BackgroundThe Human Rights and Business Academy (HURBA) in collaboration with the Indian Law Institute Delhi (ILI) will organise an intensive summer course on “business and human rights” (BHR) from 20 June to 2 July 2016. This inaugural course will be held at the ILI in New Delhi.
ILI is a premier institution established in 1956 with the objective of promoting and conducting legal research to meet the social, economic and other needs of the Indian people. ILI, which was granted a Deemed University status in 2004, also offers a range of law courses.
HURBA seeks to build capacity of diverse stakeholders – especially of marginalised, disadvantaged and vulnerable sections of society – to respond effectively with challenges that arise with the intersection of human rights with business. HURBA will collaborate with like-minded institutions and organisations in all parts of the world to offer short transformative courses and conduct victim-oriented research on BHR issues.
Target audienceThis BHR course should be of interest to (i) law/business/management students having an interest in BHR or corporate social responsibility (CSR); and (ii) civil society representatives, business executives, policy makers, and government officials aspiring to learn more about international and comparative developments in the fields of BHR and CSR.
Upon a successful completion of the course, a certificate will be issued by the ILI.
Course aimsThe course aims to expose law/business/management students, civil society representatives, policy makers, corporate executives and government officials to international and comparative perspectives in the field of BHR. After completing this 2-week intensive course, participants should be able to have an informed understanding about:1) the nature and extent of the human rights responsibilities of business enterprises;2) how business enterprises should and could discharge their human rights responsibilities (including in their supply chains) and resolve dilemmas in their day-to-day business operations;3) the current regulatory interplay in the area of BHR at corporate, domestic, regional and international levels; and4) various remedial tools available to victims to hold business enterprises accountable for human rights abuses, the barriers that affected communities experience in seeking access to justice against businesses, and potential means to overcome such barriers.
Teaching and learningThe course will be conducted in the form of interactive seminars: twenty 2-hour seminars in total (two seminars each day from Monday to Friday). The seminars will draw heavily on comparative and international perspectives. In addition to focusing on theoretical underpinnings, special attention will be given to practical dimensions of BHR issues. Students will be expected to read beforehand the prescribed reading materials and actively participate in class activities such as hypothetical scenarios and role plays.
The course will be taught, on a pro bono basis, by a team of leading scholars and practitioners from all over the world (see the faculty bios for their profile). In addition to regular seminars, a few guest lectures by experts may also be organised. Moreover, students would have an opportunity to deeper their understanding of BHR issues by participating in an international conference on “Human Rights Responsibilities of Business: Emerging Regulatory Trends” to be held at the ILI on Saturday, 25 June 2016.
SyllabusThe course will cover the following topics: The changing role of corporations in society: from Bhopal to Bangladesh; why should companies have human rights obligations/responsibilities Locating BHR within international human rights law; evolution of BHR and its relationship with CSR and others such concepts BHR and economic development: relationship with sustainable development goals (SDGs) BHR/CSR and corporate laws: case of Indian Companies Act 2013 Nature of the human rights responsibilities of business: context of socio-economic rights Extraterritorial obligations of states (including of regional bodies like the European Union) Tools to protect human rights in global supply chains, e.g., human rights due diligence; safeguarding rights of migrant workers (e.g., from Asia to the Middle East) Role of financial and non-financial reporting regulations in promoting business respect for human rights (e.g., in situations involving conflict minerals, forced labour and human trafficking); ranking/benchmarking of corporate human rights performance Critical review of selective regulatory initiatives: corporate codes; multi-stakeholder initiatives; Global Compact; Guiding Principles on Business and Human Rights; OECD Guidelines for Multinational Enterprises; proposed binding international treaty Current avenues for seeking access to remedies: National Contact Point (NCP) complaint system, parent company’s direct duty of care, mandatory human rights due diligence, resort to National Human Rights Institutions (NHRIs) and international financial institutions (IFIs) accountability mechanisms, social movements Overcoming barriers in holding corporations accountable, e.g., doctrine of forum non conveniens, piercing of the corporate veil, lack of information and legal aid, corruption, judicial delays, complicity
Reading materialStudents will be provided a recommended list of reading materials for each seminar. They should also self-explore the relevant materials available at the Business & Human Rights Resource Centre’s website: http://business-humanrights.org/en
AssessmentThe assessment will comprise (i) class participations in various learning activities during seminars, and (ii) a take-home examination at the end of the course.
Coordinators’ contact detailsFor matters related to admission or logistics details, please contact the ILI Registrar, Mr Shreenibas Chandra Prusty (registrar@ili.ac.in). For academic issues, please contact the Course Coordinator, Prof Surya Deva (suryad@cityu.edu.hk).
Full course brochure [PDF]
↧