BUSINESS ETHICS AND HUMAN RIGHTS

1) Evolution of Business Ethics

Keywords: Social responsibility, pre capitalist societies, democracy and

justice system, stakeholder rights and government regulation, maximizing
ethical behavior and standards, reducing ethical risks, cultural and social
values, corporate strategy and management practices, wealth and just society,
economic growth, corporate social responsibility, set of moral principles
governing a body.

INTRODUCTION

 Evolution of business ethics begins with a broad perspective of modern

society's progress and then discusses the historical evolution of business
ethics and social responsibility.
 It describes business ethics in precapitalist societies, within Adam Smith's
conceptualization of capitalism, and under capitalism. With the maturation of
democracy and the justice system during the second half of the 20th century,
tension points between stakeholder rights and government regulation rose to
prominence.
 It deals with the Ethical Systems Model, a conceptual framework for
maximising ethical behaviour and reducing ethical risks in organisations.

RELEVANCE OF ETHICS IN THE BUSINESS WORLD

 Research on business ethics has shown that perceptions of what constitutes

ethical business standards differ significantly around the world. Business
ethics has become an important requirement for doing business in the global
marketplace, and is considered a necessary pillar for business success.
 Successful global businesses in emerging economies tend to draw on
indigenous cultural values and practices to develop corporate strategies and
 management practices. Cultural and religious differences between countries
are the major reasons behind the variations in ethical standards and business
practices

HISTORICAL FLOW OF BUSINESS ETHICS

 Business ethics must be understood from an evolutionary perspective to

appreciate how our conceptions of ethical and unethical behaviours at work
have developed over time.
 The movement of history has been toward the creation of a wealthy and just
society, which requires enhanced economic growth and respect for people.
The current mix of ethical issues in a country's business sector is a function of
its economic, social, and moral evolution.
 Our conceptions of right and wrong have evolved over time, as have the laws
governing our behaviours. Progress in business ethics and corporate social
responsibility, along with well-entrenched problems, can be partly explained
by Charles Darwin's theories of survival of the fittest and natural selection."
 Businesses that fit the economic, political, and moral environment of their
time survive by adapting to changing social and political norms.

IMPORTANCE OF BUSINESS ETHICS

 Ethics is a systematic approach to moral judgments based on reason, analysis,

synthesis, and reflection of one’s environment.
 An ethic is a set of moral principles derived from the Greek word “ethos”
which means the characteristic spirit or attitudes of a community, people, or
system.
 Business ethics is the application of ethical principles to issues that arise in
the conduct of business activity. Management in its broadest sense is defined
as “getting things done through and with people''.
 Culture has been identified as a significant determinant of ethical attitudes
and management style of business managers worldwide. Some researchers
 have argued that irrespective of culture, western business ethics must be
adopted to trade and survive in today’s global business environment.
 However, it has been shown that firms in emerging economies tend primarily
to draw on indigenous cultural values and practices to develop corporate
strategies, management practices, and business ethics to succeed. While
western thought promotes the idea that action is propelled by individual
drives, the Vedantic philosophy common in India views the role of
personality with its internal predispositions for motivation, as secondary to
societal considerations in guiding behavior.
 Hence an ethical individual is someone who acts according to acceptable
standards of behavior in terms of personal and social welfare within specific
cultural boundaries. Thus, when applying managerial theories to the Indian
milieu, certain adjustments must be made to accommodate for differences in
culture and religion.
 Research suggests that it makes good long-term business sense to be ethical.
Hence, to understand business ethics in India, it is crucial to be better
acquainted with its culture, history, and religion that form the basis of its
business ethical infrastructure.

EVOLUTION OF BUSINESS ETHICS IN INDIA

 The business history of India reveals a rich tradition of international trade

since ancient times, driven by a strong ethical foundation based on Hindu
religious principles.
 The adherence to high business ethics created a prosperous economy until the
nineteenth century.
 However, the effects of Western rule began eroding this ethical infrastructure,
leading to a commercial decline in recent centuries, and India became a
marginal economy.
 In the twenty-first century, India emerged as a major global economy, though
still lagging behind China in overall economic performance
● Panchayati Raj:

 The evolution of business ethics in India can be divided into several

distinct phases. The Panchayati Raj, which lasted until 1700, relied on
the Panchayati, a group of respected elders chosen by the local
community to regulate and rule. This system emphasized wealth
creation while upholding high business ethics, as guided by Hindu
religious texts. Traders specializing in international markets during
this time contributed to India's reputation for ethical behavior in trade.
 Since the events were majorly influenced by Hindu religious texts, the
basic ethical principles were taught and business norms were self-
regulated by the Panchayati. An important element during the
Panchayati Raj were the traders who specialized in international
markets. These traders paved the way for future international trade
through their renowned ethical behavior.

● The British Raj:

 The British Raj, from 1858 to 1947, brought significant changes to

India's business practices. British control provided an opportunity for
India's integration into the global economy, especially during the First
World War when demand for various products surged.
 However, the new British-influenced ethical principles replaced
traditional ones, leading to a decline in ethical conduct.
 The “new” ethical principles replaced the traditional ones, causing the
collapse of the old system, and bringing about a decline in ethical
conduct in India. The transition from a subsistence culture to a
capitalistic one weakened the moral fabric of society, and the pursuit
of individual interests without religious or ethical constraints further
eroded business ethics.

● License Raj or Permit Raj:

  The period of License Raj or Permit Raj, from 1947 to 1990, marked
India's struggle for independence and its attempt to establish itself as a
sovereign nation. The country adopted a mixed economy with
elements of a command economy and a free market.
 The shift towards Western administrative and economic systems
diminished the influence of traditional Hindu-based ethics. Public
sector control over major investments and businesses resulted in
inefficiency, corruption, and unethical behavior, hindering India's
growth.

