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Sample Essay on Business Law and Human Rights

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Sample Essay on Business Law and Human Rights

Introduction

Human rights are core to the growth of any organization, making them vital to the success of any business entity. Human rights span a wide area, precisely in the United Kingdom, making them vital for success. Business enterprises have a major impact on the human rights of its consumers, employees and the community. The business impacts may either be positive or negative, depending on the activity conducted by the business. For maximization of organizational success, it is vital for business leaders and manager to acknowledge the existence of problems associated with human rights and develop solutions to tackle them. Prevention is the most important aspect, and organization should always strive to be in good terms with all involved stakeholders. Globalization has also had a major impact on organizational efficiency in eliminating negative impacts on customers and employees, who are the most affected stakeholders, in regards to human right offenses. Therefore, eradication of the occurrence of any human rights issue is vital for organizational success, with the need for adoption and integration of all set laws and ethical issues within the working frame and communication to all relevant stakeholders in the United Kingdom.

The aim of this paper is to offer concise advice in regards to existent business problems that relate to human right issues, and how organizations can successfully tackle them to maximize productivity and growth [1]. It is evident that many organizations have failed, owing to the lack of good plans and solutions to resultant human right offences, with court decisions majorly impacting their activities, or even shutting them down. This makes this area of study critical, enforcing the role played by this research and advice on the enhancement and maximization of organizational productivity.  The paper will narrow its focus to only employee and customer related human right offences, which make up a vast of these business issues[2].

Business Problems Related To Human Rights

            Human Rights is a field relating to both ethical and legal disciplines, whose emphasis is protecting human beings from any possible harm, precisely in the UK. Organizations have in the past been a source of major human right violations. A major example is Shell, which was involved in the Nigerian wars, where rebel groups fought over control of oil pipelines[3]. Their involvement and the resultant massacre that included thousands of deaths has been greatly condemned, resulting to the tarnishing of their public image, an aspect that has a direct impact on organizational productivity and profitability. As elucidated, there exists a vast range of human rights, making human rights offences common among the factors resulting in business problems and limitations. For ultimate corporate success, dealing with these issues is vital, making it a principle focal point for any leader aiming to succeed in the hostile business environment[4].

Employees

            Human rights relating to employees majorly resonate around firing, treatment during operations, among other aspects. A major cause of business law problems in regards to employee’s human rights is firing without adhering to the rightful procedure,[5] as expected by the United Kingdom law. Organizations that fail to follow the correct procedure end up facing the major legal issue, precisely in the United Kingdom, and can pay hefty fines to the affected parties. For example, if an employee does not sign the required termination documents, he or she is in a position to sue the organization for unlawful and bias termination of the contract. It thus makes it vital for organizations to critically evaluate the required procedures and steps before firing or even hiring of employees[6].

 The poor working condition is a major factor, which has led to the collapse and bad publicity of organizations in the recent past. In the working environment, precisely in the manufacturing field, is a major area of concern. Human right activists, as well as federal bodies set in place to evaluate the performance of organizations majorly, focus on the treatment of employees, and the organization’s adherence to their rights[7]. Working conditions that do not meet the set standards and levels for employees are a major cause of the legal crisis in an organization, and thus the need to eliminate risk occurrence possibility. A business entity must ensure that it adheres to all acts related to human rights, and even more precisely, employee rights. Lack of adherence to these standards may harm the organization’s public image, and result to collapse, directly harming productivity and profitability.

Community and Customers

            Customers and the community are also critical stakeholders, and it is the responsibility of an organization always to ensure that it has their interests at hand. Failure to adhere to the human rights associated with them directly risks organizational failure, which every business dreads experiencing[8]. Production of commodities that do not meet the required legal standards, as required by the law of the United Kingdom and also harm the consumers is an infringement of their human rights and jeopardizes the organization’s position on the competitive scale. Pollution is also a major human right infringement by an organization, in regards to the community. An organization that does not adhere to the set standards of disposal of waste products risks being sued for human right infringement. It is crucial that business entities adhere to set legal standards that directly affect them, as failure to this jeopardizes their productivity and efficiency in bettering their competitiveness in the hostile business world.

Tackling the Problems

 As elucidated, the most effective approach towards the elimination of business problems is an abidance to set legal standards, as well as adherence to ethical practices and demands. An organization that prioritizes profitability over other important factors risks losing is credibility and competitiveness, especially in the highly hostile business environment. It is important that a business focuses on long-term stability and profitability, which can only be achieved through the integration and collaboration with all involved parties[9]. An organization that adheres to all set standards, both ethical and legal, stands to benefit from maximized productivity. This is because of the fact that it will better its image, with stakeholders being attracted to it and its products. A good public image is a natural form of branding and marketing of an organization, and thus an eased coexistence with relevant stakeholders, among them employees, consumers, the community and shareholders. Employees feel motivated in a work environment that adheres to their needs and wants, maximizing organizational productivity and stability, owing to the decrease in turnover[10].

            Creation of employee-management bonds is a vital aspect in maximizing organizational efficiency and productivity. In the United States, employees enjoy maximum protection, with the state drafting many regulations against rights violations by corporations. A good coexistence between an organization’s management and its workforce creates a fostering environment, enabling the detection of any problems prior heightening. Employees may feel neglected or want a change, but if there lacks a good communication avenue, they may end up complicating it, rather than handling it internally. Good relationships foster organization development and growth, with an increase in productivity, owing to the heightened morale levels[11].

