Critically Examine Possible Ways Through Which Business Enterprises Can Be Held Accountable For Violation Of Human Rights

Introduction

It is considered wisely that businesses can substantially contribute to lessening poverty, improving sanitation and roads, generating new jobs, enabling more access to water as well as improving health services in societies. However, more attention is currently being drawn to the undesirable impacts of business practices as well as operations on humans within the organization as well as outside the organization. In addition, businesses are necessary to respect the rights of humans irrespective of the nature and size of the companies[1]. Therefore, a business that manufactures goods as well as offers services to people also must regard the rights of humanity as well. Businesses that function across national boundaries have increased supreme power as well as impact across the world. Therefore, these businesses have a huge influence on the lives of people as well as the societies in which they function. It might be possible that, at times, these practices have a positive effect in the form of job creation, and novel technology develops lives and assets in society and is interpreted into actual value for those individuals who exist there. On the other hand, business sometimes fails to do all these positive practices due to their operations and practices. A business enterprise must give significant importance to humans, including employees, as well as communities around the industry. In this way, the company will be able to highlight the rights of humans as well as consider itself to be accountable and responsible for it.

Discussion

Business enterprises have a massive impact on the human rights of their workers and employees, customers, the workforce in the supply chain, communities near business operations, as well as end users of services or goods. They also facilitate the people by providing services and goods as well as exploiting the people for their purposes ^[2]. They have a direct or indirect influence on the rights of a human. Following are the factors through which business enterprises affect the rights of a human. As well as a business must recognize these factors to consider them significant accountability for it. For that reason, Businesses should be familiar with this element of violation that has a great influence on workers and people in a society.

Right To Freedom Of Movement

In some situations, people have to relocate due to the operations of the business. It happens in a very arbitrary manner, free of proper notice. Even though companies do not give early notice to move the people. At least businesses give consultation and notice in the matter of Indigenous people. On the other hand, business does not inform early in this situation where people have to move to another place due to the processes of business enterprises. However, it is a right of individuals that he can choose a place to live where he wants. Businesses must feel accountable that people have a right to decide on relocation. It must be necessary for businesses or companies to get the consent of people in those areas where they want a free space. It will be right for people to gain freedom in this matter and feel liberty for movement.

Right To Work

Sometimes, businesses unfairly or arbitrarily give notice to an employee even though local law allows them to do this. It might be possible that businesses fail to offer appropriate advancement in their careers. As a result, the worker feels a lack of aspirations. It is the choice of an individual to freely select the nature of the task. An individual decides to select a decent work as well as enjoy all opportunities that are available to him. Businesses must feel accountable for the arbitrary termination of employees. As well as a corporation must provide desirable and just conditions of work to workers within the organisation. A business is liable for unfairly firing an employee or worker without any major reason.

Right To Enjoy Favourable Workplace Conditions

At times, businesses do not address the problems related to workers’ safety as well as health. Even it does not give attention to inadequate practices like accidents of workers. As well as employees are paid enormously low wages. Employees are forcefully willing to work under unhealthy conditions^[3]. They don’t have another choice to earn money. In addition, businesses do not even give them entitlement to leave or sick pay. In such circumstances, businesses are liable to address major issues regarding the safety and security of employees. Workers or employees also deserve to enjoy safe terms of work and get an equal opportunity for career promotion in the organization as others.

Right For Child Labour

Children who are part of the operations of businesses are not able to strive for their well-being as well as education. There must be made proper efforts to eliminate child labor. Especially those children who work forcefully under poor conditions along with low wages. Also, businesses are damaging to children by limiting access to educational institutions through infrastructure, construction as well as other projects. Therefore, a business must design proper programs to protect the rights of children. If the business terminates the children, then they will seek other options. For that reason, companies must think carefully to preserve the rights of children. It is more important for an organization to provide safe and healthy settings to children[4]. Hence, Children also had rights and were entitled to enjoy all available opportunities. It is also required to protect a child from economic as well as sexual exploitation, together with child labor.

Right To Health

Due to operations and processes of business, pollution arises. It does affect not only the health of employees but also creates a negative impact on people living in surrounding areas^[5]. It might be a trade of those products that are dangerous and unsafe to the health of customers or end users. Therefore, unsafe goods and services affect badly to human. Sometimes, business involves manufacturing such products that are hazardous to the health of customers as well as workers[6]. Also, a sweatshop is an act of business where employees work for long hours under poor working conditions with lower wages. It occurs in particularly clothing industry. If the business does not implement adequate safety and health standards, then it will be problematic for the health of workers. On the other hand, it is the responsibility of business to provide adequate safety conditions. Since the individual has a right to deserve the highest condition of mental as well as physical health. A person is eligible to control his body along with free from intrusion.