● The Invisible Raj:

 The Invisible Raj, from 1990 to 1995, saw the weakening of Hinduism
and Vedantic-based ethics under the pressure of global markets.
Liberalization of the Indian economy led to increased competition for
Indian firms and the flourishing of entrepreneurial ventures.
 However, the focus on profits overshadowed ethical considerations,
leading to a decline in business ethics.

● Jugaad Raj:

 The Jugaad Raj, from 1995 to the present day, India faced challenges
of unethical and corrupt business practices in a highly competitive
environment with limited resources. The term "Jugaad" refers to
resourcefulness in navigating systems and getting things done, often in
the face of adverse circumstances.
 It became an acceptable way of doing business in India, reflecting a
cultural belief in finding solutions when regulations are not in one's
favor. While Jugaad fosters creativity and adaptability, it also presents
 risks and short-term thinking, neglecting long-term ethical
considerations.

2) Approaches to Business Ethics

Keywords: Teleological (Utilitarianism), Deontology, Emotive, Moral

Rights, Justice Approach
 There are different ways of thinking about ethical behavior. Some situations
offer clean- cut ethical choices. Stealing is unethical. There are other
situations where two or more values, rights, or obligations conflict with each
other and a choice must be made.

● Teleological Approach / Utilitarianism

 Also known as the consequentialist approach, it determines the moral

conduct based on the consequences of an activity. Whether an action is
right or wrong would depend upon the judgment about the
consequences of such an action.
 The idea is to judge the action morally if it delivers more good than
harm to society. For example, with this approach, lying to save one’s
life would be ethically acceptable.
 Some of the philosophers supporting this view are nineteenth century
philosophers John Stuart Mill and Jeremy Bentham. They proposed
that ethics and morality of an act should be judged based on their
ultimate utility.
 An act would be considered moral if it produced more satisfaction than
dissatisfaction for society. It must be understood that this satisfaction
or happiness should be for the society in general and not to the people
committing the act or the people who are directly involved in the act.
 For example, not paying the money to someone whom you owe may
make you happy but it disrupts the social system of fairness and equity
thus making the society unhappy. Accordingly, this would not be
considered as an ethical act.
 Similarly, a party who breaks a contract may be happy because it is
beneficial to it, but it would damage the society’s legal framework for
conducting business in an orderly fashion. Hence, it would not be an
ethical act.

● Deontological Approach
  While a “teleologist” focuses on doing what will maximize societal
welfare, a “deontologist” focuses on doing what is “right” based his
moral principles. Accordingly, some actions would be considered
wrong even if the consequences of these actions were good.
 According to DeGeorge: “The deontological approach is built upon the
premise that “duty” is the basic moral category and that the duty is
independent of the consequences. An action is right if it has certain
characteristics or is of a certain kind and wrong if it has other
characteristics or is of another kind.”
 This approach has more of a religious undertone. The ethical code of
conduct has been dictated by the Holy Scriptures. The wrongs and
rights have been defined by the word of God. This gives the concept of
ethics a fixed perception. Since the word of God is considered as
permanent and unchangeable, so then is the concept of ethics.
 This approach suggests that moral judgments be made on the
determination of intrinsic good or evil in an act which should be self-
evident. For example, the Ten Commandments would be considered as
one of the guidelines to determine what is intrinsically good and what
is intrinsically evil.

● Emotive Approach

 This approach is proposed by A.J. Ayer. He suggests that morals and

ethics are just the personal viewpoints and “moral judgements are
meaningless expressions of emotions.”
 The concept of morality is personal in nature and only reflects a
person’s emotions. This means that if a person feels good about an act,
then in his view, it is a moral act. For example, using loopholes to
cheat on income tax may be immoral from a societal point of view, but
the person filing the income tax returns sees nothing wrong with it.
 An extension of Emotive theory puts focus on the integrity of the
person. While the person is looking for his own “long term” benefit,
 he must have a “virtue ethics perspective” which primarily considers
the person’s character, motivations, and intentions.
 Character, motivations, and intentions must be consistent with the
principles accepted by society as ethical. The advantage of this
approach is that it allows the ethical decision maker to rely on relevant
community standards, “without going through the complex process of
trying to decide what is right in every situation using deontological or
teleological approaches.”

● Moral Rights Approach

 This approach views behavior as respecting and protecting

fundamental human rights, equal treatment under law and so on. Some
of these rights are set forth in documents such as the Bill of Rights in
America and U.N. Declaration of Human Rights.
 From an ethical point of view, people expect that their health and
safety is not endangered by unsafe products.
 They have a right not to be intentionally deceived on matters which
should be truthfully disclosed to them. Citizens have a fundamental
right to privacy and violation of such privacy would not be morally
justifiable.
 Individuals have the right to object and reject directives that violate
their moral or religious beliefs. For example, Sikhs are allowed to
wear turbans instead of putting on a hat as required by Royal Canadian
Police, because of their religious beliefs.

● Justice Approach

The justice view of moral behavior is based on the belief that ethical
decisions do not discriminate against people on the basis of any types of
preferences, but treat all people fairly, equitably and impartially, according to
established guiding rules and standards. All mankind is created equal and
 discriminating against any one based on race, gender, religion, nationality or
any such criteria would be considered unethical.

From an organizational point of view, all policies and rules should be fairly
administered. For example, a senior executive and an assembly worker
should get the same treatment for the same issue, such as a charge of sexual
harassment.

3) OHCHR (Office of the United Nations High Commissioner)

INTRODUCTION / ORIGIN

 Since the establishment of the United Nations in 1945, one of its

fundamental goals has been to promote and encourage respect for
 human rights for all without distinction as to race, sex, language, or
religion, as stipulated in the United Nations Charter.
 UN Human Rights is tasked with 'mainstreaming' human rights within
the United Nations, which means injecting a human rights perspective
into all United Nations programs. This is to ensure that peace and
security, development, and human rights -- the three essential pillars of
the United Nations system -- are interlinked and mutually reinforcing.
 OHCHR aids Governments so that they can implement the
international human rights standards they have committed to. This
assistance includes expertise and technical training in the areas of
administration of justice, legislative reform, and electoral processes.

