rights both positively and negatively, international treaties do not place direct obligations on companies. Instead, States enforce national laws requiring companies to respect human rights, though debate continues about corporate responsibility in this area. The United Nations Guiding Principles on Business and Human Rights (UNGPs), created by John Ruggie, outline the duties of governments and businesses in economic activity and provide relief for those affected.[1]These principles were established following extensive studies and consultations with global stakeholders and were endorsed by the United Nations Human Rights Council in 2011, further defining the roles of governments and businesses in addressing trade’s impact on human rights. In Sri Lanka, Business and Human Rights laws have been considered under constitutional law, specialized legislation and judicial activism under the Public Trust Doctrine. The Sri Lankan government made significant progress in October 2022 by adding the “Right to Life†provision to the Constitution through the 22nd Amendment.[2]However, the implementation occurred during Sri Lanka’s economic crisis, limiting its development and appreciation.