Corporate Codes of Conduct and the Human Rights Accountability of Transnational Corporations: A Small Piece of A Larger Puzzle

2007 ◽  
Vol 33 (1) ◽  
pp. 45-57 ◽  
Author(s):  
JUANITA ELIAS

The International Labour Organisation’s Declaration of Fundamental Principles and Rights at Work of 1998 formalised an approach to global labour issues known as the Core Labour Standards (CLS). The CLS have privileged a specific set of labour standards as possessing the kinds of universalistic qualities associated with ideas of ‘human rights’; the abolition of forced and child labour, equality of opportunity, and trade union rights. But what does this ‘human rights’ approach mean from the point of view of those women workers who dominate employment in some of the most globalised, and insecure, industries in the world? In this article, I make the case for critical feminist engagement with the gender-blind, and neoliberal-compatible, approach to economic rights as set out in the CLS. Not least, this article raises wider concerns about the insufficiency of approaches to economic rights that are designed to work within the (gendered) structures of a neoliberal economic development paradigm. It is suggested that the CLS have endorsed a voluntarist approach to labour standards that views the promotion and regulation of human rights by global corporations as unproblematic. The article challenges this perspective, drawing upon the work of number of feminist scholars working in the area of women’s employment and corporate codes of conduct. These feminist writings have specifically avoided the language of human rights; thus questions need to be asked concerning the possibilities and the limitations that the CLS opens up for women’s human rights activism.


2016 ◽  
Vol 1 (2) ◽  
pp. 255-275 ◽  
Author(s):  
Denis G ARNOLD

AbstractThe claim that corporations have human rights obligations remains contentious and can be fraught with confusion. This article synthesizes existing corporate human rights theory and responds to objections to the idea that transnational corporations (TNCs) have human rights obligations. The argument proceeds in three stages. The first section describes the different forms TNCs take and explains why TNCs are properly understood as moral agents responsible for their policies and practices. The second section reviews and explains different philosophical theories of corporate human rights obligations. The third section articulates and responds to objections to the idea that corporations have human rights obligations. The main conclusion of this article is that there are multiple, compelling and overlapping justifications of corporate human rights obligations.


2018 ◽  
Vol 60 (1) ◽  
pp. 575-606
Author(s):  
Michelle Staggs Kelsall

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.


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