FUNCTIONS:

Activities of the Office of the United Nations High Commissioner

1. INTERNATIONAL HUMAN RIGHTS MECHANISMS

a) Treaty bodies
b) Human Rights Council
c) Universal Periodic Review
d) Special Procedures
e) Follow up to the work of Human Rights Mechanisms
f) Humanitarian Funds

2. DEVELOPMENT
 Right to development

OHCHR increased its efforts to operationalize the right to development. OHCHR

advocacy, collaboration and partnerships focused on international cooperation and
solidarity, sustainable finance and investment, access to science, renewable energy,
and environmentally sound technology, including their women’s rights and gender
equality dimensions. OHCHR also worked towards integrating the right to
development into climate action, biodiversity action and South-South cooperation.
  Economic, Social and Cultural Rights

OHCHR continued its engagement with authorities and relevant stakeholders to

promote and advise on integrating human rights into the making of policy and laws
in the areas of health, social protection, adequate food, water and sanitation and
education. For example, OHCHR engaged with Governments, national human rights
institutions and civil society at the national level in Azerbaijan, Bahrain, Barbados,
Bosnia and Herzegovina, Burundi, Chad, Colombia

 PEACE AND SECURITY

a) Sexual and gender-based violence, sexual exploitation

OHCHR continued to strengthen the capacity of women’s organizations and key

stakeholders on sexual and gender-based violence, strategic litigation on sexual and
reproductive rights, access to justice and human-rights based investigation of
gender- based killings in Bolivia, Chile, Colombia and other such countries.

b) Support to Peace Missions

OHCHR continued to provide substantive and strategic support to human rights

components in United Nations peace operations and special political missions.
Through its strategic engagement with Security Council members and with other
relevant United Nations entities, OHCHR sought to strengthen the consideration of
human rights in Security Council resolutions, as well as to support the
implementation of human rights mandates in the field through training, technical
assistance and the implementation of compliance frameworks.

 NON- DISCRIMINATION
a) Gender equality and Human Rights

In Mexico, OHCHR advocated and provided guidance on sexual and reproductive

health and rights, including towards the decriminalization of abortion. In Paraguay,
OHCHR published a guide to address gender stereotyping by the judiciary and
strengthened the capacities of judicial personnel. In Sudan, OHCHR strengthened
the capacity of the Ministry of Labor and Social Development to address violence
against women and girls. In Central America, OHCHR continued to strengthen
women ́s organizations and other stakeholders in strategic litigation on sexual and
reproductive health and rights.

b) Sexual orientation, gender identity and sex characteristics

OHCHR continued advocating the human rights of lesbian, gay, bisexual,

transgender, intersex, queer and other (LGBTIQ+) persons through the Free & Equal
campaign and engaged in targeted advocacy, including on the occasion of the
International Day against Homophobia, Transphobia and Biphobia.

 ACCOUNTABILITY
a) Transitional Justice

OHCHR provided technical assistance to State institutions and other stakeholders to

support the design and implementation of inclusive, context-specific and victim-
centred transitional justice processes, including in Burkina Faso, Colombia, the
Democratic Republic of the Congo

b) Death Penalty

OHCHR continued advocating steps towards the abolition of the death penalty,
including in the Central African Republic, Equatorial Guinea, Liberia, Papua New
Guinea, Singapore and Zambia.

 PARTICIPATION
a) Human Rights Education

OHCHR continued conducting training and education activities in cooperation with

universities and institutes, including in Liberia, Mexico and the Niger. OHCHR also
continued to assist in the implementation of the fourth phase (2020–2024) of the
World Programme for Human Rights Education, focusing on youth, and supported
the Platform for Human Rights Education and Training of the Human Rights
Council in a side event on assessing progress in national implementation of the
World Programme. In February 2022, OHCHR co-published with the Equitas
International Centre for Human Rights Education a guide on good practices in
human rights education programming.

b) Enhancing and protecting civic space and people’s participation

OHCHR continued documenting challenges facing defenders and journalists

worldwide, offline and online. OHCHR collaborated with the United Nations Entity
for Gender Equality and the Empowerment of Women (UN-Women) in the
organization of a closed consultation with women human rights defenders from the
Middle East and North African regions. The discussions covered attacks and
reprisals, their impact on women’s participation in peace and security processes and
related protection needs and strategies.

4. CORE INTERNATIONAL HUMAN RIGHTS TREATIES

I. Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone

document in the history of human rights. Drafted by representatives with
different legal and cultural backgrounds from all regions of the world, the
Declaration was proclaimed by the United Nations General Assembly in Paris
on 10 December 1948 (General Assembly resolution 217 A) as a common
standard of achievements for all peoples and all nations. It sets out, for the
first time, fundamental human rights to be universally protected and it has
been translated into over 500 languages. The UDHR is widely recognized as
having inspired, and paved the way for, the adoption of more than seventy
human rights treaties, applied today on a permanent basis at global and
regional levels (all containing references to it in their preambles).

