Academic Master

Business and Finance

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 undesirable impacts of business practices as well as operations on humans within the organisation as well as outside the organisation. In addition to, businesses are being necessary to respect rights of humans irrespective of their 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 lives of people as well as societies in which they function. It might be possible that at times these practices have a positive effect in the form of jobs creation and novel technology develops lives and asset in the society interprets 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 human that includes employees as well as communities around the industry. In this way, the company will be able to highlight the rights of human as well as will consider itself to be accountable and responsible for it.

Discussion

Business enterprises have a massive impact on human rights of their workers and employees, customers, the workforce in the supply chain, communities nearby business’ operation as well as end users of services or goods. They also facilitate the people by providing services and goods as well as exploit the people for their purpose[2]. They have a direct or indirect influence on rights of a human. Following are the factors through which business enterprises affect the rights of a human. As well as, a business must recognise these factors to consider them significant accountability for it. For that reason, Business 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 situation, people have to relocate due to 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 business 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 processes of business enterprises. However, it is a right of individuals that he can choose a place to live where he wants. Business must feel its accountability that people have a right to decide on relocation. It must be necessary for business or company 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 an employee even though local law allowed them to do this. It might be possible that businesses are failed to offer appropriate advancement in career. As a result, worker feels lack of aspirations. It is a choice of an individual to freely select nature of the task. An individual decides to select a decent work as well as enjoy all opportunities that are available to him. Business must feel accountable for arbitrary termination of employees. As well as a corporation must provide desirable and just conditions of work to workers within the organisation. Business is liable for unfairly firing an employee or worker without any major reason.

Right to enjoy favourable workplace conditions

At times business does 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 with enormously low wages. Employees are forcefully willing to work under unhealthy conditions[3]. They don’t have another choice to earn money. In addition to, business does not even give them entitlement to leave or sick pay. In such circumstances, businesses are liable to address major issues regarding safety and security of employees. Workers or employees also deserve to enjoy safe terms of work and got equal opportunity for career promotion in the organisation as others.

Right for child labour

Children who are the part of operations of businesses are not able to strive for their wellbeing as well as education. There must be made proper efforts to eliminate child labour. 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 rights of children. If the business terminates the children, then they will seek other option. For that reason, companies must think carefully to preserve the rights of children. It is more important for an organisation to prove safe and healthy settings to children[4]. Hence, Children also had the rights and entitled to enjoy all available opportunities. It is as well required to protect a child from economic as well as sexual exploitation, together with child labour.

Right to health

Due to operations and process 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 in manufacturing of 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 fewer 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 a 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 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. Business 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 of women to decide without the pressure of any business policy about family planning. Business is not entitled to distinguish and victimise any gender by certain perspectives. Business is liable to make policies that helped out to preserve the right of both genders without any discrimination. Business is responsible for providing such strategies that benefited both genders.

Right to freedom of thought and religion

At times, policies of company’s do not permit to employees to wear a dress or other signs that show their faith even if these do not impede with performance issues or legitimate safety. Moreover, A company’ policies do not agree to give workers free time to perform their religious activities. In addition to, it is a choice of a person to follow religion on his own and has right to practice these beliefs[7]. Therefore, a business must give people to enjoy the right to think freely. Business should provide freedom as well as independence to people to carry out their practices. As a result, a business must feel a responsibility to entertains 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 company 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 organisation. Hence, workers are the important asset for business so, they must keep their rights on the top. It is the accountability of business to prevent this practice. As a result, it is the responsibility of business to provide safety from threats, physical attacks as well as severe harassment. Business 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 process of company do affect not only the people working in 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 material. It may be the selling or manufacturing of goods that has lethal flaws[9]. The company is accountable to prevent the precious life of someone from safety and health risks. Business must use safety measures and methods that are not dangerous to someone ‘health. Business should discourage those procedures that are not safe for the health of workers in the organisation. Business must feel responsibility for unhealthy and unsafe working environment to workers[10]. In this circumstances, workers are compelled to work in these unhealthy setting that badly affects the physical as well as psychological conditions of employees. Therefore, business is 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 to, companies offer training programs to certain workers to improve as well as skills that will increase their likelihoods of promotion. A business gives favour 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’ reproductive condition. As well as, some agencies prefer only white workers for their organisation. Business must design adequate policies to eradicate these problems by making sure equality of humanity.

