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Adam Etinson distinguishes two modes of existence of human rights, which do not necessarily conflict with each other and can be complementary: the moral reality of human rights as “personally oriented, normatively necessary moral requirements” (Alain Gewirth) and the explicitly recognized human rights as norms of popular morality, political practice and legal institutions throughout the world. According to Henry Shue, human rights ought to be secured by protecting, respecting and remedying them (when violated). Gewirth offers a vigorous justification of human rights. Sen relates human rights to human capabilities (see Chapter 8). And De George’s three levels of the binding nature of ethical claims helps to define human rights as minimal ethical requirements, that is, an important part that, though, does not make up the entire realm of morality and ethics. Minimal ethical requirements are indispensable for living and working in a global and pluralistic environment.
The contents of corporate responsibility are drawn from Part One and Part Two of this book, namely the seven features of wealth creation and the 30 internationally recognized human rights, respectively. They substantiate the responsibilities of business organizations. The features are illustrated with corporate or public policy examples: Volkswagen, Wells Fargo, Medtronic, Grameen Bank, Donald Trump’s investment plans for infrastructure projects, Matsushita Electronic, Unilever Sustainable Living Plan and Rohner Textil AG. Respecting human rights follows the three criteria of no adverse human rights impact (advanced by the UN Guiding Principles on Business and Human Rights) and is described by several concrete examples. As for the addressees of corporate responsibility, the chapter rejects the shareholder view and argues for broadening the stakeholder approach by including society at large, future generations and nature.
To hold a business organization responsible in an ethical sense is only possible if the organization can be characterized as a “moral actor.” The chapter discusses this meta-ethical question of great theoretical and practical importance. After a short view on the immense world of business organizations and a historic perspective on corporate responsibility, James Coleman’s sociological definition of the business organization as a “corporate actor” is introduced, which provides the socio-economic basis for attributing moral agency to free-standing formal corporations. Three necessary conditions for moral agency are elaborated: (1) the ability to intend an action; (2) the ability to carry out an intentional action; and (3) the ability to choose an intentional action autonomously. In an analogous sense, these three conditions are applied to business organizations to the extent they are corporate actors. To conclude, the chapter dispels some common misconceptions of moral agency of corporate actors.
A brief introduction to Part Two presents key international documents on human rights and clears up some misunderstandings, drawing particularly on Henry Shue, Alan Gewirth and John Ruggie. Today not only does the obligation to secure human rights lie with nation-states, but also it pertains to non-state actors such as business enterprises, universities, civil society organizations and religious communities. - In line with the UN Framework for Business and Human Rights, all 30 internationally recognized human rights are listed and deemed necessary for a human life with dignity. They include the civil and political rights as well as the economic, social and cultural rights of the International Covenants and four ILO Core Conventions. They are also incorporated in the G4 Sustainability Reporting Guidelines of the Global Reporting Initiative. The chapter concludes with a brief discussion of the indivisibility, interdependence and interrelatedness of human rights.
A radically new understanding of the ethics of business enterprises, or “corporate responsibility,” in the global context is offered that combines wealth creation in a comprehensive sense with the respect for human rights by strengthening the UN Guiding Principles on Business and Human Rights. The chapter provides an introduction to this new understanding and an overview of the following chapters. After delineating the global context with globalization, sustainability and financialization, Part One explicates the seven features of wealth creation: the substantive contents of natural, economic, human and social capital; public and private wealth; the productive and distributive dimensions of the process of creating wealth; material and spiritual aspects; sustainability in terms of human capabilities; creating as making something new and better; and self- and other-regarding motivations. Part Two conceives human rights as public goods in wealth creation; it accounts for all 30 internationally recognized human rights based on the UN Framework and Guiding Principles on Business and Human Rights, defines them as minimal ethical requirements needed in the global and pluralistic context and offers cost-benefit considerations about human rights. Part Three develops the implications of Part One and Two for the conception of “corporate responsibility.”