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JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 399-1"
COURSE NAME: "Special Topics in Law and Political Science: Human Rights and Business"
SEMESTER & YEAR: Spring 2025
SYLLABUS

INSTRUCTOR: Chiara Giaccari
EMAIL: [email protected]
 HOURS: TTH 10:00 AM 11:15 AM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS:
COURSE DESCRIPTION:
Special topics in Law and Political Science.
SUMMARY OF COURSE CONTENT:

This course introduces students to the field of business and human rights (BHR), including the risks and opportunities multinational corporations (MNCs) face throughout their operations and supply chains with regard to key human rights and labour rights. The course will look at the main sources of international law (such as United Nations Covenants and International Labour Organizations’ Conventions) for these rights, as well as voluntary principles, standards and upcoming legislation setting out the expectation for MNCs to respect human rights. Several practical case studies will be presented and analysed throughout the course to allow students to learn how to identify when and how human rights are abused by MNCs – and how these abuses can be mitigated or remedied.
LEARNING OUTCOMES:

The course will present several case studies to showcase key human and labour rights issues MNCs should consider in their operations and supply chains. Case studies are selected from news articles and litigation cases against companies for allegedly abusing human rights such as freedom of association, discrimination and harassment, child labour, forced labour, and the right to a healthy environment, among others. The course will also introduce students to the main sources of international law as well as the United Nations Guiding Principles on Business and Human Rights (UNGPs) and OECD Due Diligence Guidance for Responsible Business Conduct (OECD RBC Guidance), which lay out the expectations for MNCs to respect human rights and provide remedy when these have been abused. This includes additional expectations for companies when operating in conflict-affected and high-risk areas. Finally, the course will touch upon existing and upcoming legislation in multiple jurisdictions but with a focus on the European Union (EU), which is turning the expectations laid out in the UNGPs and OECD RBC Guidance into mandatory requirements.
TEXTBOOK:
NONE
REQUIRED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
Corporate Social Responsibility Versus Business and Human Rights: Bridging the Gap Between Responsibility and AccountabilityAnita RamasastryJournal of Human Rights1475-4843 pp. 237-238 and 249-252.
Are Labour Rights Human Rights?Virginia MantouvalouEuropean Labour Law Journal2399-5556  
Unpicked: Fashion & Freedom of Association Business & Human Rights Resource CentreBusiness & Human Rights Resource Centre   pp. 3-20.
The Concept of Discrimination ILO Convention No. 111 Henrik Karl NielsenThe International and Comparative Law Quarterly   
Frequently asked questions about the guiding principles on business and human rightsUnited NationsUNITED NATIONS PUBLICATION978-92-1-154207-3 General questions, pp. 3-18 (week 1) The state duty to protect, pp. 19-24 (week 9)
Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights StandardsLANCE COMPACornell University Press0801489644 Chapter: Workers’ Freedom of Association under International Human Rights Law, pp. 40-50
Achieving Workers' Rights in the Global EconomyScott Nova and Chris WegemerCornell University Press1501700049 Chapter: OUTSOURCING HORROR: Why Apparel Workers Are Still Dying, One Hundred Years after Triangle Shirtwaist.
Contemporary forms of slaverySilvia ScarpaEuropean Parliament Policy Department for External Relations978-92-846-4434-6 pp. 22-25 and pp. 30-31
Executive Summary: Ending child labour, forced labour and human trafficking in global supply chains Alliance 8.7ILO, OECD, IOM, UNICEF 978-92-2-133701-0  
Excessive Overtime, Workers and Productivity: Evidence and Implications for Better WorkSeo, Ji WonBetter Work978-92-2-125109-5  pp. 1-22.
The International Labour Organization and the Living Wage: A Historical PerspectiveEmmanuel ReynaudInternational Labour Organization 2226-8952 pp. 21-28.
What is the Right to a Healthy Environment?OHCHR, UNEP & UNDPOHCHR, UNEP & UNDP   
A/HRC/37/59: Framework Principles on Human Rights and the Environment John H. KnoxUnited NationsA/HRC/37/59 pp. 3-6.
A/78/180: Protection of the labour and human rights of migrant workers - Report of the Special Rapporteur on the human rights of migrantsFelipe González MoralesUnited NationsA/78/180  
Understanding the Indigenous and Tribal Peoples Convention, 189 (No. 169)International Labour OrganisationInternational Labour Organisation978-92-2-126243-5 pp. 1-24
Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie : Guiding Principles on Business and Human Rights : Implementing the United Nations "Protect, Respect and Remedy" FrameworkJ.G. RuggieUnited NationsA/HRC/17/31 pp. 3-5.
Guiding Principles on Business and Human RightsUnited NationsUnited NationsHR/PUB/11/04 week 9: pp. 3-12 week 10.1: pp. 13-16 & pp. 17-19 (Principle 17) week 10.2: pp. 16-17 (Principle 16) week 11.1: pp. 19-22 (Principles 18 & 19) week 11.2: pp. 22-24 (Principles 20 & 21) week 12.1: pp. 24-26 (Principles 22-24) week 12.2: pp. 27-35.
The State Duty to Protect Against Business-Related Human Rights AbusesSTÉPHANIE LAGOUTTEThe Danish Institute for Human Rights2014/1 pp. 6-22.
OECD DUE DILIGENCE GUIDANCE FOR RESPONSIBLE BUSINESS CONDUCTOECD OECD   week 10.1: pp. 9-21 week 10.2: pp. 22-24 & linked questions in Annex weel 11.1: pp. 25-31 & linked questions in Annex week 11.2: pp. 32-33 & linked questions in Annex week 12.1: pp. 34-35 & linked questions in Annex.
Report on access to effective remedy for business-related human rights abusesWorking Group on the issue of human rights and transnational corporations and other business enterprisesUnited NationsA/72/162  
Private Businesses and Armed Conflict: An Introduction to Relevant Rules of International Humanitarian LawICRCICRC   
Heightened Human Rights Due Diligence for Business in Conflict Affected Contexts UNDPUNDP  pp. 7-11.
Key developments in mandatory human rights due diligence and supply chain law IOEIOE978-1-7369528-1-8 pp. 4-8 and pp. 23-34.
Executive Summary: Emerging Market Perspectives on Business and Human Rights Measures and Economic Development FiftyEightFiftyEight   
New Pathways Toward Supply Chain AccountabilityJ. MieszkowskaAmerican Journal of International Law118:291-296 Chapter: The Unintended Consequences of the EU Corporate Sustainability Due Diligence Directive

