If, historically, the core aim of human rights was to protect the dignity of the individual, especially those who are vulnerable, then the obvious strategy was to limit the power of the State and to prevent the arbitrary use of State power. As a result, in its provenance and positive law design (notwithstanding its interstate functions), international and European human rights law is clearly geared towards regulation and management of the relationship between States and citizens.
As has been demonstrated in a myriad of manners and domains however, one of the strongest suits of human rights law lies in its malleability and responsiveness to the real life contexts in which it is to operate and provide protection. The creation of the International Labour Organisation (ILO), shortly after the First World War, serves as an example: the ILO established standards to protect workers and balance their interests against those of their employers – human rights assumed a role in the relationship between private parties. Moreover, the dynamic nature of human rights law can be seen, not only in the ever-broadening substantive scope of human rights, but also in the development of innovative formats of protection (such as through the doctrines of positive and extra-territorial obligations).
One of the most interesting advances in human rights thinking currently on the horizon relates to the relationship between business and human rights. Global corporations long since having attained structures and positions of power enabling them to impact human rights – sometimes, if not often, on a par with States - discourse has turned the critical issue of their responsibilization. Various efforts have been undertaken to embed business entities within human rights frameworks – importantly and overarchingly, inter alia through the United Nations Guiding Principles on Business and Human Rights (the Ruggie Principles). In 2024 the EU adopted the Corporate Sustainability Due Diligence Directive.
Against this background, this course delves into theoretical and practical considerations attending endeavours to ‘incorporate corporations’ in the human rights universe. Discussing throughout the rationale and practical need for designating business actors as human rights norm addressees (ensuring that rights’ protection cannot be circumvented through the passing of bucks between States and corporations), the course will focus on a diversity of pertinent themes. These will include the construct of existing approaches, whereby distinctions are made, in drawing businesses into human rights frameworks, between duties of States (in compelling corporations to function in human rights compliant manners and enforcing standards in that regard) and those of corporations themselves (as well as the issue of what remedies should be available for non-compliance in that regard). Different lectures will focus on substantive fields in which the nexus between business and human rights are of particular import (such as labour law and other regulatory domains), as well legal avenues which may deployed as instruments of enforcement (such as criminal law). At the same time, focus will also be diverted to the corollary issue of how the rights of corporations are to be safeguarded, given the new roles and significant burdens placed on them as guardians of human rights.
Objectives
Students acquire a profound knowledge of and can articulate and compare the different human right standards which should govern the operation of businesses in global, regional and national markets;
students can articulate and analyse the reasons for drawing corporations into a role as co-guarantors of human rights law;
students can articulate and analyse problems attaching to the design of a sound framework for the attribution of human rights responsibility to non-state business actors;
students can analyse and evaluate distinct interests involved in the relationship between business and human rights.
students can assess the possibilities and limits international human rights bodies may encounter in the development of a framework in this regard.
Mode of instruction
Lectures
10 lectures/seminars of three hours
Names of lecturers: Dr. Pinar Ölçer, Dr. Yvonne Erkens
Required preparation by students: read the compulsory course materials; prepare questions and cases; prepare individual and/or group presentations; find and analyze additional materials to prepare for such assignments.
Assessment method
Examination form(s)_
Assessment method(s) and the weighting of each form of assessment towards the final grade
written exam at the end of the course, 75%
oral presentation of a comment on a judgment or view of a supervisory body or on a legal development, in groups of 2 to 4 students, 25%
Reading list:
Reader:
Course reader is made available before the course starts and can downloaded from Brightspace.
Additional and recommended readings or case law will be digitally available on Brightspace.
Contact information:
Co-ordinator: Dr. Pinar Ölcer, Dr. Yvonne Erkens
Work address: Kamerlingh Onnes Building, Steenschuur 25
Email: f.p.olcer@law.leidenuniv.nl
Institution/division
Institute: Public law
Administration advanced masters: BIO
Mrs. Orsolya Kalsbeek-Bagdi and Ms. Kasia Janik: humanrights@law.leidenuniv.nl
Disclaimer
Currently these pages are being updated to reflect the courses for 2024 - 2025. Until these pages are fixed as per 1 September 2024 no rights can be claimed from the information which is currently contained within.
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.