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JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 350"
COURSE NAME: "Human Rights and Business"
SEMESTER & YEAR: Fall 2025
SYLLABUS

INSTRUCTOR: Chiara Giaccari
EMAIL: [email protected]
 HOURS: MW 8:30-9:45 AM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: PL/LAW 230 and/or PL/LAW 320 recommended
OFFICE HOURS:
COURSE DESCRIPTION:
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.
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
Frequently asked questions about the guiding principles on business and human rightsUnited NationsUNITED NATIONS PUBLICATION978-92-1-154207-3 Week 1: pp. 3-18 Week 9: pp. 19-24
Corporate Social Responsibility Versus Business and Human Rights: Bridging the Gap Between Responsibility and AccountabilityAnita RamasastryJournal of Human Rights  Week 1: pp. 237-238 and 249-252
Unpicked: Fashion & Freedom of Association Business & Human Rights Resource CentreBusiness & Human Rights Resource Centre  Week 2: pp. 3-20
The Concept of Discrimination ILO Convention No. 111 Henrik Karl NielsenInternational and Comparative Law Quarterly   Week 2: full article
Contemporary forms of slaverySilvia ScarpaEuropean Parliament Policy Department for External Relations978-92-846-4434-6 Week 3: pp. 22-25 and pp. 30-31
Executive Summary: Ending child labour, forced labour and human trafficking in global supply chainsAlliance 8.7ILO, OECD, IOM, UNICEF978-92-2-133701-0 Week 3: full executive summary
2023 Findings on the Worst Forms of Child Labour US Department of LaborUS Department of Labor  Week 8: pp. 15-30 and pp. 51-54
Excessive Overtime, Workers and Productivity: Evidence and Implications for Better Work Better Work Better WorkISBN: 978-92-2-125109-5 Week 4: pp. 1-22
The International Labour Organization and the Living Wage: A Historical Perspective International Labour OrganisationInternational Labour Organisation  Week 4: pp. 21-28
Achieving Workers' Rights in the Global EconomyScott Nova and Chris WegemerCornell University Press1501700049 Week 4: Chapter "OUTSOURCING HORROR: Why Apparel Workers Are Still Dying, One Hundred Years after Triangle Shirtwaist"
What is the Right to a Healthy Environment? OHCHR, UNEP & UNDPOHCHR, UNEP & UNDP  Week 5: full report
Framework Principles on Human Rights and the Environment John H. KnoxUnited NationsA/HRC/37/59 Week 5: pp. 3-6
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 Week 5: full report
Understanding the Indigenous and Tribal Peoples Convention, 189 (No. 169)International Labour OrganisationInternational Labour Organisation978-92-2-126243-5 Week 6: 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: Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework J.G. RuggieUNITED NATIONS PUBLICATIONA/HRC/17/31 Week 8: pp. 3-5
The State Duty to Protect Against Business-Related Human Rights Abuses STÉPHANIE LAGOUTTEThe Danish Institute for Human Rights  Week 9: pp. 6-22
New Pathways Toward Supply Chain AccountabilityJ. MieszkowskaAmerican Journal of International Law118:297-302 Week 13: Chapter "The Unintended Consequences of the EU Corporate Sustainability Due Diligence Directive"
Are Labour Rights Human Rights?Virginia MantouvalouEuropean Labour Law Journal  Week 1: full article
OECD Due Diligence Guidance for Responsible Business ConductOECD OECD   Week 9.1: pp. 9-21; Week 9.2: pp. 22-24 & linked questions in Annex Week 10: pp. 25-31 & linked questions in Annex Week 11: pp. 32-33 & linked questions in Annex Week 12: pp. 34-35 & linked questions in Annex.
Guiding Principles on Business and Human RightsUnited NationsUnited NationsHR/PUB/11/04 Week 8: pp. 3-12 Week 9.1: pp. 13-16 and pp. 17-19 (Principle 17) Week 9.2: pp. 16-17 (Principle 16) Week 10: pp. 19-22 (Principles 18 & 19) Week 11: pp. 22-24 (Principles 20 & 21) Week 12.1: pp. 24-26 (Principles 22-24) Week 12.2: pp. 27-35
Report on access to effective remedy for business-related human rights abuses Working Group on the issue of human rights and transnational corporations and other business enterprisesUnited NationsA/72/162 Week 12: full report
Private Businesses and Armed Conflict: An Introduction to Relevant Rules of International Humanitarian Law ICRCICRC  Week 13: full report
Heightened Human Rights Due Diligence for Business in Conflict Affected ContextsUNDPUNDP  Week 13: pp. 7-11
Key developments in mandatory human rights due diligence and supply chain law IOEIOE978-1-7369528-1-8 Week 14: pp. 4-8 and pp. 23-34
Executive Summary: Emerging Market Perspectives on Business and Human Rights Measures and Economic Development FiftyEightFiftyEight  Week 14: full executive summary

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

1 September

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

United Nations, General questions, 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

3 September

As above + explanation of presentations assignment

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

 

2

8 September

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.

 

2

10 September

Discrimination and harassment

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

 

3

15 September

Forced labour

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).

Form groups for presentations

3

17 September

Child labour

As above + US Department of Labor, 2023 Findings on the Worst Forms of Child Labour (2024), pp. 15-30 and pp. 51-54

 

4

22 September

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

24 September

Occupational health and safety

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).

 

5

29 September

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

1 October

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).

 

6

6 October

Indigenous peoples and land

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

 

6

8 October

Review session

 

Submit presentations

7

13 October

Group presentations

 

 

7

15 October

Group presentations

 

 

8

20 October

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

 

8

22 October

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.

 

9

27 October

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

 

9

29 October

Step 1: theory and practice

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

 

10

3 November

Step 2: 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

 

10

5 November

Step 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

10 November

Step 4: 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

 

11

12 November

Step 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

17 November

Step 6: theory and practice

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

19 November

Pillar III and Grievance mechanisms

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

24 November

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

26 November

As above

 

 

14

1 December

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 (2024).

 

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

 

14

3 December

Preparation for final exam

 

 

15

TBD

Final exam’s week