scholarly journals Fixing Meanings in Global Governance?

2020 ◽  
Vol 26 (4) ◽  
pp. 628-649
Author(s):  
David Jason Karp
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
The Other ◽  
Missed Opportunities ◽  
High Profile ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
Other Hand ◽  
Positive Action ◽  
Critical Literature

Abstract This article uses snapshots, rather than the ongoing flows of diffusion/contestation typically emphasized by constructivists, to explore the exercise of power through normative change. Its case is a high-profile Human Rights Council initiative: the UN Guiding Principles on Business and Human Rights (UNGP s). These UNGP s have successfully presented meanings as fixed while actually stretching those meanings’ boundaries. They reconceptualize what it means to “respect” and “protect” human rights. This is surprising given that the principles were framed as a conservative exercise at clarification, and under-noticed due to the legal rather than conceptual focus of the existing critical literature. To respect human rights, according to the UNGP s, agents need to take costly positive action. Furthermore, protect obligations come before respect. These are significant innovations. On the other hand, two missed opportunities of the UNGP s are their thin harm-based foundation for respect obligations, and their state centrism about who has duties to protect.

scholarly journals Outlining the Case for a Common Law Duty of Care of Business to Exercise Human Rights Due Diligence

2016 ◽  
Vol 1 (2) ◽  
pp. 179-202 ◽  
Author(s):  
Doug CASSEL
Keyword(s):  
Human Rights ◽  
Common Law ◽  
The Other ◽  
Duty Of Care ◽  
Human Rights Violations ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Other Hand ◽  
A Company ◽  
Human Rights Due Diligence

AbstractThis article outlines the case for a business duty of care to exercise human rights due diligence, judicially enforceable in common law countries by tort suits for negligence brought by persons whose potential injuries were reasonably foreseeable. A parent company’s duty of care would extend to the human rights impacts of all entities in the enterprise, including subsidiaries. A company would not be liable for breach of the duty of care if it proves that it reasonably exercised due diligence as set forth in the Guiding Principles on Business and Human Rights. On the other hand, a company’s failure to exercise due diligence would create a rebuttable presumption of causation and hence liability. A company could then avoid liability only by carrying its burden to prove that the risk of the human rights violations was not reasonably foreseeable, or that the damages would have resulted even if the company had exercised due diligence.

From a Stark Utopia to Everyday Utopias

2018 ◽  
Vol 60 (1) ◽  
pp. 575-606
Author(s):  
Michelle Staggs Kelsall
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Transnational Corporations ◽  
Public Domain ◽  
Due Diligence ◽  
Karl Polanyi ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
The United Nations ◽  
Human Rights Due Diligence

This article considers the emergence of the Business and Human Rights agenda at the United Nations (UN). It argues that the agenda can be seen as an example of the UN Human Rights Council attempting to institutionalise everyday utopias within an emerging global public domain. Utilising the concept of embedded pragmatism and tracing the underlying rationale for the emergence of the agenda to the work of Karl Polanyi, the article argues that the Business and Human Rights agenda seeks to institutionalise human rights due diligence processes within transnational corporations in order to create a pragmatic alternative to the stark utopia of laissez-faire liberal markets. It then provides an analytical account of the implications of human rights due diligence for the modes and techniques business utilises to assess human rights harm. It argues that due to the constraints imposed by the concept of embedded pragmatism and the normative indeterminacy of human rights, the Business and Human Rights agenda risks instituting human rights within the corporation through modes and techniques that maintain human rights as a language of crisis, rather than creating the space for novel, everyday utopias to emerge.

scholarly journals Televisão pública e direitos humanos. Uma análise da programação da TV Brasil e seu papel na difusão e na promoção do debate afirmativo sobre a Declaração Universal dos Direitos Humanos.

