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The Limits of Corporate Human Rights Obligations and the Rights of For-Profit Corporations

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  • Bishop, John Douglas

Abstract

The extension of human rights obligations to corporations raises questions about whose rights and which rights corporations are responsible for. This paper gives a partial answer by asking what legal rights corporations would need to have to fulfil various sorts of human rights obligations. We should compare the chances of human rights fulfilment (and violations) that are likely to result from assigning human rights obligations to corporations with the chances of human rights fulfilment (and violations) that are likely to result from giving corporations the legal rights needed to undertake those human rights obligations. Corporations should respect basic human rights of all people. Non-complicity in human rights violations requires that corporations have the right to political freedom of speech. To actively protect people from human rights violations, corporations need the right to hire armed security personnel; such obligations should be limited to protecting corporate property and narrowly defined stakeholders. Obligations to spend corporate resources on human rights fulfilment are confined to contributing to specific projects. Corporations have no obligation to ensure a society in which human rights are fulfilled. This principle helps us understand why corporate obligations are substantially different from those of governments.

Suggested Citation

  • Bishop, John Douglas, 2012. "The Limits of Corporate Human Rights Obligations and the Rights of For-Profit Corporations," Business Ethics Quarterly, Cambridge University Press, vol. 22(1), pages 119-144, January.
    • Handle: RePEc:cup:buetqu:v:22:y:2012:i:01:p:119-144_00
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    Cited by:

    1. Charlotte Bigard & Charlotte Michel & Maya Leroy, 2022. "Vers une performance écologique des activités en mer : Quels apprentissages tirer des entreprises maritimes innovantes de la transition ?," Working Papers hal-03632459, HAL.
    2. Björn Fasterling & Geert Demuijnck, 2013. "Human Rights in the Void? Due Diligence in the UN Guiding Principles on Business and Human Rights," Journal of Business Ethics, Springer, vol. 116(4), pages 799-814, September.
    3. Marisa McVey & John Ferguson & François-Régis Puyou, 2023. "“Traduttore, Traditore?” Translating Human Rights into the Corporate Context," Journal of Business Ethics, Springer, vol. 182(3), pages 573-596, January.
    4. Chen, Naiwei & Yu, Min-Teh, 2024. "Human rights and value of cash: Evidence from Islamic and non-Islamic countries," Pacific-Basin Finance Journal, Elsevier, vol. 86(C).
    5. Matthew Amengual & Rita Mota & Alexander Rustler, 2023. "The ‘Court of Public Opinion:’ Public Perceptions of Business Involvement in Human Rights Violations," Journal of Business Ethics, Springer, vol. 185(1), pages 49-74, June.
    6. Nicolas Dahan & Jonathan Doh & Jonathan Raelin, 2015. "Pivoting the Role of Government in the Business and Society Interface: A Stakeholder Perspective," Journal of Business Ethics, Springer, vol. 131(3), pages 665-680, October.
    7. Wettstein, Florian & Giuliani, Elisa & Santangelo, Grazia D. & Stahl, Günter K., 2019. "International business and human rights: A research agenda," Journal of World Business, Elsevier, vol. 54(1), pages 54-65.
    8. Mende, Janne, 2020. "Business authority in global governance: Beyond public and private," Discussion Papers, Research Unit: Global Governance SP IV 2020-103, WZB Berlin Social Science Center.
    9. John E. Katsos & Yass AlKafaji, 2019. "Business in War Zones: How Companies Promote Peace in Iraq," Journal of Business Ethics, Springer, vol. 155(1), pages 41-56, March.
    10. Mende, Janne, 2022. "Business authority in global governance: Beyond public and private," Discussion Papers, Research Unit: Global Governance SP IV 2020-103r, WZB Berlin Social Science Center, revised 2022.
    11. Sarah Tiba & Frank J. van Rijnsoever & Marko P. Hekkert, 2019. "Firms with benefits: A systematic review of responsible entrepreneurship and corporate social responsibility literature," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 26(2), pages 265-284, March.

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