The Right Of Protection Of Family

Sometimes companies make policies that discriminate by gender. Business discriminates in opposition to females on the basis of their reproductive or marital status. As a consequence, business should not disrupt the rights of women. It is right for a female to get married freely by her own choice or to plan for a family. Businesses should design strategies and policies free of discrimination. Women also deserve to enjoy all the rights that are available to them. It is a matter for women to decide without the pressure of any business policy about family planning. Business is not entitled to distinguish and victimize any gender by certain perspectives. Businesses are liable to make policies that help to preserve the rights of both genders without any discrimination. Business is responsible for providing such strategies that benefit both genders.

Right To Freedom Of Thought And Religion

At times, policies of companies do not permit employees to wear a dress or other signs that show their faith, even if these do not impede performance issues or legitimate safety. Moreover, A company’s policies do not agree to give workers free time to perform their religious activities. In addition, it is the choice of a person to follow religion on his own and have the right to practice these beliefs[7]. Therefore, a business must give people the right to think freely. Businesses should provide freedom as well as independence to people to carry out their practices. As a result, a business must feel a responsibility to entertain all the rights of people without discrimination.

Rights To Liberty And Security Of Person

Also, business sometimes threatens the people of staff through physical punishment. Certain suppliers of companies commonly permit sexual abuse and allow women to go nude in the workplace^[8]. It is more important to consider the security aspects of people working in the organization. Hence, workers are an important asset for business, so they must keep their rights on top. It is the accountability of businesses to prevent this practice. As a result, it is the responsibility of businesses to provide safety from threats, physical attacks as well as severe harassment. Businesses should also equally regard these elements and give attention to those matters of security.

Right To Life

Some processes or operations of the business are dangerous enough to workers that they get life-threatening risks. Thus, hazardous and harmful products badly impact the health of workers. These functions and processes of the company affect not only the people working in the companies but also the surrounding people living in the community. It may be a risk to people due to exposure to chemicals or other toxic materials. It may be the selling or manufacturing of goods that has lethal flaws^[9]. The company is accountable for preventing the precious life of someone from safety and health risks. Business must use safety measures and methods that are not dangerous to someone ‘health. Businesses should discourage those procedures that are not safe for the health of workers in the organization. Businesses must feel responsible for the unhealthy and unsafe working environments for workers[10]. In these circumstances, workers are compelled to work in these unhealthy setting that badly affects the physical as well as psychological conditions of employees. Therefore, businesses are liable to perform safe procedures that would facilitate the workers and employees.

Right To Equality

It also happens sometimes companies try to give favour indirectly in the process of remuneration, recruitment as well as the promotion of employees. In addition, companies offer training programs to certain workers to improve as well as skills that will increase their likelihood of promotion. A business gives favor to those women and men in certain circumstances where its products, as well as operations, have had undesirable effects on well-being in a manner that discriminates in contrast to females. In this condition, companies fail to consider the particular damage to women’s reproductive condition. As well as some agencies prefer only white workers for their organization. Businesses must design adequate policies to eradicate these problems by ensuring sure equality of humanity.

Right For Torture Free Workplace

Sometimes, it occurs that businesses are not able to provide a workplace that is free from torture. Therefore, it causes severe mental distress due to severe harassment in the workplace environment. As well as this torture is intentionally given to employees for certain reasons. In some cases, the business tries to conduct its processes as well as operations where police forces do not claim the company to regard such rights of a human. Businesses should be accountable for providing a healthy workplace environment for work as well as fostering a place of work that must be torture-free [11]. Businesses must make a work setting tension-free. A business enterprise must feel the worker’s friendly environment for positive outcomes.

Right To Protect Cultural Heritage

Moreover, companies involved in certain activities like construction as well as resource extraction have a huge influence on the rights of Indigenous people. In this case, certain activities of business isolate the groups from particular areas of cultural knowledge and significance or destroy the heritage of culture. As well as it is the accountability of businesses and companies to protect traditional things and cultural heritage by controlling their activities. The activities such as placing a pipeline or setting up infrastructure could affect the people as well as damage the traditional expressions of culture. Businesses should be liable to protect traditional knowledge by keeping control of certain activities. There is a great threat to cultural heritage due to specific activities of business such as planning for infrastructure in a certain area.