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Group PresentationStudents in a pair or group (3 people max.) are required to research a case study of a company accused of violating human rights. The students will need to identify which human rights the company has allegedly violated, and which risks the company may face. The student will be asked to submit their research and presentation ahead of time. [weight: 15%] Students will then present their findings to the class during 15 minutes presentations (on PowerPoint/Prezi). [weight: 30%]45%
Final examStudents shall undertake an in class exam addressing a case study.45%
ParticipationStudents shall attend classes and participate to class discussions.10%

-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course.
BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.
CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.
-ATTENDANCE REQUIREMENTS:

Attendance is compulsory. Students are expected to attend classes regularly, to read assigned reading materials before each class and to contribute to class discussions in a meaningful way. Students have at their disposal a maximum of 3 unexcused absences throughout the semester. Additional absences will have to be justified by the Dean’s Office or the student will be penalized with an F grade being recorded for class participation.
ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.
SCHEDULE

 

WEEK

DATES

TOPIC

READINGS

DEADLINES

1

21 January

What are human rights and why should MNCs care about them?

United Nations, The state duty to protect, in “Frequently asked questions about the guiding principles on business and human rights” (2015), pp. 3-18.

 

A. Ramasastry, Corporate Social Responsibility Versus

Business and Human Rights: Bridging the Gap Between Responsibility and Accountability (2015), pp. 237-238 and 249-252.

 

1

23 January

As above + explanation of presentations assignment

V. Mantouvalou, Are Labour Rights Human Rights? (2012).

 

2

28 January

Freedom of association and collective bargaining

Workers’ Freedom of Association under International Human Rights Law, in “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards” (2000), pp. 40-50.

 

Business & Human Rights Resource Centre, Unpicked: Fashion & Freedom of Association (2022), pp. 3-20.

Form groups for presentations

2

30 January

Discrimination and harassment

H. K. Nielsen, The Concept of Discrimination ILO Convention No. 111 (1994).

 

3

4 February

Occupational health and safety

 

Online lecture (Teams link will be shared via email)

S. Nova and C. Wegemer, 1 OUTSOURCING HORROR: Why Apparel Workers Are Still Dying, One Hundred Years after Triangle Shirtwaist, in: “Achieving Workers' Rights in the Global Economy” (2016).

