Abstract:
This paper aims to demonstrate that using an embedded understanding of institutions provides a more holistic perspective of the means available for achieving more effective human rights practices in businesses. In relation to the ICT sector, my research question is: What are some of the institutional conditions necessary for effective human rights and human rights due diligence practices in businesses? To provide insight into this, I use academic theory to discuss three institutional conditions necessary: the internalisation of norms such as for collaboration/ cooperation and transparency; normative frameworks like codes of conduct; and formally sanctioned self-regulation, particularly for fast-paced industries where laws are slow or ineffective.
Then, using Apple and Microsoft as case studies, I discuss their human rights due diligence model and general approach to human rights, how it has been applied in their operations, what challenges they have encountered, and how they responded. I then discuss these in relation to the best practices. I conclude that, while not without flaws, if these three institutional conditions are taken together, they help build a more holistic path forward for businesses to respect and promote human rights. These findings fit contemporary theory that the way forward for business and human rights begins with the need for multiple institutional conditions to work together simultaneously. Using a restructured understanding of institutions, I provide a small insight into the way new perspectives can promote responsible business, and help us understand better the embedded role of business in society and nature.
Keywords: human rights, due diligence, business, operations, ICT sector, information communication technology, institutions, norms, frameworks, code of conduct, self-regulation, Apple, Microsoft