Right To An Appropriate Standard Of Living

At times, companies do not provide significant sanitation facilities for employees in the business-owned factory. Due to poor sanitation systems, workers pass through some severe diseases^[12]. In this way, the health of workers is affected badly. As well as the business also affects the local community by expanding its operations. Due to expansion, the local community feels limited access to food, owning less space in arable land. In addition, business processes threaten or pollute the existing resources of water. So, the operations of businesses spoil the water resources. As a result, the local community is unable to access clean water for drinking^[13]. For that reason, people living around the factory also suffer from severe infections due to the unavailability of clean water. In this way, businesses are responsible for giving the right to people by ending those activities that have an impact on the health of people. Businesses must be responsible for taking corrective actions to save the human as well as organisms that live in water. Businesses should care for all those living things to eradicate and mitigate unhealthy activities. It will improve as well as enhance the living standards of people working in a factory as well as living in the factory.

Right To Privacy

In this situation, the business does not keep confidential the secret data of employees, workers as well as customers. For example, it delivers personal information to authorities without the permission of individuals. In this way, it violates the rights of humans and is considered illegal according to national law. At times, companies sell technology or equipment that aims to monitor or track the communication as well as the movement of people to a state. It is the right of an individual to be protected from unreasonable interference with their family, privacy, and home, as well as from powers on reputation^[14]. Business enterprises must keep the personal data of people private. Every person has the right to maintain privacy. Since employees also deserve to have these privacy concerns. Business enterprises must make sure the protection of employee’s data. In this way, workers also feel safety and security while working in the organisation. Businesses should be accountable for the concerns of workers related to privacy. However, a business must design policies as well as follow strict practices to make sure the privacy concerns of workers in the organisation.

The Right Of Self-Determination

Sometimes, businesses are engaged in activities related to land that have customary importance to those individuals who reside in this area at what time the land was picked up by the administration, lacking consultation with the native people. It might be an act or process that affects the land of indigenous people. It includes processes such as acquisition, operation or construction that occur and influence the individual right to determination. However, it is the right of people to have social, economic and cultural development, to throw away natural resources of land as well and not be lacking means of survival^[15]. The corporation must reserve the right of people before initiating any project. Thus, businesses are liable to ask for people living in this area where the corporation wants to initiate new projects. Businesses must feel a responsibility in this regard to realize the people by giving this right. In this situation, a business must seek the decision of people in a particular place where the business wants to pursue its operations.

Right To A Fair Trial

In some situations, the business tries to abolish the judicial process by ruining significant evidence. It might be possible that the business tried to disrupt the process by seeking a bribe. Business involves in unethical activities in a certain situation to get successful. There is also the possibility that companies influenced the judges to take particular actions as well as make particular statements. In this way, the company attempts to corrupt the judicial process for their protection. Businesses should be accountable for this immoral act and try to get rid of all of these unethical activities. It does not only corrupt the process but also discourages other people from following certain procedures and policies. It is the ethical responsibility of a business to follow specific procedures rather than follow short pathways to achieve objectives. This activity will ruin the overall structure of the judicial process and will possibly demotivate other people involved in this process.

Rights Of Minorities

There are also the members of religious, ethnic as well as linguistic that are also eligible to support and enjoy their values. They must have the right to follow their religion as well as promote their language^[16]. In general, businesses are lacking in making appropriate adjustments for employees who dress up with headgear wherever that does not show a performance issue in addition to legitimate safety. However, it is not appropriate to use land that damages the lives of minority groups. For example, this activity may aim to prevent minority groups from ceremonial activities. Businesses must be accountable for providing equal and just opportunities to minorities like others. It is the right of the minority to exploit all chances without any discrimination. Businesses should not discriminate by ethnicity. Businesses must realize as well as recognize everyone equal in the working environment. Businesses are liable to provide such a work setting where everyone can enjoy their traditions as well as values.

Conclusion

It is considered that standards of human rights were only appropriate and valid to governments. As well as, business claims that their primary responsibility is to regard national laws. Even though the national government must protect and care for human rights as well. In this way, a business must respect as well as protect the rights of a human while doing their operation and working processes. They should feel accountable for protecting the rights of a human for the operations with which they are concerned. They should also highlight those elements that have an adverse impact on the rights of employees, customers, suppliers as well as end consumers. They should seek those methods or processes that are not directly linked to alleviating the rights of humans. They must follow the policy commitment to protect as well as regard the rights of a human. Businesses must incorporate strategic activities that do not impede the violation of the rights of humans. It is also a corporate duty of enterprises to take steps for proceeding on the subjects of human rights. The objective of corporate is to protect the moralities of a human with the purpose of earning a profit. It is a worldwide standard for all corporate enterprises to defend and esteem for rights of humans regardless of the factors where they are functioning.