● Normative Framework: The UDHR serves as a universal normative

framework for human rights. It sets out the basic rights and freedoms
that should be guaranteed to all individuals, irrespective of cultural,
political, or social differences. This framework provides a shared
understanding of human rights principles that transcends geographical
and cultural boundaries.
● Legal and Moral Foundation: While the UDHR itself is not a legally
binding treaty, its principles have laid the foundation for various
international and regional human rights treaties and laws. Many of the
rights enshrined in the UDHR have been incorporated into legally
binding agreements, making it a moral and legal touchstone for
shaping national and international laws.
● Addressing Contemporary Challenges: The UDHR's principles are
adaptable to address contemporary human rights challenges. As
society evolves and new issues arise, the UDHR provides a solid basis
for discussing and addressing challenges such as digital rights,
environmental rights, gender equality, and more.
● Promotion of Peace and Security: Respect for human rights is
closely linked to peace and security. Upholding the principles of the
UDHR contributes to creating stable and just societies, reducing
conflicts, and fostering cooperation among nations.
 ● Protection Against Authoritarianism and Abuse of Power: In an
era marked by concerns about the erosion of democracy and the rise of
authoritarianism, the UDHR stands as a bulwark against the abuse of
power by governments and institutions. It reinforces the idea that
individuals have inherent dignity and rights that must be respected by
those in authority.

SUBJECT MATTER OF UDHR:

 Articles 1-2: These articles emphasize the principles of equality and dignity.
They assert that all human beings are born free and equal in dignity and
rights, and they should act towards one another in a spirit of brotherhood.
 Articles 3-11: These articles cover civil and political rights, including the
right to life, liberty, and security; the prohibition of torture and inhuman
treatment; the right to recognition as a person before the law; the right to a
fair trial; and the presumption of innocence.
 Article 12: This article establishes the right to privacy and protection of one's
personal and family life, as well as their home and correspondence.
 Articles 13-17: These articles address social, economic, and cultural rights,
including the right to freedom of movement and residence, the right to seek
asylum, the right to nationality, the right to marry and found a family, and the
right to own property.
 Articles 18-21: These articles focus on freedom of thought, conscience,
religion, expression, and assembly. They uphold the rights to hold and
express opinions, as well as the right to participate in government.
 Article 22: This article highlights the right to social security and the
realization of economic, social, and cultural rights that are necessary for an
individual's dignity and well-being.
 Articles 23-27: These articles delve deeper into economic, social, and
cultural rights, including the right to work, just and favorable conditions of
work, the right to rest and leisure, the right to education, and the right to
participate in cultural life.
  Articles 28-30: These articles address the principle of social order in which
rights and freedoms can be fully realized. They assert that everyone is entitled
to a social and international order in which these rights and freedoms can be
fully realized.

II. International Convention on the Elimination of All Forms of Racial

Discrimination (ICERD)

 The International Convention on the Elimination of All Forms of

Racial Discrimination was adopted in 1965 and entered into force in
1969. It remains the principal international human rights instrument
defining and prohibiting racial discrimination in all sectors of private
and public life. By becoming a party to ICERD, States have declared
that racial discrimination should be outlawed and have pledged
themselves to abide by the terms of the Convention.
 While ICERD has played a significant role in promoting racial
equality and combating discrimination, challenges remain in fully
implementing its provisions. Discrimination and racism continue to
persist in various forms across the world. Nevertheless, ICERD
provides a vital framework for raising awareness, advocating for
change, and holding states accountable for addressing racial
discrimination. It has been ratified by 182 countries.

SUBJECT MATTER OF ICERD: The UN International Convention on the

Elimination of All Forms of Racial Discrimination (ICERD) fights racism and
promotes equality worldwide. CERD articles focus on preventing, prohibiting, and
ending all types of racial discrimination. The convention covers legal, policy, and
practice discrimination based on race, color, descent, nationality, or ethnic origin.
CERD articles aim to end racial prejudice and promote equality and non-
discrimination for all.
 Article 1: Racial Discrimination Definition- This article defines racial
discrimination and prohibits it based on race, color, descent, nationality, or
ethnicity.
 Article 2: Commitment to End Racial Discrimination- This article
demands states parties to eliminate all forms of racial discrimination and
foster understanding, tolerance, and friendship among racial and ethnic
groupings.
 Article 3: Prohibition of Racial Segregation and Apartheid- This article
forbids racial segregation and apartheid.
 Article 4: Hate Speech and Racial Discrimination Criminalization - States
parties must outlaw hate speech and incitement to racial discrimination.
 Article 5: Equal Rights- This article stresses that everyone has the right to
legal equality regardless of race, color, nationality, or ethnicity. It guarantees
rights without regard to these considerations.
 Article 6: Effective Remedies Access - States must provide accessible and
effective remedies for racial discrimination victims. Access to courts and
other legal mechanisms.
 Article 7: Education and Confronting Prejudice- States parties must take
educational, informational, and other steps to prevent racial discrimination
and foster understanding, tolerance, and friendship amongst racial and ethnic
groupings.
 Article 8: Public Affairs Participation - Racial and ethnic minorities have
the right to engage in public affairs at all levels without prejudice under this
article.
 Article 9: Equality in Nationality Laws- States must prohibit discrimination
based on race, color, or ethnic origin in their nationality laws.
 Article 10: Elimination of Racial Discrimination in Various Fields - This
article stresses that states parties must remove racial prejudice in politics,
culture, business, and society.
 Article 11: Reporting and Monitoring Mechanisms - States parties must
periodically report to the UN on their treaty implementation efforts. The
 Committee on the Elimination of Racial Discrimination (CERD) reviews
these reports and makes recommendations to monitor convention
implementation.

Effects on the society:

The implementation of ICERD has spurred efforts to raise awareness about the
damaging effects of racial discrimination. Educational programs, workshops, and
campaigns have been developed to educate the public about the importance of racial
equality, diversity, and tolerance. ICERD's emphasis on eliminating racial
discrimination has prompted societies to promote multiculturalism and inclusivity.
The implementation of ICERD has influenced policy changes at various levels.
Governments and institutions have introduced policies to ensure equal access to
education, healthcare, employment, housing, and other essential services for all
individuals, regardless of their racial or ethnic background. These policies aim to
rectify historical inequalities and foster social cohesion. While the implementation
of ICERD has brought about positive changes, it has also faced challenges and
resistance in some societies. Some groups may resist efforts to eliminate
discrimination due to various factors, including cultural biases, economic disparities,
or political considerations. It is important to note that the impact of ICERD's
implementation can vary based on the commitment of individual countries, the level
of public awareness, and the effectiveness of enforcement mechanisms. Nonetheless,
the convention's principles and guidelines have played a crucial role in shaping
attitudes, policies, and actions towards the promotion of racial equality and the
elimination of racial discrimination.

