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When Business Harms Human Rights

When Business Harms Human Rights

Affected Communities that are Dying to be Heard

Edited by Karen Erica Bravo
Jena Martin
Tara L. Van Ho

“Dying to Be Heard” narrates the experiences of different individuals and communities from around the world, examining the impact that business activities has had on their lives. The volume is situated within the multidisciplinary subject area of business and human rights.

Hardback, 250 Pages

ISBN:9781785272264

January 2020

£80.00, $125.00

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  • About This Book
  • Reviews
  • Author Information
  • Series
  • Table of Contents

About This Book

The contemporary business and human rights regime speaks almost exclusively to states and business entities. The absence of victim voices has been a consistent challenge within the field in general as well as within the various literature and policy proposals. This challenge is so widely recognized that, for the first time, the UN made affected communities’ access to remedies the central theme at the November 2017 Forum on Business and Human Rights.

“Dying to Be Heard” is timely, exploring many of the key themes from the forum and offers an in-depth analysis of business-related human rights impacts and the challenges experienced by rightsholders in accessing remedies. The volume relies on reported narratives of and qualitative data on various incidents where businesses have intersected with affected communities. It allows the voice of the rightsholders to be heard and presents initial ideas regarding best practices that governments and businesses can undertake when engaging with communities. Most importantly, however, this edited volume engages with a larger audience primarily from the perspective of affected rightsholders.

The volume stands as a first-of-its-kind. Indeed, of the scholarly books currently published within the field of business and human rights, none have provided narratives from rightsholders or made their perspectives the center of the narrative.

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Author Information

Jena Martin is professor of law at West Virginia University College of Law, USA. Her scholarship is in the field of business and human rights, where she has written extensively on many issues, including the intersection of securities regulation with human rights impacts.

Karen E. Bravo is vice dean and professor of law at the Indiana University Robert H. McKinney School of Law, USA. Her research interests include business and human rights, regional integration, labor liberalization, slavery and human trafficking.

Tara L. Van Ho is lecturer at the University of Essex School of Law and Human Rights Center, UK. Her main research interests are business and human rights; investment law and human rights; economic, social and cultural rights (particularly the privatization of the delivery of ESCRs, extraterritorial obligations, and international assistance and cooperation in the area of ESCRs); and transitional justice.

Series

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Table of Contents

Preface; Foreword; Acknowledgments; Introduction; 1. Complicity in False Arrest, Imprisonment and Theft by a Fairtrade Certified Company, Madeline Hung; 2. Hindrances to Access to a Remedy in Business-Related Cases in Colombia: The Case of Gilberto Torres, Piergiuseppe Parisi and Gareth Sims; 3. The Global Pursuit for Justice for DBCP-Exposed Banana Farmers, Daysheelyn Ann P. Brillo; 4. The Rupturing of the Dam and the Community Social Fabric: A Testimony from an “Atingido” from Bento Rodrigues, Brazil, Rajiv Maher and Adriana Bravin; 5. Taming the Dragon: Unpacking Options for Access to Remedy for Violations by Chinese Multinational Corporations Operating in Chiadzwa, Zimbabwe, Belinda Chinowawa; 6. Maxima Acuña: The Story of How a Business Impacted Human Rights Defenders, Marianne Bertrand and Ariadna Tovar; 7. Community Interrupted, “Life Projects” Disrupted: Cajamarca, Ibagué, and the La Colosa Mine in Colomba, Tara L. Van Ho; 8. Occupational Health as a Human Right: A Case Study in a Turkish Free Zone, Cigden Cimrin and Yucel Demiral; 9. The Price of the “Black Dollar:” Veteran Coal Miners and the Right to Health, Jennifer D. Oliva with contributions from Jena Martin; 10. Abandoned: A Tale of Two Mine Closures in South Africa, Michael Clemens and Maria Isabel Cubides; Appendices; List of Contributors; Index.

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