Introduction

2020 ◽  
pp. 1-12
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
Theoretical Background ◽  
Social Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Scholarly Literature ◽  
Starting Point ◽  
International Human ◽  
Law Making

The introduction begins by setting out puzzles that any account of extraterritorial human rights obligations would need to address. These puzzles are meant to illustrate that economic and social rights bring to the fore two of the most foundational issues of international human rights law more broadly. These are, namely, what it means for a state to have a human rights obligation towards an individual, and how we justify the specification of the relevant right holder and duty bearer in each case. A clear textual basis or even a starting point is lacking in international law. Making reference to economic and social rights forces us to frame extraterritoriality as a question of identifying right holders and duty bearers. In turn, answering this question allows us to challenge conventional wisdom on extraterritoriality in general. The Introduction sets out the method, theoretical background, and aims of this book, outlining the arguments based on the analysis of legal practice and scholarly literature, and their implications.

COVID-19, Business, and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 433-449
Author(s):  
Surya Deva
Keyword(s):  
Human Rights ◽  
Full Range ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Economic Problems ◽  
Business And Human Rights ◽  
Starting Point ◽  
Good Starting Point ◽  
International Human

Abstract COVID-19 has affected the full range of human rights, though some rights holders have experienced a disproportionate impact. This has triggered debate about the respective obligations and responsibilities of states and business enterprises under international human rights law. Against this backdrop, this article examines critically whether the “protect, respect and remedy” framework operationalised by the UN Guiding Principles on Business and Human Rights is “fit for the purpose” to deal with the COVID-19 crisis. I argue that while the UNGPs’ framework provides a good starting point, it is inadequate to bring transformative changes to overcome deep-rooted socio-economic problems exposed by this pandemic. Realising human rights fully would not only require harnessing the potential of states’ tripartite obligations, but also move beyond limiting the responsibility of businesses to respect human rights.

Conceptualizing Work Integration Social Enterprises under International Human Rights Law

2021 ◽  
pp. 1-28
Author(s):  
Sarah HOFMAYER
Keyword(s):  
Human Rights ◽  
Social Enterprises ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Starting Point ◽  
International Human ◽  
Work Integration ◽  
Human Rights Standards

Abstract This article outlines one form Work Integration Social Enterprises (WISEs) can take under international human rights law. It builds on the conviction that social enterprises, and WISEs more specifically, are compatible with the foundations and principles human rights are built on. However, there is a lack of engagement with social enterprises generally, in international human rights law. Building on the characteristics of WISEs and substantive equality theories, it is suggested that they can be conceptualized under the heading of affirmative measures. It is expected that this conceptualization can provide a starting point for increasing the visibility of the sector, while simultaneously ensuring its compliance with human rights standards, most notably under the human right to work. The article further points out WISEs and social enterprises’ potential more generally, illustrating how businesses can position themselves as active agents contributing to the realization of human rights.

Sign in / Sign up

Export Citation Format

Share Document