III. International Covenant on Civil and Political Rights (ICCPR)

 The International Covenant on Civil and Political Rights (ICCPR) is a

significant international treaty adopted by the United Nations General
 Assembly in 1966. It came into force in 1976 and aims to protect and
promote civil and political rights for individuals around the world.
 The ICCPR, along with the Universal Declaration of Human Rights
and the International Covenant on Economic, Social and Cultural
Rights, constitute the International Bill of Human Rights.
 The ICCPR outlines a range of fundamental rights and freedoms. The
covenant serves as a legal basis for individuals to seek remedies at
both domestic and international levels in cases where their rights have
been violated. Non-governmental organizations and activists can
leverage the ICCPR to advocate for human rights, press for reforms,
and hold governments accountable for their actions.
 The covenant fosters international dialogue and cooperation on human
rights issues, facilitating discussions on best practices and challenges
faced by different countries.

PREAMBLE

 Considering that, in accordance with the principles proclaimed in the

Charter of the United Nations, recognition of the inherent dignity and
of the equal and inalienable rights of all members of the human family
is the foundation of freedom, justice and peace in the world.
 Recognizing that these rights derive from the inherent dignity of the
human person.
 Recognizing that, in accordance with the Universal Declaration of
Human Rights, the ideal of free human beings enjoying civil and
political freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his
civil and political rights, as well as his economic, social, and cultural
rights.
  Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human
rights and freedom
 Realizing that the individual, having duties to other individuals and to
the community to which he belongs, is under a responsibility to strive
for the promotion and observance of the rights recognized in the
present Covenant.

i. Right to Self-Determination - Article 1 recognizes the right of all people to

self-determination and the right to freely determine their political status. It
prohibits actions that may deprive people of their right to self-determination.
ii. Right to Non-Discrimination - Article 2 mandates that states parties must
ensure that the rights outlined in the covenant are enjoyed without
discrimination based on race, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status.
iii. Right to Life - Article 6 protects the inherent right to life and prohibits
arbitrary deprivation of life. It also restricts the imposition of the death
penalty to the most serious crimes and with procedural safeguards.
iv. Prohibition of Torture and Inhuman Treatment - Article 7 prohibits
torture, cruel, inhuman, or degrading treatment or punishment. It also
prevents the extradition of individuals to countries where they might be
subjected to such treatment.
v. Prohibition of Slavery and Forced Labor - Article 8 prohibits slavery,
servitude, and forced or compulsory labor.
vi. Right to Liberty and Security - Article 9 safeguards the right to liberty and
security of a person. It outlines procedures for lawful arrest and detention.
vii. Right to a Fair Trial - Article 14 ensures the right to a fair trial, including
the presumption of innocence, the right to be informed of charges, the right to
legal counsel, and the right to an impartial tribunal.
viii. Freedom of Thought, Conscience, Religion, and Belief - Article 18
guarantees the freedom of thought, conscience, religion, and belief. It
 includes the right to manifest one's religion or beliefs individually or in
community with others.
ix. Freedom of Expression - Article 19 protects the right to freedom of
expression, including freedom to seek, receive, and impart information and
ideas.
x. Right to Privacy - Article 17 safeguards the right to privacy, including
protection against arbitrary or unlawful interference with one's privacy,
family, home, or correspondence.
xi. Right to Peaceful Assembly and Association - Article 21 ensures the right
to peaceful assembly, and Article 22 guarantees the right to freedom of
association.
xii. Right to Political Participation - Article 25 safeguards the right to take part
in the conduct of public affairs, to vote, and to be elected in genuine periodic
elections

States parties are required to periodically report their progress to the UN

Human Rights Committee, which reviews compliance and offers
recommendations for improvements. Additionally, the ICCPR includes
optional protocols that allow individuals to submit complaints about rights
violations directly to the Committee. In today's world, the ICCPR remains
vital as technological advancements and evolving challenges reshape the
landscape of civil and political rights. The covenant provides a framework for
addressing issues like online freedom of expression, surveillance, and
discrimination. It empowers activists, NGOs, and citizens to hold
governments accountable for their actions and promotes a world where rights
and freedoms are not just aspirations, but tangible realities.

IV. International Covenant on Economic, Social and Cultural Rights

(ICESC)

 The International Covenant on Economic, Social and Cultural Rights

(ICESCR) is a significant international human rights treaty adopted by
 the United Nations General Assembly in 1966. It came into force in
1976 and focuses on the protection and promotion of economic, social,
and cultural rights. Together with the International Covenant on Civil
and Political Rights (ICCPR) and the Universal Declaration of Human
Rights, the ICESCR forms the International Bill of Human Rights.
 The ICESCR recognizes that economic, social, and cultural rights are
essential for the well-being and dignity of individuals and societies.
These rights encompass a wide range of issues, including the right to
work, education, health, social security, adequate housing, and cultural
participation.

