The Nexus of Business and Human Rights: Challenging Corporate Profiteers in the United States Immigration Detention Industry

Ziegler, Raven Dawn
2020-05-20
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The Nexus of Business and Human Rights: Challenging Corporate Profiteers in the United States Immigration Detention Industry

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2020-05-20

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The growing power of corporations1 has prompted dialogue around the need to formalize regulatory and enforcement mechanisms capable of addressing corporate impact on human rights. Throughout the past three decades, advocates have urged States and authoritative international bodies – particularly the United Nations – to undertake issues pertaining to the nexus of business and human rights. While many agree that this nexus needs to be addressed, there has been very little consensus on which entity is responsible undertaking which stratagem. The dialogue has discerned in three tenets – voluntary, guided and enforceable approaches. The foundational international initiatives have primarily employed voluntary and guided approaches – which have inadequately addressed the growing issues of governance gaps, legal gaps, and power imbalances. These initiatives have left corporations without explicit obligations, external oversight and virtually no enforcement mechanisms. Therefore, when corporations violate human rights, they do so with de facto impunity – leaving those affected without proper means to demand accountability and/or remediation.

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The growing power of corporations1 has prompted dialogue around the need to formalize regulatory and enforcement mechanisms capable of addressing corporate impact on human rights. Throughout the past three decades, advocates have urged States and authoritative international bodies – particularly the United Nations – to undertake issues pertaining to the nexus of business and human rights. While many agree that this nexus needs to be addressed, there has been very little consensus on which entity is responsible undertaking which stratagem. The dialogue has discerned in three tenets – voluntary, guided and enforceable approaches. The foundational international initiatives have primarily employed voluntary and guided approaches – which have inadequately addressed the growing issues of governance gaps, legal gaps, and power imbalances. These initiatives have left corporations without explicit obligations, external oversight and virtually no enforcement mechanisms. Therefore, when corporations violate human rights, they do so with de facto impunity – leaving those affected without proper means to demand accountability and/or remediation

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Professional paper for the fulfillment of the Master of Human Rights degree.

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Human Rights: Professional Papers

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Ziegler, Raven Dawn. (2020). The Nexus of Business and Human Rights: Challenging Corporate Profiteers in the United States Immigration Detention Industry. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/216489.

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