Human rights and development: Difference between revisions

Revision as of 12:14, 23 August 2021

Revision as of 07:19, 16 September 2021

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{{Main|Right to development}}

The Declaration on the Right to Development was proclaimed by the UNGA under resolution 41/128 in 1986.<ref>{{cite web|title=Declaration on the Right to Development. A/RES/41/128|url=https://www.un.org/documents/ga/res/41/a41r128.htm|access-date=2014-05-03}}</ref> with only the United States voting against the resolution and eight absentions. The United Nations recognizes no hierarchy of rights, and all human rights are equal and interdependent, the right to development then is not an umbrella right that encompasses or trumps other rights nor is it a right with the status of a mere political aspiration.

The [[Right to development]] is regarded as an inalienable human right which all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development. The right includes 1) people-centred development, identifying "the human person" as the central subject, participant and beneficiary of development; 2) a human rights-based approach specifically requiring that development is to be carried out in a manner "in which all human rights and fundamental freedoms can be fully realized"; 3) participation, calling for the "active, free and meaningful participation" of people in development; 4) equity, underlining the need for "the fair distribution of the benefits" of development; 5) non-discrimination, permitting "no distinction as to race, sex, language or religion"; and 6) self-determination, the declaration integrates self-determination, including full sovereignty over natural resources, as a constituent element of the right to development.<ref>{{cite web|title=Development is a Human Right for All|url=http://www.ohchr.org/EN/Issues/Development/Pages/IntroductionStatement.aspx|access-date=2014-05-03}}</ref>

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=== Human rights and business ===

States have the primary role in preventing and addressing corporate related human rights abuses under resolution 8/7<ref>{{cite web|title=Resolution 8/7|url=http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_8_7.pdf}}</ref> governments can support and strengthen market pressures on companies to respect rights whilst adequate reporting enables stakeholders to examine rights related performance. To fulfil the duty to protect states must regulate and adjudicate the acts of business enterprises. International Human rights treaties do not themselves create direct obligations for corporations but treaty bodies refer more directly to the role of states in specifically guarding against human rights violations by corporations. The more recent [[Convention on the Rights of Persons with Disabilities]] clearly provides that state parties have an obligation to take all appropriate measures to eliminate discrimination on the basis of disability by any person organization or private enterprise.<ref>{{cite web|title=Convention on the Rights of Persons with Disabilities and Optional Protocol|url=https://www.un.org/disabilities/documents/convention/convoptprot-e.pdf}}</ref> An unresolved legal issue in this regard is as to the extent of a State's jurisdiction, does a states obligation extend extra-territorially or internationally?

Around half of the wealthiest 100 entities in the world today are corporations not countries<ref>{{cite web|title=Top 175 Economic Entities|url=http://dstevenwhite.com/2012/08/11/the-top-175-global-economic-entities-2011/}}</ref> with many organisations committing gross human rights violations from which they earn vast profits. Wars are inflamed through arms sales and corporations deal in [[conflict commodities]] like diamonds.

States have the primary role in preventing and addressing corporate related human rights abuses under resolution 8/7<ref>{{cite web|title=Resolution 8/7|url=http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_8_7.pdf}}</ref> governments can support and strengthen market pressures on companies to respect rights whilst adequate reporting enables stakeholders to examine rights related performance. To fulfil the duty to protect states must regulate and adjudicate the acts of business enterprises. International Human rights treaties do not themselves create direct obligations for corporations but treaty bodies refer more directly to the role of states in specifically guarding against human rights violations by corporations. The more recent [[Convention on the Rights of Persons with Disabilities]] clearly provides that state parties have an obligation to take all appropriate measures to eliminate discrimination on the basis of disability by any person organization or private enterprise.<ref>{{cite web|title=Convention on the Rights of Persons with Disabilities and Optional Protocol|url=https://www.un.org/disabilities/documents/convention/convoptprot-e.pdf}}</ref> An unresolved legal issue in this regard is as to the extent of a State's jurisdiction, does a states obligation extend extra-territorially or internationally?

Business enterprises should respect human rights, avoiding infringing on the human rights of others and they should address adverse human rights impacts when they are involved. The responsibility of business enterprises to respect human rights refers to those rights as expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the [[International Labour Organization]] [[Declaration on Fundamental Principles and Rights at Work]].<ref>{{cite web|title=Declaration on Fundamental Principles and Rights at Work|url=http://www.ilocarib.org.tt/cariblex/pdfs/ILO_Declaration_Work.pdf}}{{Dead link|date=January 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> As part of their duty to protect against business related human rights abuse States must take appropriate steps to ensure that those affected have access to effective remedy through judicial, administrative, legislative or other appropriate means.

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In 2000 the UN established the [[United Nations Global Compact|Global Compact]]<ref>{{cite web|title=UN Global Compact|url=http://www.unglobalcompact.org/}}</ref> which call on business leaders "embrace and enact' a set of 10 principles relating to human rights, labour rights, environmental protections and corruption. The compact did not include a mechanism for dispute resolution. In response to this criticism integrity measures were introduced in 2005 which created a complaints procedure for systematic abuse of the compacts overall aims and principles.<ref>{{cite book|last=McBeth et all|first=Adam|title=The International Law of Human Rights|year=2011|publisher=Oxford University Press|___location=Oxford|pages=615–624}}</ref>

In 2003 a UN subcommission on the promotion and protection of Human Rights adopted a set of international norms applying to TNC's and other business they are based on international instruments, non binding declarations and guidelines adopted by multilateral organizations. The norms include 1) general obligations; 2) rights to equal opportunity and non-discriminatory treatment; 3) rights to security of persons; 4) rights of workers 5) respect for national sovereignty and human rights; 6) obligations with regard to consumer protection; 7) obligations with regard to environmental protection 8) general provisions of implementation and 9) definitions. The norms however do not have legal status and are unlikely to be developed further and the subcommission is now replaced by the [[Human Rights Council Advisory Committee]].<ref>{{cite web|title=Human Rights Council Advisory Committee|url=http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/AboutAC.aspx}}</ref>

There has also emerged over the past decades a proliferation of company specific and multi-stakeholder codes of conduct such as the [[Sullivan principles]] and as such hundreds of companies have now publicly committed to upholding basic human rights. Codes of conduct are regarded as part of the soft law regime and are not legally binding but the general normative effect may lead to legal effect as standards may be incorporated into employment and agency contracts.