PREAMBLE

 Considering that, in accordance with the principles proclaimed in the

Charter of the United Nations, recognition of the inherent dignity and
of the equal and inalienable rights of all members of the human family
is the foundation of freedom, justice and peace in the world,
 Recognizing that these rights derive from the inherent dignity of the
human person,
 Recognizing that, in accordance with the Universal Declaration of
Human Rights, the ideal of free human beings enjoying freedom from
fear and want can only be achieved if conditions are created whereby
everyone may enjoy his economic, social and cultural rights, as well as
his civil and political rights,
 Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human
rights and freedoms,
 Realizing that the individual, having duties to other individuals and to
the community to which he belongs, is under a responsibility to strive
for the promotion and observance of the rights recognized in the
present Covenant,
SUBJECT MATTER

Key Points about the ICESCR and Its Relevance:

 Addressing Inequalities and Promoting Social Justice:

 ICESCR is important for addressing inequalities and promoting social
justice.
 Focuses on marginalized and vulnerable populations' rights.
 Aims to ensure equal opportunities for decent living standards and
essential services.

 Essential for Sustainable Development:

 Economic, social, and cultural rights are crucial for sustainable
development.

 Encouraging Government Action:

 ICESCR encourages governments to create policies and programs for
social and economic progress.
 Contributes to overall well-being of populations.

 COVID-19 Pandemic Highlights:

 Pandemic underscores importance of healthcare and education rights.
 ICESCR provisions for healthcare and education crucial during public
health crises.

 Poverty Eradication Efforts:

 ICESCR supports poverty eradication by advocating for access to
food, housing, and social security.
 Encourages measures to eliminate poverty and enhance living
conditions.
  Right to Work and Fair Labor Conditions:
 Covenant recognizes the right to work and fair labor conditions.
 Protects against exploitation, ensures fair remuneration, and allows
trade union participation.

Overall, the ICESCR plays a crucial role in addressing inequalities, promoting

social justice, and ensuring the rights of marginalized populations. It encourages
government actions for social progress, responds to public health crises, contributes
to poverty eradication, and safeguards labor rights.

 Right to Work: Article 6 recognizes the right to work, including the right of
everyone to the opportunity to gain a living by work they freely choose and to
fair wages and working conditions.
 Right to Just and Favorable Conditions of Work: Article 7 ensures the
right to just and favorable conditions of work, including safe and healthy
working conditions, fair wages, and rest.
 Right to Social Security: Article 9 affirms the right to social security,
including social insurance, assistance, and social services, to ensure a
dignified life for individuals and families.
 Right to Adequate Food: Article 11 guarantees the right to an adequate
standard of living, including adequate food, clothing, and housing, and the
continuous improvement of living conditions.
 Right to Health: Article 12 recognizes the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.
 Right to Education: Article 13 establishes the right to education, which
should be accessible to all and promote understanding, tolerance, and
friendship among all nations and racial, ethnic, or religious groups.
 Right to Participate in Cultural Life: Article 15 acknowledges the right of
everyone to take part in cultural life and the benefits of scientific progress and
its applications. Right to Water and Sanitation: Though not explicitly stated
in the original covenant, subsequent General Comment No. 15 by the UN
 Committee on Economic, Social and Cultural Rights recognized the right to
water as a fundamental human right.
 Right to Water and Sanitation: Though not explicitly stated in the original
covenant, subsequent General Comment No. 15 by the UN Committee on
Economic, Social and Cultural Rights recognized the right to water as a
fundamental human right.
 Rights of the Family and Special Protection for Children: Articles 10 and
16 outline the rights of the family, including the protection of mothers and
children.
 Right to Housing: Article 11 acknowledges the right to adequate housing,
ensuring security, habitability, affordability, and access to essential services.

V. International Labor Organization

The adoption of labor laws and regulations is an important means of implementing

ILO standards, promoting the ILO Declaration and the Fundamental Principles and
Rights at Work, and putting the concept of Decent Work into practice. Under the
ILO Constitution, the Office is committed to offering technical cooperation and
advisory services to member States and to assist them in assessing and, where
necessary, framing or revising their labor laws. This includes assistance in the
development of national laws and regulations to allow ratification of Conventions or
implementation of the corresponding principles.

CONSTITUTIONAL PROVISIONS FOR LABOR RIGHTS

1. Right against Exploitation (Article 23 and 24):

 Article 23 prohibits trafficking and forced labor, and Article 24 prohibits the
employment of children below the age of 14 in any hazardous industry. These
provisions seek to protect workers’ rights to safe and healthy working
conditions and to stop the exploitation of workers, especially vulnerable
groups like children and trafficked individuals.
 In the case of Bandhua Mukti Morcha v. Union of India (1984), the
Supreme Court of India recognized the right to live with dignity as a
fundamental right, and held that bonded labor or child labor is a form of
modern-day slavery and is thus unconstitutional for violating the fundamental
rights of workers.
 In an effort to end child labor, the Supreme Court worked with the State of
Uttar Pradesh to ban the use of child labor in the carpet industry, issue
government assistance orders banning child labor under the age of 14, and
grant children access to offices for education and health.

