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After a decade, different businesses adhere to the UN Guiding Principles on Business and Human Rights (UNGPs). Some key commercial entities, however, remain largely outside of the UNGPs universe, including professional service providers (PSPs) who are retained by businesses to provide expert advice and services. These advisors include lawyers, management consultants, architects and others. Some may have specialized units that provide advice on the UNGPs when retained solely for that purpose. But when asked to provide general commercial legal advice, to design a building, or restructure a business, such advisors do not typically appear to apply the UNGPs, to identify negative human rights impacts and tailor their advice in a way that prevents or mitigates such impacts. This article explores the connection between the advice provided by PSPs and negative human rights impacts. It underscores the critical need for these advisors to align their business processes and advisory services with the UNGPs to avoid being enablers of human rights abuses.
While it is permissible to switch the trolley in the classic Switch case, it is not permissible to push the stranger in the classic Footbridge (aka, ‘Push’) case. But what may we do in cases that offer both a ‘switch-like’ option and a ‘push-like’ option? Surprisingly, we may choose the push-like option, provided that it has better consequences than the switch-like option. We arrive at this conclusion by taking ourselves seriously – not just as agents who might redirect threats – but as threats who might be redirected by agents.