Rethinking the obligations of multinational corporations on human rights: from voluntary to compulsory

Abstract

The international community has focused attention on the behavior of multinational enterprises (MNE) due to the direct and indirect impacts of their activities on the enjoyment of human rights of the most vulnerable communities in many of the countries where they operate, particularly in global South countries. This has raised the debate about if those companies should be subjects of direct obligations and responsibility about human rights. This controversy remains unsolved so far. Through the analysis of the developments and challenges reached at international level for having an effective control over the behavior of companies, this article proposes the rethinking of international human rights law in order to allocate and justify companies as subjects of obligations and responsibilities in relation to the respect to human rights. The aim is to reduce the adverse impact of their activities on the population and on the environment. Moreover, it also intends to stop impunity in serious corporate human rights abuses.