2. Directive Principles of State Policy:

 The Constitution of India also directs the State to promote the welfare of
laborers and to secure for them just and humane conditions of work. The
Directive Principles of State Policy contained in Part IV of the
Constitution provide for the protection of workers’ interests and rights.
Article 39 of the Constitution outlines various principles, such as the right
to work, just and humane conditions of work, equal pay for equal work,
and protection against unemployment and exploitation.
 Article 39(a) directs the State to ensure that the citizens, men, and women
equally have the right to an adequate means of livelihood. Article 39(b)
directs the State to ensure that there is no concentration of wealth and
means of production in a few hands, thereby promoting a more equitable
distribution of resources.
 Article 38 and 41 of the Constitution highlight the state’s duty to promote
social justice and ensure the well-being of workers. Article 38 directs the
state to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and
political, shall inform all the institutions of national life. Article 41
requires the state directs the state to secure the right to work, education
and public assistance in certain cases such as unemployment, old age,
sickness and disability.
3. Right to Freedom (Article 19): Article 19 guarantees certain freedoms, such
as the freedom of speech and expression, assembly, and association, which
are necessary for labour rights. This provision empowers workers to form
trade unions and engage in collective bargaining to protect their interests and
improve their working conditions.
4. Right to Life and Personal Liberty (Article 21): The Indian Constitution
guarantees the Right to Life and Personal Liberty, which has been interpreted
by the judiciary to include the right to work with dignity and in a safe and
healthy environment.
 In the case of Charan Lal Sahu v. Union of India 1990, the Supreme
Court of India held that the right to health and safety at the workplace is a
fundamental right of workers. The court emphasized that any violation of
this right can be challenged under Article 32 of the Constitution, which
guarantees the right to constitutional remedies, and that it is the duty of
the employer to provide a safe working environment. This case brought to
light how important it is to safeguard employees’ health and safety as a
crucial component of their right to life and personal freedom
 In the case of Randhir Singh v. Union of India 1982, the Supreme Court
of India held that the principle of equal pay for equal work is a
constitutional right. The court ruled that employees have a right to equal
pay for equal work regardless of the nature of their employment, which
means that employees performing the same or similar work have a right to
the same wages regardless of whether they are permanent, temporary, or
contractual employees. This landmark case served as a precedent for
subsequent equal pay cases and emphasized the significance of
guaranteeing wages and benefits equality for workers, regardless of their
employment status.

5. Freedom of association entails respect for the right of employers and

workers to freely and voluntarily establish and join organizations of their own
 choice, according to the International Labor Organization (ILO). These
organizations have the right to carry out their activities in full freedom and
without interference. Employers should not interfere in workers’ decisions to
associate or discriminate against either those workers who choose to associate
or those who act as their representatives. The Government should not
interfere in the right of either workers or employers to form associations. The
right of workers to bargain freely with employers is an essential element in
freedom of association.
6. Collective bargaining is a voluntary process through which employers and
workers discuss and negotiate their relations, in particular terms and
conditions of work. It can involve employers directly (or as represented
through their organizations) and trade unions or, in their absence,
representatives freely designated by the workers. Although freedom of
association and collective bargaining are significantly inter-connected, this
issue focuses primarily on the right to freedom of association. These rights
have been most defined and elaborated in international labor law. The ILO, a
tripartite United Nations agency, has adopted two major conventions on
freedom of association and collective bargaining:
 Convention 87 on Freedom of Association and Protection of the Right to
Organize (1948)
 Convention 98 on the Right to Organization and Collective Bargaining
(1949)

VI. UNGPs ‐ Overview (NAP)

 The objective of the UNGPs (United Nations Guiding Principles on HR) is to

enhance standards and practices about business and human rights to achieve
tangible results for affected individuals and communities, and thereby
contribute to a socially sustainable globalization.3 While the UNGPs do not
 create new legal obligations, they clarify and elaborate on the implications of
relevant provisions of existing international human rights standards.
 This National Action Plan reaffirms India’s commitments towards realization
of human rights and promotion of socially responsible businesses. It provides
an overview of India’s legal framework setting out the State’s duty to protect
human rights, the corporate responsibility to respect human rights and access
to remedy against business‐related human rights.
 In June 2011, the UNHRC endorsed the UNGPs. These principles are the
outcome of six years of consultative process, involving States, businesses,
and civil society. The UNGPs elucidate the duties and responsibilities of the
State and businesses in addressing adverse business‐ related human rights
impacts. Spread across 31 foundational and operational principles, the
UNGPs are broadly based on three pillars:

Pillar I ‐ The State Duty to Protect Human Rights.

● Companies Act, 2013 and Statutory Recognition of Corporate Social

Responsibility
● Women
● Children
● Protecting the Rights of workers
● Transparency and Accountability
● Financial Transparency

Pillar II ‐ The Corporate Responsibility to Respect Human Rights.

● 2011 NVGs and 2018 NGRBC

● Other Voluntary Measures

Pillar III ‐ Access to Remedy.

● Labor Courts
● Existence of National Human Rights Commission
 ● Access to Information
● Legal Aid
● State‐Based‐Judicial/Quasi‐Judicial Mechanism to Redress Human Rights
Violations.

Case Laws

1. Environmental Issues

M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1986):

● In this case, M.C. Mehta filed a public interest litigation (PIL) after a
deadly gas leak from the Shriram Food and Fertilizer factory in Delhi
in 1985, which resulted in several deaths and injuries.
● The case led to significant legal developments in India's environmental
jurisprudence, highlighting the right to a healthy environment as a
fundamental right under Article 21 of the Indian Constitution.
● The Supreme Court issued directives to prevent similar incidents in the
future, emphasizing the "strict liability" principle for hazardous
industries.

M.C. Mehta v. Union of India (Taj Trapezium Case, 1996):

● This case focused on the degradation of the iconic Taj Mahal
monument due to air pollution in the Agra region.
● M.C. Mehta's PIL led to the Supreme Court imposing strict regulations
and measures to control pollution in the Taj Trapezium Zone, aiming
to protect the cultural heritage site from further damage.
● The case highlighted the intersection between environmental
protection and cultural heritage preservation.

M.C. Mehta v. Union of India (Ganga Pollution Case, 1985):

● This case is one of the earliest instances of environmental PILs in
India. M.C. Mehta filed the case to address the pollution of the Ganges
River (also known as the Ganga) caused by industries and other
sources.
 ● The Supreme Court's intervention in this case led to the formulation of
a comprehensive action plan to clean and restore the Ganges River.
● The case emphasized the importance of protecting India's sacred rivers
and raised awareness about water pollution issues.

