IDEAS home Printed from https://ideas.repec.org/a/kap/jbuset/v167y2020i3d10.1007_s10551-019-04147-2.html
   My bibliography  Save this article

Corporate Remediation of Human Rights Violations: A Restorative Justice Framework

Author

Listed:
  • Maximilian J. L. Schormair

    (University of Hamburg)

  • Lara M. Gerlach

Abstract

In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms (CGM) are currently missing. In this paper, we explore how companies can provide effective remediation after human rights violations. Accordingly, we critically assess two different approaches to conflict resolution, alternative dispute resolution (ADR) and restorative justice (RJ), for their potential to provide dialogue-based, non-judicial remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dialogue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should design and prepare the remediation process together with victims, offenders and affected community members. Through restorative dialogue with the affected parties about the circumstances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations.

Suggested Citation

  • Maximilian J. L. Schormair & Lara M. Gerlach, 2020. "Corporate Remediation of Human Rights Violations: A Restorative Justice Framework," Journal of Business Ethics, Springer, vol. 167(3), pages 475-493, December.
    • Handle: RePEc:kap:jbuset:v:167:y:2020:i:3:d:10.1007_s10551-019-04147-2
    DOI: 10.1007/s10551-019-04147-2
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s10551-019-04147-2
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1007/s10551-019-04147-2?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Matthew Murphy & Jordi Vives, 2013. "Perceptions of Justice and the Human Rights Protect, Respect, and Remedy Framework," Journal of Business Ethics, Springer, vol. 116(4), pages 781-797, September.
    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. Gillespie, Nicole & Dietz, Graham & Lockey, Steve, 2014. "Organizational Reintegration and Trust Repair after an Integrity Violation: A Case Study," Business Ethics Quarterly, Cambridge University Press, vol. 24(3), pages 371-410, July.
    4. Dorothée Baumann-Pauly & Justine Nolan & Auret Heerden & Michael Samway, 2017. "Industry-Specific Multi-Stakeholder Initiatives That Govern Corporate Human Rights Standards: Legitimacy assessments of the Fair Labor Association and the Global Network Initiative," Journal of Business Ethics, Springer, vol. 143(4), pages 771-787, July.
    5. Arnold, Denis G., 2010. "Transnational Corporations and the Duty to Respect Basic Human Rights," Business Ethics Quarterly, Cambridge University Press, vol. 20(3), pages 371-399, July.
    6. Goodstein, Jerry & Butterfield, Kenneth D., 2010. "Extending the Horizon of Business Ethics: Restorative Justice and the Aftermath of Unethical Behavior," Business Ethics Quarterly, Cambridge University Press, vol. 20(3), pages 453-480, July.
    7. Muchlinski, Peter, 2012. "Implementing the New UN Corporate Human Rights Framework: Implications for Corporate Law, Governance, and Regulation," Business Ethics Quarterly, Cambridge University Press, vol. 22(1), pages 145-177, January.
    8. Cragg, Wesley, 2012. "Ethics, Enlightened Self-Interest, and the Corporate Responsibility to Respect Human Rights: A Critical Look at the Justificatory Foundations of the UN Framework," Business Ethics Quarterly, Cambridge University Press, vol. 22(1), pages 9-36, January.
    9. Goltsman, Maria & Hörner, Johannes & Pavlov, Gregory & Squintani, Francesco, 2009. "Mediation, arbitration and negotiation," Journal of Economic Theory, Elsevier, vol. 144(4), pages 1397-1420, July.
    10. Ken McPhail & John Ferguson, 2016. "The past, the present and the future of accounting for human rights," Accounting, Auditing & Accountability Journal, Emerald Group Publishing Limited, vol. 29(4), pages 526-541, May.
    11. Cragg, Wesley & Arnold, Denis G. & Muchlinski, Peter, 2012. "Guest Editors’ Introduction: Human Rights and Business," Business Ethics Quarterly, Cambridge University Press, vol. 22(1), pages 1-7, January.
    12. Judith Schrempf-Stirling & Florian Wettstein, 2017. "Beyond Guilty Verdicts: Human Rights Litigation and its Impact on Corporations’ Human Rights Policies," Journal of Business Ethics, Springer, vol. 145(3), pages 545-562, October.
    13. Bertels, Stephanie & Cody, Michael & Pek, Simon, 2014. "A Responsive Approach to Organizational Misconduct: Rehabilitation, Reintegration, and the Reduction of Reoffense," Business Ethics Quarterly, Cambridge University Press, vol. 24(3), pages 343-370, July.
    14. Sébastien Mena & Marieke Leede & Dorothée Baumann & Nicky Black & Sara Lindeman & Lindsay McShane, 2010. "Advancing the Business and Human Rights Agenda: Dialogue, Empowerment, and Constructive Engagement," Journal of Business Ethics, Springer, vol. 93(1), pages 161-188, April.
    15. THOMPSON, Benjamin, 2017. "Determining Criteria to Evaluate Outcomes of Businesses’ Provision of Remedy: Applying a Human Rights-Based Approach," Business and Human Rights Journal, Cambridge University Press, vol. 2(1), pages 55-85, January.
