scholarly journals Including Disability in Business and Human Rights Discourse and Corporate Practice

2021 ◽  
pp. 1-24
Author(s):  
Michael Ashley STEIN ◽  
Ilias BANTEKAS
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
Disabled Persons ◽  
Disability Rights ◽  
Employment Practices ◽  
Persons With Disabilities ◽  
Business And Human Rights ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Self Enforcement

Abstract Despite significant progress in business and human rights (BHR) discourse and the practices of multinational corporations (MNCs), persons with disabilities and disability rights are absent from both the key instruments and practice of BHR. This lacuna exists despite the near-universal ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities, as well as the fact that disabled persons constitute over 15 per cent of the global population and MNC operations impact them greatly and disproportionately. We argue that MNCs have a central role, responsibility and opportunity to foment change globally in fulfilling the human rights of persons with disabilities through their employment practices and by leveraging their economic power to fulfil other aspects of disability-based human rights. Doing so requires the development and self-enforcement of disability-specific human rights due diligence (HRDD) processes, and creating a general culture of diversity, equity and inclusion that encompasses disability.

scholarly journals Refugees with Disabilities: A Human Rights Perspective

Refuge ◽  
2001 ◽  
pp. 23-30
Author(s):  
Lina Anani
Keyword(s):  
Human Rights ◽  
Selection Criteria ◽  
Preliminary Survey ◽  
Disability Rights ◽  
International Level ◽  
Persons With Disabilities ◽  
Human Rights Movement ◽  
Rights Discourse ◽  
Movement Disability ◽  
Human Rights Discourse

This paper will provide a preliminary survey of the evolution and positioning of disability rights as human rights and the discrepancy between Canadian resettlement policies with regard to refugees and Canada's rhetoric with regard to persons with disabilities. Some of the activities of the disability rights movements are outlined and significant achievements at the international level through the United Nations are examined. Similar to the women's human rights movement, disability rights are also emerging from the margins towards the mainstream of human rights discourse. Canada's legislation and policies towards persons with disabilities have mirrored these developments in providing protection. However, for refugees with disabilities the benefits seem minimal. In fact, while proclaiming the rhetoric of disability rights to its own citizens, Canada has implemented policies which are discriminatory towards refugees with disabilities. Canada's overseas resettlement selection criteria is at odds with its domestic and international positions regarding the human rights of persons with disabilities.

scholarly journals The Convention on the Rights of Persons with Disabilities and the social model of health: new perspectives

2014 ◽  
pp. 74 ◽  
Author(s):  
Penelope Weller
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Model ◽  
Persons With Disabilities ◽  
People With Mental Illness ◽  
European Court ◽  
The Social ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Health Laws

Contemporary mental health laws are embedded in basic human rights principle, and their ongoing evolution is influenced by contemporary human rights discourse, international declarations and conventions, and the authoritative jurisprudence of the European Court of Human Rights (ECrtHR). The<em> Convention on the Rights of Persons with Disabilities</em> (CRPD) is the most recent expression of international human rights applicable to people with disability including people with mental illness.3 It provides a fresh benchmark against which to assess the human rights compatibility of domestic mental health laws.

Guest Editors’ Introduction: Human Rights and Business

2012 ◽  
Vol 22 (1) ◽  
pp. 1-7 ◽  
Author(s):  
Wesley Cragg ◽  
Denis G. Arnold ◽  
Peter Muchlinski
Keyword(s):  
Human Rights ◽  
Special Issue ◽  
Business And Human Rights ◽  
History Of ◽  
Rights Discourse ◽  
Human Rights Discourse

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

INTEGRATING THE “BUSINESS AND HUMAN RIGHTS” DISCOURSE INTO THE UNIVERSITY CLASSROOM THROUGH COLLABORATIVE LEARNING

2019 ◽  
Author(s):  
Núra Reguart-Segarra ◽  
Maria Chiara Marullo ◽  
Victoria Camarero-Suárez ◽  
Francisco Javier Zamora-Cabot ◽  
Julia José Carceller-Stella
Keyword(s):  
Human Rights ◽  
Collaborative Learning ◽  
Business And Human Rights ◽  
Rights Discourse ◽  
The University ◽  
Human Rights Discourse

Taking Root

2017 ◽  
Author(s):  
James Ron ◽  
Shannon Golden ◽  
David Crow ◽  
Archana Pandya
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Foreign Aid ◽  
Multinational Corporations ◽  
Public Support ◽  
Global South ◽  
Cultural Domination ◽  
Rights Discourse ◽  
Complex Relationships ◽  
Human Rights Discourse

The number of rights organizations worldwide has grown exponentially, as the term “human rights” becomes increasingly common among politicians and civil society activists. As international donors pour money into global human rights promotion, many governments—as well as scores of scholars and activists—fear a subtle, Western-led campaign for political, economic, and cultural domination. This book asks: What do publics in the global South think? Drawing on surveys in India, Mexico, Morocco, and Nigeria, the book finds most people are in fact broadly supportive of human rights discourse, trust local, rights-promoting organizations, and do not view human rights as a tool of foreign powers. Pro-human rights constituencies, rather, tend to be highly skeptical of the U.S. government, of multinational corporations, and of their own governments. However, this generalized public support for the human rights “brand” is not grounded in strong commitments of public effort or money, or in dense social ties to the nongovernmental rights sector. Publics in the global South rarely give to their local rights groups, and few local rights organizations attempt to raise funds apart from foreign aid. This strategy is becoming increasingly untenable as governments crack down on foreign aid to civil society. The book also analyzes the complex relationships between religion and human rights, finding that public or social elements of religiosity are often associated with less support for human rights organizations. Personal religiosity, on the other hand, is often associated with more human rights support.

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

Housing as a Basic Human Right: A Reflection on South Africa

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Development ◽  
Urban Poor ◽  
Active Role ◽  
Human Right ◽  
Economic Rights ◽  
Development Agenda ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

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