Right for torture free workplace

Sometimes it occurs that business 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 their processes as well as operations where police forces do not claim company to regard such rights of a human. Business should be accountable for giving healthy workplace environment for work as well as fosters a place of work that must be torture free[11]. Business must make a work setting tension free. A business enterprise must feel the workers friendly environment for positive outcomes.

Right protect cultural heritage

Moreover, companies involved in certain activities like construction as well as resource extraction that has a huge influence on the right of indigenous people. In this case, the certain activities of business isolate the groups from particular areas of cultural knowledge and significance or by destroying the heritage of culture. As well as, it is the accountability of business and company to protect traditional things and cultural heritage by controlling the 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. Business should be liable to protect the traditional knowledge by keeping control on 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 system, workers pass through some severe diseases[12]. In this way, the health of workers affects badly. As well as, the business also affect local community by expanding their operations. Due to expansion, the local community feels limited access to food owning less space in arable land. In addition to, business’ processes threaten or pollute the existing resources of water. So, the operations of business 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 suffers from severe infections due to 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. Business must be responsible for taking corrective actions to save the human as well as organisms that live in water. Business 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, 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 violated the rights of human and 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 a right of an individual to be protected from unreasonable interference with their family, privacy, 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 this 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. Business should be accountable for this 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 has customary importance to those individuals that reside in this area at what time the land was picked up by 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 influences the individual right to determination. However, it is a right of people to have social, economic and cultural development, to throw away natural resources of land as well as not be lacking means of survival[15]. The corporation must reserve the right of people before initiating any project. Thus, business is liable to ask for people living in this area where the corporation wants to initiate new projects. Business must feel a responsibility in this regard to realising the people by giving this right. In this situation, a business must seek the decision of people in particular place where business wants to pursue its operations.

Right to a fair trial

In some situation, the business tries to abolish judicial process by ruining significant evidence. It might be possible that 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. Business should be accountable for this immoral act and tries to get rid all of these unethical activities. It does not only corrupt the process but also discourage other people from following certain procedures and policies. It is the ethical responsibility of business to follow the specific procedures than following short pathways to get objectives. This activity will ruin the overall structure of the judicial process and will possibly demotivate other people involving 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 dressed 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 life of minority group. For example, this activity may aim to prevent minority group as of ceremonial activities. Business 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. Business should not discriminate by ethnicity. Business must realise as well as recognise everyone equal in the working environment. Business is liable to provide such 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 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 accountability to protect the rights of a human for their operations with which they are concerned. They should also highlight those elements that have an adverse impact on rights of employees, customer, 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 rights of a human. Business must incorporate those strategic activities that do not impede with the violation of rights of human. It is also a corporate duty of enterprises to take steps for proceeding the subjects of human rights. The objective of corporate must protect 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 human regardless of the factor where they are functioning.

Bibliography

Ruggie, J. (2008). Protect, respect and remedy: A framework for business and human rights. Innovations: Technology, Governance, Globalization3(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 law97(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 Rights14(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, Globalization3(2), 189-212.
  2. Ruggie, J. (2008). Protect, respect and remedy: A framework for business and human rights. Innovations: Technology, Governance, Globalization3(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 law97(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 Rights14(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 law97(4), 901-922.

SEARCH

Top-right-side-AD-min
WHY US?

Calculate Your Order




Standard price

$310

SAVE ON YOUR FIRST ORDER!

$263.5

YOU MAY ALSO LIKE

Pop-up Message