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“Traduttore, Traditore?” Translating Human Rights into the Corporate Context

Author

Listed:
  • Marisa McVey

    (University of St Andrews)

  • John Ferguson

    (University of St Andrews)

  • François-Régis Puyou

    (University of St Andrews)

Abstract

This paper critically investigates the implementation of the UN guiding principles on business and human rights (UNGPs) into the corporate setting through the concept of ‘translation’. In the decade since the creation of the UNGPs, little academic research has focussed specifically on the corporate implementation of human rights. Drawing on qualitative case studies of two multinational corporations—an oil and gas company and a bank—this paper unpacks how human rights are translated into the corporate context. In doing so, the paper focuses on the “resonance dilemma” translators encounter, the strategies used to make human rights understandable and palatable, and the difficulties that emerge from this process. We contend that the process of making human rights understandable and manageable can change their form and content, which may act as an obstacle to human rights realisation and corporate accountability for human rights.

Suggested Citation

  • 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.
    • Handle: RePEc:kap:jbuset:v:182:y:2023:i:3:d:10.1007_s10551-021-05028-3
    DOI: 10.1007/s10551-021-05028-3
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    References listed on IDEAS

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    1. 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.
    2. Obara, Louise J. & Peattie, Ken, 2018. "Bridging the great divide? Making sense of the human rights-CSR relationship in UK multinational companies," Journal of World Business, Elsevier, vol. 53(6), pages 781-793.
    3. McCORQUODALE, Robert & SMIT, Lise & NEELY, Stuart & BROOKS, Robin, 2017. "Human Rights Due Diligence in Law and Practice: Good Practices and Challenges for Business Enterprises §," Business and Human Rights Journal, Cambridge University Press, vol. 2(2), pages 195-224, July.
    4. Behnam, Michael & MacLean, Tammy L., 2011. "Where Is the Accountability in International Accountability Standards?: A Decoupling Perspective," Business Ethics Quarterly, Cambridge University Press, vol. 21(1), pages 45-72, January.
    5. WERHANE, Patricia H, 2016. "Corporate Moral Agency and the Responsibility to Respect Human Rights in the UN Guiding Principles: Do Corporations Have Moral Rights?," Business and Human Rights Journal, Cambridge University Press, vol. 1(1), pages 5-20, January.
    6. Sharon Gilad, 2011. "Institutionalizing fairness in financial markets: Mission impossible?," Regulation & Governance, John Wiley & Sons, vol. 5(3), pages 309-332, September.
    7. Maher, Rajiv & Monciardini, David & Böhm, Steffen, 2021. "Torn between Legal Claiming and Privatized Remedy: Rights Mobilization against Gold Mining in Chile," Business Ethics Quarterly, Cambridge University Press, vol. 31(1), pages 37-74, January.
    8. 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.
    9. Rashmi Venkatesan, 2019. "The UN Framework on Business and Human Rights: A Workers’ Rights Critique," Journal of Business Ethics, Springer, vol. 157(3), pages 635-652, July.
    10. Andreas Georg Scherer & Andreas Rasche & Guido Palazzo & André Spicer, 2016. "Managing for Political Corporate Social Responsibility: New Challenges and Directions for PCSR 2.0," Journal of Management Studies, Wiley Blackwell, vol. 53(3), pages 273-298, May.
    11. Sally Engle Merry, 2019. "The Sustainable Development Goals Confront the Infrastructure of Measurement," Global Policy, London School of Economics and Political Science, vol. 10(S1), pages 146-148, January.
    12. 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.
    13. BRENKERT, George G, 2016. "Business Ethics and Human Rights: An Overview," Business and Human Rights Journal, Cambridge University Press, vol. 1(2), pages 277-306, July.
    14. Andreas Georg Scherer & Guido Palazzo, 2011. "The New Political Role of Business in a Globalized World: A Review of a New Perspective on CSR and its Implications for the Firm, Governance, and Democracy," Journal of Management Studies, Wiley Blackwell, vol. 48(4), pages 899-931, June.
    15. HSIEH, Nien-hê, 2017. "Business Responsibilities for Human Rights: A Commentary on Arnold," Business and Human Rights Journal, Cambridge University Press, vol. 2(2), pages 297-309, July.
    16. 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.
    17. ARNOLD, Denis G, 2016. "Corporations and Human Rights Obligations," Business and Human Rights Journal, Cambridge University Press, vol. 1(2), pages 255-275, July.
    18. repec:eme:aaaj00:aaaj-03-2016-2441 is not listed on IDEAS
    19. MAHER, Rajiv, 2020. "De-contextualized Corporate Human Rights Benchmarks: Whose Perspective Counts? See Disclaimer," Business and Human Rights Journal, Cambridge University Press, vol. 5(1), pages 156-163, January.
    20. OBARA, Louise J, 2017. "‘What Does This Mean?’: How UK Companies Make Sense of Human Rights," Business and Human Rights Journal, Cambridge University Press, vol. 2(2), pages 249-273, July.
    21. Michael Dougherty & Tricia Olsen, 2014. "Taking Terrain Literally: Grounding Local Adaptation to Corporate Social Responsibility in the Extractive Industries," Journal of Business Ethics, Springer, vol. 119(3), pages 423-434, February.
    22. Maya Unnithan & Carolyn Heitmeyer, 2014. "Challenges in ‘Translating’ Human Rights: Perceptions and Practices of Civil Society Actors in Western India," Development and Change, International Institute of Social Studies, vol. 45(6), pages 1361-1384, November.
    23. 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.
    24. repec:cup:buhurj:v:4:y:2019:i:02:p:201-212_00 is not listed on IDEAS
    25. Nadia Bernaz, 2013. "Enhancing Corporate Accountability for Human Rights Violations: Is Extraterritoriality the Magic Potion?," Journal of Business Ethics, Springer, vol. 117(3), pages 493-511, October.
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