Incorporating Rights

2021 ◽  
Author(s):  
Erika George
Keyword(s):  
At Risk ◽  
Human Rights ◽  
Emerging Market ◽  
Codes Of Conduct ◽  
Sustainability Reporting ◽  
Building Blocks ◽  
Alternative Form ◽  
Business Practices ◽  
Corporate Accountability ◽  
Human Rights Abuses

Incorporating Rights: Strategies to Advance Corporate Accountability examines existing and emerging advocacy strategies that could conceivably close a global governance gap that puts human rights at risk and places commercial actors at risk of becoming complicit in human rights abuses when conducting business in emerging market economies and complex environments. Corporate codes of conduct, sustainability reporting, and selected multistakeholder initiatives are presented as the building blocks of a system of soft law that could solidify to become binding baseline standards for better business practices. This book explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides accounts of the creation of industry sector regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses. It examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. This book argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and implemented consistent with respect for human rights. Where concerned consumers and investors exercise preferences for products that are not associated with abuse and have access to information on corporate performance and risks posed to human rights, there is potential to change corporate conduct. Societal expectations are increasing and evolving.

Global Policy Initiatives to Regulate Business Responsibility and Human Rights

2021 ◽  
pp. 63-104
Author(s):  
Erika George
Keyword(s):  
At Risk ◽  
Human Rights ◽  
Policy Instruments ◽  
Ethnographic Research ◽  
Business Practices ◽  
Human Rights Abuses ◽  
Global Policy ◽  
Policy Initiatives ◽  
Business And Human Rights ◽  
Rights Issues

In view of the shortcomings of corporate law and international law, this chapter argues that pragmatic global policy instruments can provide a strong foundation for promoting changes in business practices and providing greater protection by closing the governance gaps that place human rights and the environment at risk. This chapter traces the trajectory of international policy initiatives advanced to address the governance gap culminating in the endorsement of the UN Framework and Guiding Principles on Business and Human Rights, which seek to translate human rights issues into corporate responsibility imperatives. Based on the author’s analysis of primary UN documents and commentaries; interviews with different stakeholder constituencies in the policymaking process, including corporate representatives and rights activists; ethnographic research, including participation in and observations of the annual proceedings of the UN Forum on Business and Human Rights; and interviews with members of the UN Working Group on Business and Human Rights, the chapter will show that while the consensus formed around global policy instruments is fragile, certain aspects of the Framework appear to be gaining traction as authoritative among those stakeholders best situated to address or avoid human rights abuses.

Corporate (Non-)Accountability and Human Rights

2018 ◽  
Vol 46 (4-5) ◽  
pp. 503-523
Author(s):  
Stéfanie Khoury
Keyword(s):  
Human Rights ◽  
Global Economy ◽  
Codes Of Conduct ◽  
Washington Consensus ◽  
Corporate Accountability ◽  
Criminal Courts ◽  
Race To The Bottom ◽  
Alternative Approach ◽  
Binding Mechanisms

Abstract The role of business in violations of human rights has been at the heart of international debates for decades. As early as the 1970s attempts were made at the UN by Global South nations (known as the G-77) to establish internationally-binding mechanisms to address corporate violations of human rights. Ultimately, those attempts were watered down into “codes of conduct”. In the early 1990s, the “Washington Consensus” was used to steer states to deregulate and restructure their economies in a race-to-the-bottom that placed emphasis upon integrating the global economy over human rights and environmental protections. Although corporate violations existed before, it was only at this juncture that many human rights cases were brought into public view. Some litigation was pursued, but it was most often in tort, and sometimes in criminal courts. This article argues that the existing regional human rights courts have bolstered corporate human rights, while at the same time have remained on the sidelines of addressing corporate accountability. The emergent ASEAN human rights system has not yet developed a human rights court. The article suggests that there are key grassroots movements shaping human rights discourses around corporate accountability through the region and that these offer exciting prospects for an alternative approach to addressing corporate accountability through a prospective supervisory mechanism.

Accountability, asbestos and indigenous rights: The case of Baryulgil

2011 ◽  
Vol 16 (4) ◽  
pp. 439-457 ◽  
Author(s):  
Lee C. Moerman ◽  
Sandra L. van der Laan
Keyword(s):  
Human Rights ◽  
New South ◽  
Indigenous Rights ◽  
Environmental Issues ◽  
Historical Study ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
South Wales ◽  
Corporate Entity ◽  
History Of

This paper documents the history of paternalistic state policies and the effects of asbestos mining on the Indigenous community at Baryulgil in northern New South Wales. Despite the lack of profitability, the asbestos operations continued for over 30 years leaving a legacy of asbestos-related health and environmental issues. The shift of responsibility for Indigenous welfare from the State to a corporate entity is evidenced in this historical study using the lens of historical institutionalism. The Baryulgil case is instructive in a number of ways: it demonstrates the subtlety with which human rights abuses can occur in an environment where paternalistic attitudes towards Indigenous peoples prevail; it demonstrates the clash between pursuit of corporate objectives and human rights; and finally it demonstrates the lack of corporate accountability in the asbestos industry.

