Book contents
- The Cambridge Companion to Business & Human Rights Law
- Cambridge Companions to Law
- The Cambridge Companion to Business & Human Rights Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Preface
- Cases
- Abbreviations
- 1 Business and Human Rights
- 2 Reconciling International Human Rights with International Trade
- 3 Neoliberalism, State-Capitalism and European Ordo-Liberalism
- 4 Corporate Governance and Corporate Social Responsibility
- 5 The Role of Business in International Development and the Attainment of the Sustainable Development Goals
- 6 The Business Case for Human Rights
- 7 The UN Guiding Principles on Business and Human Rights and Its Predecessors
- 8 The Regulatory Framework of Multinational Enterprises
- 9 The UN Global Compact and the OECD Guidelines for Multinational Enterprises and Their Enforcement Mechanisms
- 10 Taxation and Business
- 11 Corporate Accountability for the Natural Environment and Climate Change
- 12 Corporate Accountability for Corruption and the Business Case for Transparency
- 13 Disability, Business and Human Rights
- 14 Gender, Business and Human Rights
- 15 The Business Sector and the Rights to Work and Just and Favourable Conditions of Work
- 16 Responsible Lending
- 17 Business and Human Rights Approaches to Intellectual Property
- 18 The Role of Human Rights in Investment Law and Arbitration
- 19 The Use of International Arbitration Tribunals for Business and Human Rights Disputes
- 20 Innovative Contractual Remedies with Indigenous Peoples
- 21 The Role of Ethics in Corporate Human Rights Impact Assessments
- 22 Addressing Human Rights Impacts in Sustainability Reporting
- 23 Leveraging the Consumer-Led Movement to Strengthen Sustainable Business
- 24 The Structural Complexity of Multinational Corporations and the Effect on Managing Human Rights Risks in the Supply Chain
- 25 Towards a UN Business and Human Rights Treaty
- Index
14 - Gender, Business and Human Rights
Published online by Cambridge University Press: 10 September 2021
- The Cambridge Companion to Business & Human Rights Law
- Cambridge Companions to Law
- The Cambridge Companion to Business & Human Rights Law
- Copyright page
- Contents
- Figures and Tables
- Contributors
- Preface
- Cases
- Abbreviations
- 1 Business and Human Rights
- 2 Reconciling International Human Rights with International Trade
- 3 Neoliberalism, State-Capitalism and European Ordo-Liberalism
- 4 Corporate Governance and Corporate Social Responsibility
- 5 The Role of Business in International Development and the Attainment of the Sustainable Development Goals
- 6 The Business Case for Human Rights
- 7 The UN Guiding Principles on Business and Human Rights and Its Predecessors
- 8 The Regulatory Framework of Multinational Enterprises
- 9 The UN Global Compact and the OECD Guidelines for Multinational Enterprises and Their Enforcement Mechanisms
- 10 Taxation and Business
- 11 Corporate Accountability for the Natural Environment and Climate Change
- 12 Corporate Accountability for Corruption and the Business Case for Transparency
- 13 Disability, Business and Human Rights
- 14 Gender, Business and Human Rights
- 15 The Business Sector and the Rights to Work and Just and Favourable Conditions of Work
- 16 Responsible Lending
- 17 Business and Human Rights Approaches to Intellectual Property
- 18 The Role of Human Rights in Investment Law and Arbitration
- 19 The Use of International Arbitration Tribunals for Business and Human Rights Disputes
- 20 Innovative Contractual Remedies with Indigenous Peoples
- 21 The Role of Ethics in Corporate Human Rights Impact Assessments
- 22 Addressing Human Rights Impacts in Sustainability Reporting
- 23 Leveraging the Consumer-Led Movement to Strengthen Sustainable Business
- 24 The Structural Complexity of Multinational Corporations and the Effect on Managing Human Rights Risks in the Supply Chain
- 25 Towards a UN Business and Human Rights Treaty
- Index
Summary
Business is an essential part of human society, and the right to livelihood is a fundamental human right. Business can impact human rights, for better or worse. Recognition of this has led to a legal regime focused on preventing business-related human rights violations. The impact of these violations depends partly on a person’s place in society. Several cases may be used to illustrate how business can have differentiated impacts based on gender. For example, while maternity protection has been recognised in international labour law since 1919, a century later both pregnancy and breastfeeding discrimination, and maternity and paternity inequalities continue. The many gender-differentiated impacts of business on human rights require a gender-responsive business and human rights (BHR) framework. This chapter begins by defining key terms and the theoretical underpinnings of a gender-responsive approach to BHR. Next, it outlines international human rights law (IHRL) and policy relevant to gender, business, and human rights. It concludes that the current BHR regime does not provide adequate protection to those suffering gender-based rights violations. Nevertheless, there are ample legal and related texts presently available with which to begin to remedy this problem.
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- The Cambridge Companion to Business and Human Rights Law , pp. 308 - 329Publisher: Cambridge University PressPrint publication year: 2021
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