2016 ◽  
Vol 20 (1) ◽  
Author(s):  
Waldelio Pinheiro Do Nascimento Júnior
Keyword(s):  
Human Rights ◽  
Affirmative Action ◽  
Civic Education ◽  
Universal Declaration ◽  
The Other ◽  
Public Television ◽  
Mainstream Media ◽  
Derechos Humanos ◽  
Other Hand ◽  
Medios De Comunicacion

A mídia hegemônica relega ao segundo plano o diálogo com as ações afirmativas, minorias identitárias e direitos humanos. Por outro lado, a televisão pública desponta como ambiente propício para promover a valorização e o respeito à diversidade. Nos últimos anos, a TV Brasil produziu e veiculou programas voltados à temática, alguns dos quais são objetos de análise deste estudo, cujo intuito é analisar o papel da tevê pública na formação cidadã em direitos humanos.La televisión pública y los derechos humanos: Un anlisis de la programación de TV Brasil y su papel en la difusión y promoción del debate afirmativo en la Declaración Universal de Derechos Hu manosResumen: Los medios de comunicación relegan a un segundo plano el diálogo con la acción afirmativa, las minorías de identidad y los derechos humanos. Por otra parte, la televisión pública se está convirtiendo en el medio propicio para promover la apreciación y el respeto por la diversidad. En los últimos años, la TV Brasil produjo y transmitió programas destinados a tema, algunos de los cuales son objeto de análisis de este estudio, cuyo objetivo es analizar el papel de la televisión pública en la formación de la ciudadanía e los derechos humanos.Palabras clave: Derechos Humanos; Televisión Pública; Ciudadanía; Diversidad; Minorías.Public television and human rights: An analysis of the programming of TV Brazil and its acting in the dissemination and promotion of affirmative discussion on the Universal Declaration of Hu man RightsAbstract: The mainstream media relegates to the background the dialogue with affirmative action, identity minorities and human rights. On the other hand, public television is emerging as environment conducive to promoting the appreciation and respect for diversity. In recent years, the TV Brazil produced and aired programs aimed issue, some of which are objects of analysis of this study, which aims to analyze the acting of public TV in civic education on human rights.Keywords: Human Rights; Public Television; Citizenship; Diversity; Minorities.

scholarly journals Desplazados medioambientales y Derechos Humanos: una construcción conceptual sine qua non para su protección jurídica internacional | Environmental displaced people and human rights: a conceptual construct as previous step for their international legal protection

2019 ◽  
pp. 255
Author(s):  
Daniel Gracia Pérez
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The Other ◽  
International Protection ◽  
Derechos Humanos ◽  
Other Hand ◽  
Displaced People ◽  
Definition Of ◽  
Previous Step

Resumen: El presente trabajo parte de la hipótesis de que no es posible diseñar un régimen de protección internacional para las personas desplazadas por disrupciones medioambientales sin antes aclarar qué se entiende por “desplazado medioambiental” y cómo se ha llegado a tal entendimiento. Así, el artículo se estructura en dos partes. La primera de ellas pretende reconstruir el íter que ha configurado la figura del desplazado medioambiental en el pensamiento académico, tanto desde los estudios medioambientales como desde los migratorios. La segunda, por su parte, analiza la primera definición de desplazado ambiental, con vocación jurídica, que aparece en plano internacional y la influencia que en su redacción han tenido las corrientes anteriores. Abstract:  This paper is based on the hypothesis that it is not possible to design an international protection regime for people displaced by environmental disruptions without first clarifying what is meant by "environmental displaced" and how this understanding has been reached. Thus, the article is structured in two parts. The first of them aims to reconstruct how the concept of environmentally displacement has been shaped in academic thinking, both from environmental and migratory studies. The second one, on the other hand, analyzes the first definition of environmental displaced which appears, with a legal vocation, on the international scene and the influence that those previous streams have had on it.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Physical Education and Religious Freedom

2019 ◽  
pp. 144-155
Author(s):  
Konstantinos Margaritis
Keyword(s):  
Human Rights ◽  
Physical Education ◽  
Religious Freedom ◽  
Case Law ◽  
Democratic Society ◽  
The Other ◽  
Recent Case ◽  
Freedom Of Religion ◽  
Other Hand ◽  
European Court

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.