 

3

6 February

Forced labourand child labour

 

Guest lecture by Professor Silvia Scarpa – lecture room TBC

S. Scarpa, Contemporary forms of slavery (2018), pp. 22-25 and pp. 30-31

 

Alliance 8.7, Executive Summary: Ending child labour, forced labour and human trafficking in global supply chains (2019).

 

4

11 February

Wages and working hours

Better Work Discussion Paper Series: No. 2, Excessive Overtime, Workers and Productivity: Evidence and Implications for Better Work (2011), pp. 1-22.

 

International Labour Organisation, The International Labour Organization and the Living Wage: A Historical Perspective (2017), pp. 21-28.

 

4

13 February

Clean, healthy and sustainable environment

OHCHR, UNEP & UNDP, What is the Right to a Healthy Environment? (2023).

 

John H. Knox, A/HRC/37/59: Framework Principles on Human Rights and the Environment (2018), pp. 3-6.

 

5

18 February

Migrant workers

Felipe González Morales, A/78/180: Protection of the labour and human rights of migrant workers - Report of the Special Rapporteur on the human rights of migrants (2023).

 

5

20 February

Indigenous peoples and land

International Labour Organisation, Understanding the Indigenous and Tribal Peoples Convention, 189 (No. 169), (2013) pp. 1-24.

 

6

25 February

Review session

 

Deadline to submit presentations (PPT/Prezi)

6

27 February

Group presentations

 

 

7

4 March

Group presentations

 

 

7

6 March

Group presentations

 

 

8

Spring break 10-14 March

9

18 March

Introduction to the UNGPs and Pillar I

J.G. Ruggie, Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises: Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework (2017), pp. 3-5.

 

Guiding Principles on Business and Human Rights, pp. 3-12

 

9

20 March

Pillar I in practice: national action plans and laws

United Nations, The state duty to protect, in “Frequently asked questions about the guiding principles on business and human rights” (2015), pp. 19-24.

 

The Danish Institute for Human Rights, The State Duty to Protect Against Business-Related Human Rights Abuses (2014), pp. 6-22.

 

10

25 March

Introduction to Pillar II and OECD RBC Guidance

Guiding Principles on Business and Human Rights, pp. 13-16 & pp. 17-19 (Principle 17)

 

OECD Due Diligence Guidance for Responsible Business Conduct, pp. 9-21

 

10

27 March

Step 1: theory and practice

 

Lecture at Aula Magna Renella

Guiding Principles on Business and Human Rights, pp. 16-17 (Principle 16)

 

OECD Due Diligence Guidance for Responsible Business Conduct, pp. 22-24 & linked questions in Annex

 

11

1 April

Steps 2&3: theory and practice

Guiding Principles on Business and Human Rights, pp. 19-22 (Principles 18 & 19)

 

OECD Due Diligence Guidance for Responsible Business Conduct, pp. 25-31 & linked questions in Annex

 

11

3 April

Steps 4&5: theory and practice

Guiding Principles on Business and Human Rights, pp. 22-24 (Principles 20 & 21)

 

OECD Due Diligence Guidance for Responsible Business Conduct, pp. 32-33 & linked questions in Annex

 

12

8 April

Step 6 and Introduction to Pillar III

Guiding Principles on Business and Human Rights, pp. 24-26 (Principles 22-24)

 

OECD Due Diligence Guidance for Responsible Business Conduct, pp. 34-35 & linked questions in Annex.

 

12

10 April

Grievance mechanisms and remedy

Guiding Principles on Business and Human Rights, pp. 27-35.

 

A/72/162: Report on access to effective remedy for business-related human rights abuses (2017).

 

13

15 April

Heightened human rights due diligence in conflict

ICRC, Private Businesses and Armed Conflict: An Introduction to Relevant Rules of International Humanitarian Law (2024).

 

UNDP, Heightened Human Rights Due Diligence for Business in Conflict‑Affected Contexts (2022), pp. 7-11.

 

13

17 April

As above

 

 

14

22 April

The legislative landscape

IOE, Key developments in mandatory human rights due diligence and supply chain law (2021), pp. 4-8 and pp. 23-34.

 

FiftyEight, Executive Summary: Emerging Market Perspectives on Business and Human Rights Measures and Economic Development (2025).

 

J. Mieszkowska, The Unintended Consequences of the EU Corporate Sustainability Due Diligence Directive, In: “New Pathways Toward Supply Chain Accountability” (2024).

 

14

24 April

As above

 

 

15

29 April

Preparation for final exam

 

 

15

1 May

Holiday – no class

 

 

16

Date TBA

Final exam’s week