Corporate Human Rights Obligations under Socio-economic Rights

Un Global Compact ◽

Economic Rights ◽

Business And Human Rights ◽

In the chapter it is examined obligations of business in the field of socio-economic rightsThe author proceeds from the understanding of the importance of socio-economic rights to ensurethe livelihood of people and the creation of human opportunities, as well as their fundamental naturein terms of enjoying civil and political rights. The author is convinced that not only states, but alsocorporations, have certain obligations in the field of socio-economic rights. Because socioeconomicrights are linked to financial resources, corporations can make a significant contribution to securingthem in case of state fragility.The author analyzes international documents, compares national legal systems, as well as othersources (decisions of treaty bodies on human rights), and he concludes that corporate obligationsgain their legitimacy due to the horizontal application of national and international human rights law.It is noted that the UN Guiding Principles on Business and Human Rights, the OECD Guidelines forTransnational Enterprises, the UN Global Compact, the ILO Tripartite Declaration play a significantrole in promoting corporate human rights obligations in the field of socio-economic rights.The author also analyzes the significance of voluntary commitments of both individual corporationsand individual sectors that are generally the part of corporate policy and suggests their questionablelegal nature (lex imperfecta), as they do not provide sanctions for their violation.Analyzing the features of corporate obligations under socio-economic rights, the author takes asa basis the negative and positive dichotomy of human rights, as well as the approach embodied ininternational human rights law on three types of human rights obligations – to respect, protect, ensure.The author concludes that within each of the types of socio-economic rights obligations, corporationshave both preventive (negative and positive) and some corrective (negative and positive) obligations,especially where they control and/or or influence or in proximity of their operations.

International Human Rights Law and the Response to the covid-19 Pandemic

Journal of International Humanitarian Legal Studies ◽

10.1163/18781527-bja10004 ◽

2020 ◽

Vol 11 (2) ◽

pp. 249-269

Author(s):

Sarah Joseph

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

The extraterritorial application of international human rights law on civil and political rights

Routledge Handbook of International Human Rights Law ◽

10.4324/9780203481417.ch35 ◽

2015 ◽

Author(s):

Ralph Wilde

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

International Human ◽

Part 1 Freedom of Religion or Belief, 1.3 The Right to Manifest One’s Religion or Belief

10.1093/law/9780198703983.003.0005 ◽

2016 ◽

Author(s):

Bielefeldt Heiner, Prof ◽

Ghanea Nazila, Dr ◽

Wiener Michael, Dr

Keyword(s):

Human Rights ◽

Freedom Of Religion ◽

Political Rights ◽

Human Rights Law ◽

International Human ◽

The Right

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

THE MEANING AND SCOPE OF ‘ASSEMBLY’ IN INTERNATIONAL HUMAN RIGHTS LAW

International and Comparative Law Quarterly ◽

10.1017/s0020589320000160 ◽

2020 ◽

Vol 69 (3) ◽

pp. 521-556

Author(s):

Michael Hamilton

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

Virtual Spaces ◽

International Human ◽

Definition Of ◽

The Right

AbstractInformed by the ‘assembly’ jurisprudence of the United Nations Human Rights Committee, this article addresses fundamental questions about the meaning and scope of ‘assembly’ in Article 21 of the International Covenant on Civil and Political Rights (ICCPR). In seeking to determine when the right of peaceful assembly might properly be engaged, the article explores the interrelationship of assembly with expression and association and proposes a definition of ‘assembly’—for the purposes of its protection—as ‘an intentional gathering by two or more people (including in private and online/virtual spaces)’. Such definitional reflection is particularly timely in light of the Human Rights Committee's drafting of General Comment No 37 on Article 21.

THE INDIVISIBILITY OF HUMAN RIGHTS AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

International and Comparative Law Quarterly ◽

10.1017/s0020589318000386 ◽

2018 ◽

Vol 68 (1) ◽

pp. 141-160 ◽

Cited By ~ 2

Author(s):

Gauthier de Beco

Keyword(s):

Human Rights ◽

Social Rights ◽

Political Rights ◽

Human Rights Law ◽

Persons With Disabilities ◽

The One ◽

The Impact

AbstractThis article argues that a new understanding of the indivisibility of human rights has emerged through the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD has blurred the distinction between civil and political rights, on the one hand, and economic and social rights, on the other. After showing how this distinction has been blurred in the Convention, the article critically analyses the impact this has had on the concept of indivisibility, as well as its consequences for international human rights law more generally. It shows that there is now a shift away from a preoccupation with different categories of rights and towards concern for the real and actual enjoyment of human rights.

