Corporate Responsibility for Economic, Social and Cultural Rights: Rights in Search of a Remedy?

19 Pages Posted: 19 Jan 2010

See all articles by Justine Nolan

Justine Nolan

University of New South Wales (UNSW) - Faculty of Law

Luke Taylor

affiliation not provided to SSRN

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Date Written: December 29, 2009

Abstract

It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation’s sphere of responsibility. It then analyses how corporations may be held accountable for violations of such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie’s (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights.

Keywords: Corporate responsibility, human rights, economic social and cultural rights, ATCA, soft law, United Nations

JEL Classification: K33

Suggested Citation

Nolan, Justine and Taylor, Luke, Corporate Responsibility for Economic, Social and Cultural Rights: Rights in Search of a Remedy? (December 29, 2009). Journal of Business Ethics, Vol. 87, No. 2, 2009, Available at SSRN: https://ssrn.com/abstract=1538604

Justine Nolan (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Luke Taylor

affiliation not provided to SSRN

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