Part III The Social Dimension, 14 Human Rights

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Multinational Enterprises ◽  
Social Dimension ◽  
Human Rights Violations ◽  
State Action ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
The Social ◽  
Corporate Social

This chapter evaluates another element of corporate social responsibility (CSR) applicable to multinational enterprises (MNEs): human rights. Historically, human rights have been used by corporations to protect their vital interests against state action, leading to human/civil rights protections for corporations. The chapter focuses on how far MNEs, and other business actors, should be responsible for human rights violations. This has been significantly influenced by the UN Guiding Principles on Business and Human Rights (UNGPs), endorsed in June of 2011 by the UN Human Rights Council, which implement the UN ‘Protect, Respect and Remedy’ framework. The UNGPs have created a framework for business and human rights that covers three pillars: the state duty to protect human rights, the corporate responsibility to respect human rights and access to remedy. The chapter then traces the development of concern for business and human rights, and discusses the justifications for holding businesses accountable for human rights violations, the establishment of business and human rights on the agenda of the UN and the principal areas in which business violations of human rights arise.

scholarly journals Ground-Breaking? An Empirical Assessment of the Draft Business and Human Rights Treaty

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 179-185 ◽  
Author(s):  
Tori Loven Kirkebø ◽  
Malcolm Langford
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Empirical Assessment ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
Corporate Social ◽  
Empirical Methodology

In this essay, we examine empirically whether the revised draft of the business and human rights (BHR) treaty is a normative advance on the existing jungle of global instruments. Since the 1970s, almost one hundred global corporate social responsibility (CSR) standards have been adopted, half of them addressing human rights. See Figure 1 from our global CSR database, below. What is novel about the current treaty-drafting process within the UN Human Rights Council (HRC) is that it aims to develop a comprehensive standard that would hold states legally accountable for regulating business. The question is whether this is possible. Drawing on our work on the “commitment curve,” we begin theoretically and point out why one should hold modest expectations about the process and treat strong text with skepticism as much as celebration. Using an empirical methodology, we then compare the HRC's Revised Draft Legally Binding Instrument (Revised Draft LBI) with existing standards, and find that while the draft contains a healthy dose of incremental pragmatism, its significant advances require a degree of circumspection about its strengths and prospects.

IN THE FOOTSTEPS OF BACH'S ST. MATTHEW PASSION: THE PASSION SETTINGS OF DAVID LANG AND JAMES MACMILLAN

Tempo ◽  
2013 ◽  
Vol 67 (264) ◽  
pp. 40-51 ◽  
Author(s):  
Dominic Wells
Keyword(s):  
21St Century ◽  
The Other ◽  
Passion Narrative ◽  
Sacred Texts ◽  
High Profile ◽  
Other Hand ◽  
American Composer

AbstractIn 2007, two high-profile musical responses to the Christian Passion narrative were written: the little match girl passion, by American composer David Lang, and Scottish composer James MacMillan's St John Passion. A devout Catholic, MacMillan's faith has influenced almost every work he has written to date, and a passion setting therefore seemed inevitable. Lang, on the other hand, has Jewish roots, and is relatively secular in his choice of extra-musical themes in his works: even when using sacred texts, he usually sets them in a secular context. Unsurprisingly, MacMillan's and Lang's contrasting approaches towards the Christian Passion resulted in fundamentally different works, yet both composers cite Bach as a key inspiration in their settings. This study examines the extent to which the influence of Bach's St Matthew Passion, in particular, is present in this pair of 21st-century passions, with regard to both their music and their theology.

Droits de l’homme, droits de Dieu : Une inévitable tension ?

2018 ◽  
Vol 65 (1) ◽  
pp. 11-24 ◽  
Author(s):  
Silvio Ferrari
Keyword(s):  
Human Rights ◽  
The Other ◽  
Other Hand ◽  
The Will ◽  
The One ◽  
International Conventions ◽  
Religious Obligation ◽  
Will Of God

The conflicts between rights of God and human rights are on the rise. On the one hand, there are some rights that are qualified as human rights in the most important international conventions and in many national constitutions. As such, they are to be respected always and everywhere. On the other hand, there are rights that are directly or indirectly attributed to the will of God. Their respect is regarded as a religious obligation to be upheld even when it implies the violation of human rights. These are the terms of the conflict and the fact that they sink their roots in non-negotiable beliefs – rights related to the very nature of man vs. rights dependent on the will of God–makes this conflict particularly serious and complex. This article discusses the structural and historical causes of this conflict and proposes a few strategies to reduce the tensions between these two sets of rights.

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