Refining the<i>Protect, Respect and Remedy</i>Framework for Business and Human Rights and its Guiding Principles

Davitti, Daria

doi:10.1093/hrlr/ngv037

Cited by 12 publications

(4 citation statements)

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“…This classical social virtue has gained strength and becomes current in the context of a need for a circular economy where quality and continuous improvement are compatible with the sustainability of the business and the planet. In the last decades, the United Nations have worked in the need to repair the damage caused through business activities, especially regarding human rights (Nolan 2005;Ruggie, 2011;Nolan and Taylor, 2009;Murphy and Vives, 2013;Davitti, 2016). In other words, regaining the order lost to the ambition of achieving a result without a holistic and systemic vision of business activity in terms of human rights.…”

Section: Discussionmentioning

confidence: 99%

Conscious Firms: A Disruptive Productivity Model with Human Development at the Service of Stakeholders

Koponen

Álamo

2021

Progress in Ethical Practices of Businesses

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In the present, social awareness is found in the form of organisations being conscious. The existence of the entrepreneurial phenomenon is explained from the social roots of human behaviour. Without sociability, there is no firm and without awareness, there is no responsible firm. By deeply exploring a case study of a conscious firm awarded by the Schwab Foundation for Social Entrepreneurship, this study contributes to the literature on entrepreneurship and ethical and socially responsible business management. We offer a theory and a productive model with human development that fosters entrepreneurship and makes it possible to build ethical interactions between the firm and the stakeholders. The methodology used is qualitative with a humanistic approach and presents the hypothesis that, if conscious firms want to have high productive performance, they must empower the worker in a way that turns them into entrepreneurs of their own work. The most important conclusion of this work is that conscious firms must have a productivity model that combines two processes: sustainable economic growth and comprehensive human development. We also suggest theoretical and practical implications for the consolidation of ethical advancements in the business world.

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Section: Discussionmentioning

confidence: 99%

Conscious Firms: A Disruptive Productivity Model with Human Development at the Service of Stakeholders

Koponen

Álamo

2021

Progress in Ethical Practices of Businesses

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“…However, these documents and the literature 25 on the pharmaceutical industry's responsibility, which primarily focuses on the potential contradictions between intellectual property rights and access to medicines, 26 do not address other profit-oriented behavior, including behaviors that directly affect the public interest and the right to health, 27 such as corporate discretion to allocate life-saving immunizations. [28][29][30] The behavior of pharmaceutical companies raises questions about their responsibility for human rights violations in ensuring access to vaccines. The rhetoric of "solidarity" and "global public goods" seems to have been overcome by the harsh reality of vaccine nationalism 14,31 in which governments prioritize their citizens at the expense of global health interests.…”

Section: Implications For the Publicmentioning

confidence: 99%

More Pain, More Gain! The Delivery of COVID-19 Vaccines and the Pharmaceutical Industry’s Role in Widening the Access Gap

Borges

Menezes

Crosbie

2022

Int J Health Policy Manag

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Background: An effective response to the COVID-19 pandemic entails a comprehensive strategy that ensures equitable access to all COVID-19-fighting technologies. To achieve this goal, the international community has acknowledged immunization as a public good. However, a trend of grossly unequal dose distribution emerged, owing, among other factors, to pharmaceutical companies' profit-driven actions, jeopardizing the mechanisms built to increase vaccine access. The contradiction between public health interests and corporate discretion in determining vaccine dose distribution poses critical concerns about the health risks associated with lengthening the duration of the pandemic and the eventual liability of companies for violations of human rights. Methods: To evaluate the risks posed to the COVID-19 immunization program, data on vaccine allocation and delivery, vaccine dose application, immunized populations, and the volume of Advanced Purchase Agreements (APAs) between countries and pharmaceutical companies were compiled and assessed. A descriptive analysis was then conducted to analyze the role of pharmaceutical companies in providing equitable access to COVID-19 vaccines. Results: When the data is broken down by income (as of June 2021), it shows that high-income countries have already crossed the COVAX 20% immunization threshold. However, countries of all other income levels have yet to achieve this mark for fully vaccinated people. Upper-middle-income countries have approximately 3%, low-and-middle-income countries have approximately 2% and low-income countries have less than 0.1% of fully vaccinated people per hundred. The supply shortage is expected to last until the second half of 2021. Conclusion: As a result of the COVAX failure, a health gap emerged with countries living in a pre-immunization period for an extended time. The existing conflict between the international response to tackle COVID-19 and corporate profit-driven behavior contributed to prolonging pandemic, especially in Africa. Accordingly, there is a need to approve an international treaty that targets the activities of all actors, including the pharmaceutical companies, in protecting human rights and the right to health realms.

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“…59 Many of these parameters strongly echo the rule of law issues routinely applied in domestic settings and are also addressed in the Procedural Guidelines for NCPs as highlighted above. Although the UNGPs may be rightly criticized for failing to recognize the extent of home state obligations to regulate business enterprises 60 and for constraining the discussion on direct business duties under public international law, 61 they do provide a comprehensive overview of procedural conditions around effective remedy for rights-holders aggrieved by business-related wrongdoings. The Commentary to Principle 31 UNGPs also highlights the importance of designing remedy mechanisms effectively, as poorly designed or implemented remedy mechanisms may have compounding effects on rights-holders by heightening their sense of disempowerment.…”

Section: Defining Effective Remedymentioning

confidence: 99%

OECD National Contact Points as Sites of Effective Remedy: New Expressions of the Role and Rule of Law within Market Globalization?

Bhatt¹,

Türkelli²

2021

Bus. and hum. rights j.

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National Contact Points (NCPs), which support the OECD Guidelines for Multinational Enterprises, are often invoked as a reliable state-based mechanism for holding transnational corporations accountable for business-related human rights abuses. The objective of this article is to scrutinize the ability of NCPs to offer effective remedy through the lens of an often-quoted success story (the case of the post-colonial brewery Bralima-Heineken at the Dutch NCP) and through a few existing studies that examine factors that curtail or enhance the possibility of NCP mechanisms to deliver effective remedy. Based on these findings, we suggest specific ‘actions for effectiveness’ in the form of recommendations for improving NCPs as a tool to deliver effective remedy. Zooming out, we extend some general observations on how our findings illustrate that NCPs are expressions of a larger systemic problem surrounding the role of law within market globalization and the impact of economic liberalization on the making of norms, changing legal authority and basic fairness under conditions of stark power imbalance. Supporting this approach are historical factors which make the OECD Guidelines and NCPs ripe for such conceptualization.

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Refining theProtect, Respect and RemedyFramework for Business and Human Rights and its Guiding Principles

Cited by 12 publications

References 0 publications

Conscious Firms: A Disruptive Productivity Model with Human Development at the Service of Stakeholders

Conscious Firms: A Disruptive Productivity Model with Human Development at the Service of Stakeholders

More Pain, More Gain! The Delivery of COVID-19 Vaccines and the Pharmaceutical Industry’s Role in Widening the Access Gap

OECD National Contact Points as Sites of Effective Remedy: New Expressions of the Role and Rule of Law within Market Globalization?

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