            Corporate social responsibility is also critical in fostering god relationships with the community. At times, some offences may be unexpected, and not in the organization’s intention. Failure of having a good relationship with members of the community risks aggravating the issues, owing to the fact that they are already angered by the corporation[12]. For this reason, it is important for an organization to consistently involve itself in community development projects, such as betterment of roads, fundraisers, education, among other aspects. Such involvement enables an organization better its relationship with the community, who then feel affiliated to the company, making them good sources of information that may be vital for growth and development. Lack of involvement in CSR puts the organization at risk, precisely in the event of an infringement of rights of members of the public. Activities such pollution and poor waste disposal directly affect the society, which is in a position to sue the organization for damages. CSR helps eliminate this possibility, with the creation of a good relationship and integration with the community.

Impact on Business

            The United Nations plays a vital role in fostering good corporate behavior through setting standards and consistently evaluating organizational performance, in regards to abidance to ethical and legal expectations. For example, manufacturers involved in pollution are critically evaluated by the UN, which helps eradicate such menaces in the society, protecting human rights. Over the years of its service, populations have majorly benefited, with an increased in rights abidance and life betterment. An uncontrolled environment risks aggravation of the infringement of human rights by greedy and profit oriented corporations. It is thus important that corporations adhere to the set human rights, with a focus on the operational country or state, owing to the variation based on government.

            As elucidated, the relationship between corporate success and adherence to human rights is fundamental for business growth. Therefore, human rights have both positive and negative impacts on the business, based on the approach taken. An organization that fails to adhere to the issues resonating around human rights is prone to legal crisis, with an adhering corporation free from such jeopardy[13].


 

Conclusion

As a summative, it is evident that the eradication of the occurrence of any human rights issue is vital for organizational success, with the need for adoption and integration of all set laws and ethical issues within the working frame and communication to all relevant stakeholders in the UK. The business impacts may either be positive or negative, depending on the activity conducted by the business. For maximization of organizational success, it is vital for business leaders and manager to acknowledge the existence of problems associated to human rights, and develop solutions to tackle them. Prevention is the most important aspect, and organization should always strive to be in good terms with all involved stakeholders. Globalization has also had a major impact on organizational efficiency in eliminating negative impacts on customers and employees, who are the most affected stakeholders, in regards to human right offenses.

 

 

 

 

 

 

 

 

 

Bibliography

Baderin M and Ssenyonjo M, International Human Rights Law (Ashgate Pub 2010)

BILCHITZ D, ‘The Necessity For A Business And Human Rights Treaty’ (2016) 1 Business and Human Rights Journal

Bird R, Cahoy D and Prenkert J, Law, Business And Human Rights

Blecher L, Stafford N and Bellamy G, Corporate Responsibility For Human Rights Impacts

BRENKERT G, ‘Business Ethics And Human Rights: An Overview’ (2016) 1 Business and Human Rights Journal

Carden A and Lawson R, ‘Human Rights And Economic Liberalization’ (2010) 12 Business and Politics

Černič J, Human Rights Law And Business (Europa Law Pub 2010)

‘Corporate Social Responsibility’ (2016) 5 IJSR

GONZA A, ‘Integrating Business And Human Rights In The Inter-American Human Rights System’ (2016) 1 Business and Human Rights Journal

Hsieh N, ‘Should Business Have Human Rights Obligations?’ (2015) 14 Journal of Human Rights

Jerbi S, ‘Business And Human Rights At The UN: What Might Happen Next?’ (2009) 31 Human Rights Quarterly

Mooney L, Business, Human Rights, And Sustainability Sourcebook

Tasioulas J, ‘Human Rights, No Dogmas: The UN Guiding Principles On Business And Human Rights’ SSRN Electronic Journal

 

[1] Mashood A Baderin and Manisuli Ssenyonjo, International Human Rights Law (Ashgate Pub 2010).

 

2 David BILCHITZ, ‘The Necessity For A Business And Human Rights Treaty’ (2016) 1 Business and Human Rights Journal.

 

 

[3] George G BRENKERT, ‘Business Ethics And Human Rights: An Overview’ (2016) 1 Business and Human Rights Journal.

[4] Jernej Letnar Černič, Human Rights Law And Business (Europa Law Pub 2010).

[5] Art Carden and Robert A. Lawson, ‘Human Rights And Economic Liberalization’ (2010) 12 Business and Politics.

 

[6] ‘Corporate Social Responsibility’ (2016) 5 IJSR.

[7] Alejandra GONZA, ‘Integrating Business And Human Rights In The Inter-American Human Rights System’ (2016) 1 Business and Human Rights Journal.

 

[8] Nien-hê Hsieh, ‘Should Business Have Human Rights Obligations?’ (2015) 14 Journal of Human Rights.

 

[9] Scott Jerbi, ‘Business And Human Rights At The UN: What Might Happen Next?’ (2009) 31 Human Rights Quarterly.

 

[10] Lelia Mooney, Business, Human Rights, And Sustainability Sourcebook.

[11] John Tasioulas, ‘Human Rights, No Dogmas: The UN Guiding Principles On Business And Human Rights’ SSRN Electronic Journal.

 

[12] Robert C Bird, Daniel R Cahoy and Jamie Darin Prenkert, Law, Business And Human Rights.

[13] Lara Jill Blecher, Nancy Kaymar Stafford and Gretchen Bellamy, Corporate Responsibility For Human Rights Impacts.

 

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