Achieving Access to Justice in a Business and Human Rights Context

2022 ◽  
Author(s):  
Virginie Rouas
Keyword(s):  
Human Rights ◽  
Multinational Enterprises ◽  
Environmental Damage ◽  
Access To Justice ◽  
Due Diligence ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
Starting Point ◽  
Parent Companies

Multinational enterprises (MNEs) can contribute to economic prosperity and social development in the countries where they operate. At the same time, their activities may directly or indirectly cause harm to humans and to the environment. However, MNEs are rarely held accountable for their involvement in human rights abuses and environmental damage. In recent years, activists have challenged corporate impunity by introducing innovative claims seeking to hold parent companies directly liable for the harm caused by their group’s activities. They have also strategically used this type of litigation to trigger corporate accountability reforms at international, regional, and national levels. Using national litigation experiences as a starting point and focusing on European civil-law countries, the book evaluates the extent to which litigation against MNEs has been effective in achieving access to justice and corporate accountability. It also considers whether ongoing regulatory developments, such as the adoption of mandatory human rights due diligence norms and the negotiations for a business and human rights treaty, can contribute to the realisation of access to justice and corporate accountability in the future.

scholarly journals Night-time confinement is an unacceptable hospital practice

2018 ◽  
Vol 43 (1) ◽  
pp. 35-37
Author(s):  
George Szmukler
Keyword(s):  
At Risk ◽  
Human Rights ◽  
Night Time ◽  
Hospital Practice ◽  
Human Rights Abuses ◽  
Therapeutic Purpose ◽  
Practice Standards ◽  
Degrading Treatment ◽  
Accepted Practice ◽  
Acceptable Measure

SummaryNight-time confinement, currently imposed as a blanket restriction on all patients on wards in UK high secure hospitals, constitutes an arbitrary restriction of liberty, not being based on any therapeutic purpose for those so restricted, nor serving a need for the protection of others. Its imposition constitutes a form of ‘degrading’ treatment as well as an unjustified restriction of ‘residual’ liberty. Persons who are vulnerable, especially those who are involuntarily detained as in this case, are particularly at risk of suffering human rights abuses. A compelling case can be made, based on ethics, law and accepted practice standards, for ruling out night-time confinement as an acceptable measure.Declaration of interestNone.

scholarly journals Human rights disasters, corporate accountability and the state

2016 ◽  
Vol 29 (4) ◽  
pp. 679-704 ◽  
Author(s):  
Javed Siddiqui ◽  
Shahzad Uddin
Keyword(s):  
Human Rights ◽  
Empirical Work ◽  
The State ◽  
Economic Conditions ◽  
Corporate Accountability ◽  
Economic Changes ◽  
Content Type ◽  
Human Rights Abuses ◽  
Guiding Principle ◽  
State Actors

Purpose – The purpose of this paper is to examine the state-business nexus in responses to human rights violations in businesses and questions the efficacy of the UN guiding principles on human rights in businesses, in particular in the ready-made garments (RMG) industry in Bangladesh. Drawing on Cohen’s notion of “denial” and Black’s (2008) legitimacy and accountability relationships of state and non-state actors, the study seeks to explain why such “soft” global regulations remain inadequate. Design/methodology/approach – The empirical work for this paper is based on the authors’ participation in two multiple-stakeholder advisory consultation meetings for the RMG sector in Bangladesh and 11 follow-up interviews. This is supplemented by documentary evidence on human rights disasters, responses of the state and non-state actors and human rights reports published in national and international newspapers. Findings – The paper provides clear evidence that the state-business nexus perpetuates human rights disasters. The study also shows that the Bangladeshi state, ruled by family-led political parties, is more inclined to protect businesses that cause human rights disasters than to ensure human rights in businesses. The economic conditions of the RMG industry and accountability and legitimacy relationships between state and non-state actors have provided the necessary background for RMG owners to continue to violate the safety and security of the workplace and maintain inhumane working conditions. Research limitations/implications – Complex state politics, including family, kinship and wealthy supporters, and economic circumstances have serious implications for the efficacy of the UN guiding principle on human rights for business. This paper calls for broader political and economic changes, nationally and internationally. Originality/value – The study highlights the perpetuation of corporate human rights abuses by the state-business nexus, and indicates that human rights issues continue to be ignored through a discourse of denial. This is explained in terms of legitimacy and accountability relationships between state and non-state actors, bounded by complex political and economic conditions.

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