What Are Human Rights? A Business Perspective

What Are Human Rights? A Business Perspective

Human rights are not an abstract concern confined to governments and courts. They are the bedrock upon which every worker, community member, and citizen engages with the institutions and enterprises that shape their daily lives. For businesses operating globally in 2024, understanding human rights is no longer optional; it is a prerequisite for responsible, resilient, and legally compliant operations.

The Universal Declaration of Human Rights (1948)

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on 10 December 1948, is the foundational document of the modern human rights system. Its 30 articles articulate rights that belong to every person by virtue of their humanity alone, regardless of nationality, gender, religion, ethnicity, or any other status.

For business practitioners, the UDHR provides the baseline catalogue of rights. Article 23, for instance, establishes the right to work, to just and favourable conditions of work, to equal pay for equal work, and to form and join trade unions. Article 24 guarantees the right to rest, leisure, and reasonable limitation of working hours. Article 12 protects privacy. These rights translate directly into employment practices, supply chain standards, and community engagement policies.

The International Bill of Rights: ICCPR and ICESCR

The UDHR was given legally binding force through two international covenants adopted in 1966, together forming what international lawyers call the "International Bill of Rights."

The International Covenant on Civil and Political Rights (ICCPR) protects rights such as freedom from arbitrary arrest, freedom of expression, and the right to a fair trial. The International Covenant on Economic, Social and Cultural Rights (ICESCR) covers the right to an adequate standard of living, the right to health, the right to education, and the right to just and favourable conditions of work. Both covenants have been ratified by over 170 states. While these treaties bind states rather than companies directly, their content defines the human rights that businesses are expected to respect under the UN Guiding Principles on Business and Human Rights (UNGPs).

ILO Core Conventions and Labour Rights

The International Labour Organization (ILO), a UN specialised agency founded in 1919, has developed an extensive body of international labour standards through conventions and recommendations. At its 1998 Declaration on Fundamental Principles and Rights at Work, the ILO identified four categories of fundamental rights that all member states must respect regardless of whether they have ratified specific conventions:

• Freedom of association and the effective recognition of the right to collective bargaining (Conventions 87 and 98)
• Elimination of all forms of forced or compulsory labour (Conventions 29 and 105)
• Effective abolition of child labour (Conventions 138 and 182)
• Elimination of discrimination in respect of employment and occupation (Conventions 100 and 111)

In 2022, the ILO added a fifth category: a safe and healthy working environment (Convention 155 and Convention 187). These five categories are now reflected in what are commonly called the "11 ILO core conventions." The Corporate Human Rights Benchmark (CHRB), which assesses around 100 major companies in high-risk sectors, specifically checks whether companies commit to all 11 ILO core conventions in their public policy statements.

Internationally Recognised Human Rights: What Businesses Must Cover

The UNGPs (discussed in depth in Lesson 0.2) specify that the corporate responsibility to respect encompasses, "at a minimum," the rights expressed in the International Bill of Rights and the ILO's Declaration on Fundamental Principles and Rights at Work. In practice, this means businesses must consider a wide range of rights including:

Why Human Rights Relevance Varies by Sector and Context

Not every human right carries equal risk in every industry. A technology company faces acute risks around privacy, freedom of expression, and digital rights. A mining company in a conflict-affected area faces risks around land rights, community displacement, and security forces conduct. A garment manufacturer operating through global supply chains faces risks around forced labour, child labour, and freedom of association. Identifying which rights are most "at risk" in a given context, what the UNGPs call "salient human rights issues," is the starting point of any effective human rights due diligence process.