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This case study focuses on the role of transnational non-judicial grievance mechanisms in remedying human rights grievances of workers on tea plantations in India who are linked to transnational supply chains.Business activity: this research spans numerous individual business enterprises in the tea sector. Indian tea production is dispersed across many individual plantations in different parts of the country. Our research focused in particular on plantations located in Tamil Nadu, Darjeeling and Assam. Many plantations are owned by individuals or families, though some large companies own multiple plantations. Transnational connections: Direct ownership and management of plantations is generally carried out by Indian nationals, and large India-based companies such as the Tata Group are involved in both tea production and processing. However significant proportions of tea produced in India are exported to foreign markets, giving rise to extensive links through supply chains to international buyers, who sell the tea on foreign markets.Human rights issues: Many of the human rights issues affecting tea plantation workers are related to labour rights. These include concerns about wage levels, precariousness of employment, health and safety issues, and gender or caste discrimination. Also important are concerns regarding the adequacy of provision of social infrastructure and services on farms. Available grievance mechanisms: When human rights problems arise, a number of grievance mechanisms are formally available to workers. The grievance arrangements most commonly used by workers are located at the local level, encompassing both mechanisms operated by estate management, and those associated with standard administrative and legal processes of labour regulation.
This book employs a variety of perspectives such as Institutional, Social Democratic, Marxist, Gender and Informal, Biblical and Dalit, to critically examine the impact of neo-liberal globalisation on both formal and informal sectors of the labour market and the industrial relations system. The narratives not only interrogate current institutions and paradigms, but also outline future developments.
Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.
The Routledge International Handbook of Criminology and Human Rights brings together a diverse body of work from around the globe and across a wide range of criminological topics and perspectives, united by its critical application of human rights law and principles. This collection explores the interdisciplinary reach of criminology and is the first of its kind to link criminology and human rights. This text is divided into six sections, each with an introduction and an overview provided by one of the editors. The opening section makes an assessment of the current standing of human rights within the discipline. Each of the remaining sections corresponds to a substantive area of harm prevention and social control which together make up the main core of contemporary criminology, namely: criminal law in practice; transitional justice, peacemaking and community safety; policing in all its guises; traditional and emerging approaches to criminal justice; and penality, both within and beyond the prison. This Handbook forms an authoritative foundation on which future teaching and research about human rights and criminology can be built. This multi-disciplinary text is an essential companion for criminologists, sociologists, legal scholars and political scientists.
As the Indian economy integrates into global circuits of production, exchange and accumulation, the burdens of adjustment are shared unequally by different sectors, classes and regions. This study unravels the livelihood strategies and living conditions of labour in the tea gardens of Assam. The tea sector has been undergoing a crisis since the 1990s, with stagnant production, decline in exports, and closures of many tea gardens leading to large-scale retrenchments in the labour force. Based on a detailed analysis of secondary data and primary field research, the study examines the extent, types and implications of inter-generational occupational mobility (or immobility) among tea garden labourers in Assam. In the process, it reflects on how even a sector that had brought capital and labour from outside and contributed significantly to the country’s export earnings failed to create dynamic growth linkages within the local economy. The experience of the labour force in the Assam tea sector, the authors argue, is important for making sense not only of the development dynamics of the region, but of the contradictory ways in which forces of globalisation and neo-liberal reforms have been reshaping the worlds of labourers in the margins. The book will be of interest to students and scholars of labour studies, development studies, management studies, and studies of north-east India, as well as to policy-makers and those in the tea industry.
The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.​
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In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.