JUSTIFYING BLASPHEMY LAWS: FREEDOM OF EXPRESSION, PUBLIC MORALS, AND INTERNATIONAL HUMAN RIGHTS LAW

Journal of Law and Religion ◽

10.1017/jlr.2020.11 ◽

2020 ◽

Vol 35 (1) ◽

pp. 33-60

Author(s):

Neville Cox

Keyword(s):

Human Rights ◽

Freedom Of Expression ◽

Moral Vision ◽

Political Rights ◽

Human Rights Law ◽

Racial Hatred ◽

International Human ◽

AbstractIn its General Comment No. 34 dealing with freedom of expression, the United Nations Human Rights Committee (UNHRC) rejected the idea that a blasphemy law could ever be human-rights compliant, unless its function was to prevent incitement to religious or racial hatred. This is a widely shared view that is consistently endorsed when any international blasphemy controversy (such as that involving the Danish Cartoons in 2005) arises. This article assesses the legitimacy of this view. The International Covenant on Civil and Political Rights (ICCPR) permits freedom of expression to be limited inter alia in the name of public morality, provided that the law in question is also necessary to achieve this end. This article argues that because a blasphemy law can be a response to a public moral vision; therefore a blasphemy law can serve a legitimate purpose insofar as human rights law is concerned. It is further submitted that whereas some blasphemy laws are unacceptably draconian, it is not inherently impossible for such a law to represent a proportionate response to a public morals concern. Thus, the conclusion from the UNHRC is not warranted by the text of the ICCPR. Moreover, there is a risk that, in reaching this conclusion the committee is evincing an exclusively secularist worldview in its interpretation of the ICCPR that undermines its claim to universality.

The Influence of International Human Rights Law on the Israeli Legal System: Present and Future

Israel Law Review ◽

10.1017/s0021223700017064 ◽

1994 ◽

Vol 28 (1) ◽

pp. 136-153 ◽

Cited By ~ 9

Author(s):

Eyal Benvenisti

Keyword(s):

Human Rights ◽

Political Rights ◽

Bill Of Rights ◽

Human Rights Law ◽

The Supreme Court ◽

International Human ◽

Constitutional Jurisprudence

Since Israel's independence, the Supreme Court has been very active in establishing and securing an impressive edifice of human rights. Lacking a written constitution, the Court has based its constitutional jurisprudence on the democratic character of the state. It has developed an “Israeli made” bill of rights, relying on comparative studies, yet with little reference to the standards set in international human rights instruments.Two legal events of the last three years may change the judicial attitude towards international human rights. The first major event was the Israeli government's ratification of important human rights conventions during 1991, first and foremost among them the 1966 Covenant on Civil and Political Rights, which has been named the “International Bill of Rights” (hereinafter: the 1966 Covenant).

The Analyse of Nature and Implemetation of Ecoomic, Social and Cultural Rights and Civil and Political Rights in International Human Rights Law

Selcuk Universitesi Hukuk Fakultesi Dergisi ◽

10.15337/suh.2017.56 ◽

2013 ◽

Vol 21 (SUHFD) ◽

pp. 165-182

Author(s):

Murat TUMAY

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

Cultural Rights ◽

International Human ◽

Influence of the ICCPR in Asia

10.1093/oso/9780198825890.003.0009 ◽

2018 ◽

Cited By ~ 3

Author(s):

Yogesh Tyagi

Keyword(s):

Human Rights ◽

Political Rights ◽

Factors Affecting ◽

Judicial Discourse ◽

International Human ◽

Golden Jubilee ◽

The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

COVID-19, Business, and Human Rights

International Community Law Review ◽

10.1163/18719732-23050002 ◽

2021 ◽

Vol 23 (5) ◽

pp. 433-449

Author(s):

Surya Deva

Keyword(s):

Human Rights ◽

Full Range ◽

Human Rights Law ◽

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.