2. NHRC AND SHRC

National Human Rights Commission (NHRC) Cases:

a. D.K. Basu v. State of West Bengal (1997):
● The case highlighted the issue of custodial torture and deaths.
● NHRC guidelines on arrest, detention, and custodial deaths were
framed as a result of this case to protect the rights of individuals in
custody.
b. People's Union for Civil Liberties (PUCL) v. State of Maharashtra (2014):
● This case concerned the violation of human rights due to the forced
eviction of tribal communities without following due process.
● NHRC's intervention was sought to address the displacement and
violation of rights of tribal communities.

State Human Rights Commission (SHRC) Cases:

a. Naga People's Movement of Human Rights v. Union of India (1997):
● The SHRC in Manipur took cognizance of this case involving alleged
human rights violations by security forces.
● The case highlighted extrajudicial killings, fake encounters, and
disappearance of individuals.
b. Thangjam Manorama Devi v. Union of India (2009):
● The SHRC in Manipur took suo moto cognizance of this case
involving the rape and killing of a young woman by security forces.
● The case highlighted the issue of impunity and human rights abuses by
armed forces.

3. LEGAL AID (NALSA)

One landmark case in India that involved the National Legal Services Authority is:
NALSA v. Union of India (2014)
- This case is a milestone in the recognition and protection of transgender
rights in India.
- NALSA, a statutory body providing legal aid and services, filed a PIL
seeking recognition of the rights of transgender individuals.
- The Supreme Court's judgment in this case recognized transgender persons as
a "third gender," affirming their constitutional rights under Articles 14
(equality before law) and 21 (right to life and personal liberty)
- The court directed the central and state governments to provide various rights
and protections to transgender individuals, including reservations, education,
healthcare, and legal recognition of their gender identity.
- The NALSA judgment laid the foundation for further legal and policy
developments in transgender rights in India.

4. National Green Tribunal

Vardhman Kaushik v. Union of India & Others (2014):

● In this case, the NGT took up the issue of pollution in the river Ganga (also
known as the Ganges), one of India's most revered and polluted rivers.
● The NGT directed various government bodies and agencies to take immediate
action to clean and restore the Ganga and its tributaries.
● The case highlighted the importance of environmental protection and the
NGT's role in addressing significant environmental challenges in the country.
● The NGT's orders in this case contributed to increased attention and efforts
toward the conservation and rejuvenation of the Ganga River.
OECD Guidelines for Multinational Enterprises: Promoting Responsible
Business Conduct

The Organisation for Economic Co-operation and Development (OECD) Guidelines

for Multinational Enterprises stand as a beacon of responsible business conduct in
our interconnected global economy. These guidelines, consisting of eleven
comprehensive chapters, embody the commitment of multinational enterprises
(MNEs) to sustainable development, ethical practices, and corporate social
responsibility. In this essay, we will delve into each of the eleven OECD Guidelines,
highlighting their significance in fostering a harmonious and responsible business
environment.

1. General Policies: At the core of the OECD Guidelines lies a commitment to

values that transcend borders. This chapter underscores the importance of MNEs
adhering to human rights, fair competition, and sustainable progress. It lays the
foundation for responsible conduct, emphasizing the broader societal impact of
business activities.

2. Disclosure: Transparency is the cornerstone of accountability. This guideline

champions the importance of accurate and meaningful disclosure of information.
Transparent practices enable stakeholders to make informed decisions, fostering
trust and facilitating dialogue between enterprises and their communities.

3. Human Rights: MNEs have a profound impact on human rights across regions.
This chapter emphasizes their obligation to respect human rights universally. By
avoiding complicity in human rights abuses, undertaking due diligence, and offering
remedies, MNEs become agents of positive change.

4. Employment and Industrial Relations: Fair labor practices are essential for
sustainable growth. This guideline calls upon MNEs to uphold labor rights, freedom
of association, and non-discrimination. By fostering equitable employment
conditions, MNEs contribute to a more just society.

5. Environment: The imperative to address environmental challenges cannot be

overstated. This chapter urges MNEs to minimize their ecological footprint, manage
resources responsibly, and contribute to the transition to a greener economy. By
doing so, they become key players in global sustainability efforts.

6. Combating Bribery, Bribe Solicitation, and Extortion: Corruption corrodes the

fabric of business integrity. This guideline exhorts MNEs to adopt a zero-tolerance
stance against corruption, promoting ethical conduct and upholding the rule of law.

7. Consumer Interests: Consumers are at the heart of business success. This chapter
emphasizes the significance of product safety, fair marketing, and transparent
communication. MNEs' commitment to consumer welfare strengthens trust and
brand reputation.

8. Science and Technology: Innovation drives progress, and responsible innovation

is even more crucial. This guideline encourages MNEs to advance science,
technology, and research while respecting intellectual property rights. By fostering
innovation within ethical boundaries, MNEs contribute to societal advancement.

9. Competition: Fair competition is the bedrock of a dynamic economy. This section

underscores the importance of adhering to competition laws and avoiding anti-
competitive practices. MNEs, as major economic players, play a critical role in
maintaining a level playing field.

10. Taxation: Contributing to public finances is an ethical obligation. This chapter

stresses that MNEs should fulfill their tax responsibilities and avoid aggressive tax
strategies. Upholding fair taxation contributes to social and economic stability.

11. Stakeholder Engagement: Business is not conducted in isolation; it impacts

communities. This guideline advocates for meaningful engagement with
stakeholders, from local communities to NGOs. By considering diverse
perspectives, MNEs ensure that their operations align with the broader societal
context.

In conclusion, the OECD Guidelines for Multinational Enterprises are a testament to

the evolution of responsible business practices in a globalized world. These eleven
chapters provide a comprehensive framework for MNEs to navigate the complex
landscape of ethical conduct, environmental stewardship, and social responsibility.
By adhering to these guidelines, MNEs contribute not only to their own success but
also to the betterment of societies, economies, and the planet as a whole. In a time of
increasing interconnectedness, these guidelines stand as a testament to the potential
of businesses to be catalysts for positive change.