COVID-19, Business, and Human Rights

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.

Download Full-text

Introduction

Human Rights Unbound ◽

10.1093/oso/9780198863373.003.0001 ◽

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.

Download Full-text

Conceptualizing Work Integration Social Enterprises under International Human Rights Law

Business and Human Rights Journal ◽

10.1017/bhj.2021.6 ◽

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.

Download Full-text

Development of International Human Rights Law in Business and Human Rights: Clarity and Effectiveness as 'Norms of Conduct' for Companies

Impact ◽

10.21820/23987073.2021.3.38 ◽

2021 ◽

Vol 2021 (3) ◽

pp. 38-40

Author(s):

Emi Sugawara

Keyword(s):

Human Rights ◽

Associate Professor ◽

Theory And Practice ◽

International Human Rights Law ◽

Human Rights Law ◽

Global Business ◽

International Human Rights ◽

Human Rights Abuses ◽

Business And Human Rights ◽

International Human

Businesses have a significant impact on the lives of their employees, consumers and local people, and it is important that their rights are protected. That is why there are laws in place to this effect. However, despite such laws, stakeholders' rights and freedoms are not always respected, and in some countries, these laws don't exist at all, which is why the UN Guiding Principles on Business and Human Rights addresses human rights abuses committed in global business operations. But there remains a gap between the theory and practice of business and human rights. Associate Professor Emi Sugawara, Osaka University of Economics and Law, Japan, is seeking to bridge this gap. To this end, her team of frontline researchers of international human rights is working to reassess clarity and effectiveness of international human rights law as 'norms of conduct' for companies through a theoretical consideration. Ultimately, the researchers want to fill knowledge gaps related to business and human rights and influence Japanese society, effecting positive change.

Download Full-text

Responsible Business Conduct and State Laws: Addressing Human Rights Conflicts

Human Rights Law Review ◽

10.1093/hrlr/ngaa033 ◽

2020 ◽

Vol 20 (4) ◽

pp. 641-673

Author(s):

Arianne Griffith ◽

Lise Smit ◽

Robert McCorquodale

Keyword(s):

Human Rights ◽

Business Practices ◽

International Human Rights Law ◽

Business Enterprise ◽

Human Rights Law ◽

International Human Rights ◽

State Laws ◽

Business And Human Rights ◽

International Human ◽

Business Enterprises

ABSTRACT The business and human rights framework is based on pillars in which states should act to protect against the human rights impacts of business enterprises and the business enterprises should act in ways that do not lead to human rights impacts. Yet there is a gap in this framework in situations where a business enterprise may be willing to act but faces challenges in doing so due to the laws and practices of a state in which it operates. This international framework nevertheless places an expectation on businesses that they should still respect international human rights law as far as possible in these circumstances. No methods are offered for how this can be done in any coherent manner. This makes it very difficult for business enterprises, regulators and civil society to determine the type of compliance required. In this article, we explore this gap in the international framework and, based on empirical research, offer ways in which it can be closed. We propose a typology to assist in understanding the different conflicts between business practices and state laws that may occur, and recommend methods as to how to deal with these conflicts.

Download Full-text