Bibliography

Ruggie, J. (2008). Protect, respect and remedy: A framework for business and human rights. Innovations: Technology, Governance, Globalization, 3(2), 189-212.

Weissbrodt, D., & Kruger, M. (2003). Norms on the responsibilities of transnational corporations and other business enterprises about human rights. American journal of international law, 97(4), 901-922.

Crane, A., & Matten, D. (2016). Business ethics: Managing corporate citizenship and sustainability in the age of globalisation. Oxford University Press.

Price, S. (2015). Is there a global safeguard for development displacement. Development-induced displacement and resettlement: new perspectives on persisting problems. Abingdon: Routledge, 127-141.

Schnall, P. L., Dobson, M., Rosskam, E., & Elling, R. H. (2018). Unhealthy work: Causes, consequences, cures. Routledge.

Wettstein, F. (2015). Normativity, ethics, and the UN guiding principles on business and human rights: A critical assessment. Journal of Human Rights, 14(2), 162-182.

Caswell, M. L. (2016). From Human Rights to Feminist Ethics: Radical Empathy in Archives.

MacKinnon, C. A. (2017). Rape, genocide, and women’s human rights. In Genocide and Human Rights (pp. 133-144). Routledge.

Jain, A., Leka, S., & Zwetsloot, G. I. (2018). Responsible and Ethical Business Practices and Their Synergies with Health, Safety and Well-Being. In Managing Health, Safety and Well-Being (pp. 99-138). Springer, Dordrecht.

1. Ruggie, J. (2008). Protect, respect and remedy: A framework for business and human rights. Innovations: Technology, Governance, Globalization, 3(2), 189-212. ↑
2. Ruggie, J. (2008). Protect, respect and remedy: A framework for business and human rights. Innovations: Technology, Governance, Globalization, 3(2), 189-212. ↑
3. Weissbrodt, D., & Kruger, M. (2003). Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights. American journal of international law, 97(4), 901-922. ↑
4. Crane, A., & Matten, D. (2016). Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press. ↑
5. Schnall, P. L., Dobson, M., Rosskam, E., & Elling, R. H. (2018). Unhealthy work: Causes, consequences, cures. Routledge. ↑
6. Jain, A., Leka, S., & Zwetsloot, G. I. (2018). Responsible and Ethical Business Practices and Their Synergies with Health, Safety and Well-Being. In Managing Health, Safety and Well-Being (pp. 99-138). Springer, Dordrecht. ↑
7. Caswell, M. L. (2016). From Human Rights to Feminist Ethics: Radical Empathy in Archives. ↑
8. MacKinnon, C. A. (2017). Rape, genocide, and women’s human rights. In Genocide and Human Rights (pp. 133-144). Routledge. ↑
9. Schnall, P. L., Dobson, M., Rosskam, E., & Elling, R. H. (2018). Unhealthy work: Causes, consequences, cures. Routledge. ↑
10. Caswell, M. L. (2016). From Human Rights to Feminist Ethics: Radical Empathy in Archives. ↑
11. Wettstein, F. (2015). Normativity, ethics, and the UN guiding principles on business and human rights: A critical assessment. Journal of Human Rights, 14(2), 162-182. ↑
12. Jain, A., Leka, S., & Zwetsloot, G. I. (2018). Responsible and Ethical Business Practices and Their Synergies with Health, Safety and Well-Being. In Managing Health, Safety and Well-Being (pp. 99-138). Springer, Dordrecht. ↑
13. Schnall, P. L., Dobson, M., Rosskam, E., & Elling, R. H. (2018). Unhealthy work: Causes, consequences, cures. Routledge. ↑
14. Caswell, M. L. (2016). From Human Rights to Feminist Ethics: Radical Empathy in Archives. ↑
15. Price, S. (2015). Is there a global safeguard for development displacement. Development induced displacement and resettlement: new perspectives on persisting problems. Abingdon: Routledge, 127-141. ↑
16. Weissbrodt, D., & Kruger, M. (2003). Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights. American journal of international law, 97(4), 901-922. ↑