scholarly journals Human Rights Impact Assessment of Business Activities: Key Criteria for Establishing a Meaningful Practice

2016 ◽  
Vol 2 (1) ◽  
pp. 87-108 ◽  
Author(s):  
Nora GÖTZMANN
Keyword(s):  
Human Rights ◽  
Impact Assessment ◽  
Good Practice ◽  
International Human Rights ◽  
Business And Human Rights ◽  
Adverse Impacts ◽  
International Human ◽  
Human Rights Standards ◽  
Human Rights Impact Assessment

AbstractThis article considers the emerging practice of human rights impact assessment (HRIA) in the field of business and human rights. As HRIA is relatively new, current approaches vary considerably, indicating that there is a need for the business and human rights community to engage in further dialogue and debate about what good practice HRIA can and should entail. I propose five key criteria for HRIA of business activities: (1) applying international human rights standards; (2) considering the full scope of impacts; (3) adopting a human rights-based process; (4) ensuring accountability; and (5) addressing impacts according to severity. It is suggested that these criteria should form the basis of methodologies used to assess human rights impacts of business activities, with the view to developing HRIA practice that meaningfully contributes to preventing and addressing adverse impacts of business activities on the human rights enjoyment of workers and communities.

In Defence of Direct Obligations for Businesses Under International Human Rights Law

2020 ◽  
Vol 5 (1) ◽  
pp. 56-83 ◽  
Author(s):  
Andrés Felipe LÓPEZ LATORRE
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Person ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Legal Personality ◽  
Business And Human Rights ◽  
Legal Obligations ◽  
International Human ◽  
Human Rights Standards

AbstractThis article presents three arguments on why businesses have direct obligations under existing international law. Nevertheless, in the present state of international law, the obligations of businesses are limited and wholly dependent on the state’s further action of implementation and enforcement. To reach this conclusion, the article asserts that businesses have partial legal personality in international law; that legal obligations and the enforcement model must be distinguished as two separate issues; and that human rights are requirements of justice that emanate from the dignity of each human person to any social actor, including businesses and other non-state actors. The article attempts to contribute to the debate about a binding instrument on business and human rights and presents an alternative understanding of international law that can assist domestic tribunals in applying international human rights standards to businesses as they carry out activities in their jurisdictions.

scholarly journals Chinese Human Rights Guidance on Minerals Sourcing: Building Soft Power

2017 ◽  
Vol 46 (2) ◽  
pp. 135-154 ◽  
Author(s):  
Karin Buhmann
Keyword(s):  
Human Rights ◽  
Soft Power ◽  
Socially Responsible ◽  
International Human Rights ◽  
Responsible Investment ◽  
Business And Human Rights ◽  
International Human ◽  
The Government ◽  
Economic Engagement ◽  
Human Rights Standards

China's economic engagement in Africa has been subject to criticism on social and environmental fronts. This analysis examines two sets of guidelines launched by the government-related China Chamber of Commerce of Metals, Minerals and Chemicals. Aiming to promote responsible investment in the minerals sector and due diligence to ensure socially responsible sourcing of minerals with a particular focus on human rights, the guidelines refer to international human rights standards and are designed to be consistent with guidance issued by the OECD. The article discusses the Chinese guidelines as responses to the international critique and concludes they are elements of China's soft-power efforts meant to enhance the country's reputation as a responsible actor on the global stage. The analysis comes from the perspective of China's deployment of state-driven corporate social responsibility (CSR), its complex relationship with international human rights, and its engagement with the international business and human rights (BHR) regime.

scholarly journals Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales

Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins
Keyword(s):  
Human Rights ◽  
Young People ◽  
Legal Rights ◽  
International Human Rights ◽  
Children And Young People ◽  
England And Wales ◽  
Research Interviews ◽  
International Human ◽  
Points Of View ◽  
Human Rights Standards

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

COVID-19, Business, and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 433-449
Author(s):  
Surya Deva
Keyword(s):  
Human Rights ◽  
Full Range ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
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.

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