    16. Samantha Balaton‐Chrimes & Fiona Haines, 2015. "The Depoliticisation of Accountability Processes for Land‐Based Grievances, and the IFC CAO," Global Policy, London School of Economics and Political Science, vol. 6(4), pages 446-454, November.
    17. Wettstein, Florian, 2012. "Silence as Complicity: Elements of a Corporate Duty to Speak Out Against the Violation of Human Rights," Business Ethics Quarterly, Cambridge University Press, vol. 22(1), pages 37-61, January.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Eva Baarle & Steven Baarle & Guy Widdershoven & Roland Bal & Jan-Willem Weenink, 2024. "Sexual Boundary Violations: Exploring How the Interplay Between Violations, Retributive, and Restorative Responses Affects Teams," Journal of Business Ethics, Springer, vol. 191(1), pages 131-146, April.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Onyeka K. Osuji & Ugochukwu L. Obibuaku, 2016. "Rights and Corporate Social Responsibility: Competing or Complementary Approaches to Poverty Reduction and Socioeconomic Rights?," Journal of Business Ethics, Springer, vol. 136(2), pages 329-347, June.
    2. 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.
    3. Karin Buhmann, 2016. "Public Regulators and CSR: The ‘Social Licence to Operate’ in Recent United Nations Instruments on Business and Human Rights and the Juridification of CSR," Journal of Business Ethics, Springer, vol. 136(4), pages 699-714, July.
    4. Luciano Ciravegna & Federica Nieri, 2022. "Business and Human Rights: A Configurational View of the Antecedents of Human Rights Infringements by Emerging Market Firms," Journal of Business Ethics, Springer, vol. 179(2), pages 431-450, August.
    5. Matthew Murphy & Jordi Vives, 2013. "Perceptions of Justice and the Human Rights Protect, Respect, and Remedy Framework," Journal of Business Ethics, Springer, vol. 116(4), pages 781-797, September.
    6. 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.
    7. Judith Schrempf-Stirling & Florian Wettstein, 2017. "Beyond Guilty Verdicts: Human Rights Litigation and its Impact on Corporations’ Human Rights Policies," Journal of Business Ethics, Springer, vol. 145(3), pages 545-562, October.
    8. 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.
    9. Davide Fiaschi & Elisa Giuliani, 2011. "The impact of business on society: exploring CRS adoption and alleged human rights abuses by large corporations," LEM Papers Series 2011/13, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.
    10. Eva Baarle & Steven Baarle & Guy Widdershoven & Roland Bal & Jan-Willem Weenink, 2024. "Sexual Boundary Violations: Exploring How the Interplay Between Violations, Retributive, and Restorative Responses Affects Teams," Journal of Business Ethics, Springer, vol. 191(1), pages 131-146, April.
    11. William D. Brink & Karen De Meyst & Tim V. Eaton, 2022. "The Impact of Human Rights Reporting and Presentation Formats on Non-Professional Investors’ Perceptions and Intentions to Invest," Sustainability, MDPI, vol. 14(4), pages 1-25, February.
    12. Hannes Hofmann & Martin C. Schleper & Constantin Blome, 2018. "Conflict Minerals and Supply Chain Due Diligence: An Exploratory Study of Multi-tier Supply Chains," Journal of Business Ethics, Springer, vol. 147(1), pages 115-141, January.
    13. Vasconcelos Anselmo Ferreira, 2017. "Organizational Diversity Commitment: A Web-Based Investigation," Management & Marketing, Sciendo, vol. 12(3), pages 474-499, September.
    14. Prabhir Poruthiyil, 2013. "Weaning Business Ethics from Strategic Economism: The Development Ethics Perspective," Journal of Business Ethics, Springer, vol. 116(4), pages 735-749, September.
    15. Kapoor, Ishaan & Pratt-Rogers, William & Kahraman, Muhammet Mustafa, 2022. "The problem of conflict minerals: A review of current approaches and a web 3.0 inspired road ahead," Resources Policy, Elsevier, vol. 79(C).
    16. Schleper, Martin C. & Blome, Constantin & Stevenson, Mark & Thürer, Matthias & Tusell, Iu, 2022. "When it’s the slaves that pay: In search of a fair due diligence cost distribution in conflict mineral supply chains," Transportation Research Part E: Logistics and Transportation Review, Elsevier, vol. 164(C).
    17. Ana Čertanec, 2019. "The Connection between Corporate Social Responsibility and Corporate Respect for Human Rights," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 2, pages 103-127, June.
    18. M. Tina Dacin & Jeffrey S. Harrison & David Hess & Sheila Killian & Julia Roloff, 2022. "Business Versus Ethics? Thoughts on the Future of Business Ethics," Journal of Business Ethics, Springer, vol. 180(3), pages 863-877, October.
    19. Pisani, Niccolò & Kourula, Arno & Kolk, Ans & Meijer, Renske, 2017. "How global is international CSR research? Insights and recommendations from a systematic review," Journal of World Business, Elsevier, vol. 52(5), pages 591-614.
    20. Kolk, Ans, 2016. "The social responsibility of international business: From ethics and the environment to CSR and sustainable development," Journal of World Business, Elsevier, vol. 51(1), pages 23-34.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:jbuset:v:167:y:2020:i:3:d:10.1007_s10551-019-04147-2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.