Corporations and Human Rights Law: The Emerging Consensus and its Effects on Women’s Employment Rights

By Tiana O’Konek on January 01, 2011

Abstract:
This article argues that the state-centered nature of international law means that corporations are not sufficiently held accountable for violating international human rights law. Part I uses the female-dominated garment industry to illustrate this governance gap. It that industry, intense competition between contractors, an abundant labor supply, and gendered notions surrounding the occupation have all contributed to job insecurity and abuse in the workplace. In Part II, the author surveys the field of international soft law on corporate responsibility which, though non-binding, could serve as building blocks for binding law. In Part III, the author claims that there is a consensus emerging out of the existing instruments of international corporate responsibility that includes core labor standards. However, the author notes that these core labor standards leave out gender-specific rights and fail to consider women's particular workplace experience. Fortunately, the author concludes, the consensus may be evolving toward a more gender-inclusive human rights paradigm.

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