Chapter FourThe United Nations Business and Human Rights Framework

The legal system of international human rights emerged in the twentieth century with the explicit goal of protecting individuals against abuses by states. In practice, the current international human rights legal system includes, at a minimum, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the International Labour Conventions. However, as we have seen, the supranational status of transnational companies, and the potential abuse of power by transnational companies (TNCs) in relation to individuals, requires that TNCs be addressed in the contemporary international system of human rights (Clapham 1993, p. 138). TNCs operating in the global economy support human rights by providing jobs with compensation adequate for a decent standard of living, safe and healthy working conditions, products and services beneficial to humanity, and by demonstrating respect for the rule of law. TNCs operating in the global economy also violate human rights by providing below subsistence compensation, unsafe working conditions, harmful environmental pollution, engaging in bribery, harming indigenous populations, and by ignoring host nation laws. An examination of 65 sample cases of egregious human rights violations that were alleged by nongovernmental organizations (NGOs) to have been committed by TNCs found ...

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