Human Rights in the Workplace: Best Practices for Businesses

Human rights are inherent to every individual, regardless of their nationality, sex, national or ethnic origin, color, religion, language, or any other status ¹. They are universal, inalienable, and indivisible, meaning that one set of rights cannot be enjoyed fully without the other.

The concept of human rights is based on the principles of dignity, equality, and mutual respect, which are essential for the well-being and development of individuals and societies. Human rights include a wide range of fundamental freedoms and entitlements, such as:

• Civil and Political Rights: the right to life, liberty, and security of person; freedom of speech, thought, and assembly; the right to a fair trial and equal protection under the law.
• Economic, Social, and Cultural Rights: the right to work, education, healthcare, and social security; the right to participate in cultural life and enjoy the benefits of scientific progress.
• Right to Development: the right to participate in, contribute to, and enjoy economic, social, cultural, and political development.

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, is the foundation of modern human rights law. It sets out 30 articles that outline the fundamental human rights that are universally applicable and inalienable.

Human rights is a critical topic within Environmental, Social, and Governance (ESG) discussions, focusing on ensuring that companies respect and protect the human rights of their stakeholders, including employees, customers, communities, and suppliers.

Key Aspects of Human Rights in ESG

1. International Human Rights Standards: Companies are expected to adhere to international human rights standards, such as the United Nations Universal Declaration of Human Rights and the International Labor Organization’s (ILO) Core Conventions.

2. Human Rights Due Diligence: Companies should conduct regular human rights due diligence to identify, assess, and mitigate potential human rights risks in their operations and supply chains.

3. Respect for Human Rights: Companies should respect human rights by avoiding causing or contributing to human rights abuses, and addressing any adverse human rights impacts they may have caused or contributed to.

4. Remediation and Grievance Mechanisms: Companies should establish effective grievance mechanisms and remediation processes to address human rights concerns and provide remedy to those affected.

Human Rights Issues in ESG

1. Forced Labor and Modern Slavery: Companies may be at risk of using forced labor or modern slavery in their operations or supply chains.

2. Child Labor: Companies may be at risk of using child labor in their operations or supply chains.

3. Discrimination and Harassment: Companies may be at risk of discriminating against or harassing employees, customers, or communities.

4. Indigenous Peoples’ Rights: Companies may be at risk of infringing on the rights of indigenous peoples, including their rights to land, water, and cultural heritage.

5. Access to Remedies: Companies may be at risk of failing to provide effective remedies to individuals or communities who have been harmed by their operations.

Stakeholder Engagement and Human Rights

• Stakeholder Identification: Companies should identify stakeholders who may be impacted by their human rights performance.
• Stakeholder Engagement: Companies should engage with stakeholders to understand their human rights concerns and expectations.
• Stakeholder Feedback Mechanisms: Companies should establish feedback mechanisms to allow stakeholders to provide input on their human rights performance.

Benefits of Human Rights Due Diligence

• Risk Management: Human rights due diligence can help companies identify and mitigate human rights risks.
• Reputation and Brand: Companies that respect human rights are more likely to have a positive reputation and brand.
• Compliance: Human rights due diligence can help companies comply with laws and regulations related to human rights.
• Access to Capital: Companies that respect human rights may have better access to capital and investment opportunities.

Overall, human rights are essential for promoting dignity, equality, and justice, and for ensuring that individuals and communities can thrive and reach their full potential.