Abstract

Abstract
 This paper considers the interplay of international law, politics and national law in the protection of human rights defenders (HRDs) that are challenging businesses practices in Brazil. It argues that the Brazilian State and transnational and domestic businesses have a responsibility to protect HRDs and should adopt robust means of doing this, embracing their work as opportunity rather than a threat in building up a democratic society. To demonstrate the validity of this claim, this paper highlights the role of HRDs in promoting corporate responsibility and in exposing and remedying the adverse human rights (HR) impacts of business in Brazil. It further explains how HRDs working on issues of corporate responsibility and accountability are under threats and attacks from both state and non-state actors as a result of their work. The paper then analyses some of the responses from the organized civil society, business, and the Brazilian State in order to tackle violence against HRDs. The paper considers that the relationship between business and the Brazilian State is dialectical and complementary and, as such, should be arbitrated by the international HR system. In this process, the paper calls for a binding instrument to regulate the activities of transnational corporations and other business enterprises to be adopted at the UN level and argues that it could potentially influence the rhetoric and practices in the politics of HR in Brazil. The final section provides an explanation for how the Brazilian State and transnational and national businesses should protect HRDs. 
 
 Keywords: Business. Human Rights. Human Rights Defenders.

Highlights

  • This paper considers the interplay of international law, politics and national law in the protection of human rights defenders (HRDs) that are challenging businesses practices in Brazil

  • It is argued here that the adoption of a United Nations (UN) Business and Human Rights Treaty, its internalization into Brazil’s legal system and the consequent empowerment of the Brazilian OCS could strongly contribute to the protection of HRDs in Brazil

  • The adoption of a UN Business and Human Rights Treaty, its internalization into Brazil’s legal system and the consequent empowerment of the Brazilian OCS could strongly contribute to the protection of HRDs in Brazil

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Summary

Introduction

2. The Legal Framework for the Protection of Human Rights Defenders in Brazil. 3. Human Rights Defenders challenging Business Practices in Brazil. 3.2 Violence against Human Rights Defenders who challenge Business Practices in Brazil. 4. The Responsibility to Protect Human Rights Defenders as an Opportunity to Build up a Democratic Society in Brazil. 4.1 Organized Civil Society’s Responses to Violence against Human Rights Defenders. 4.2 Business’ Responses to Violence against Human Rights Defenders. 4.3 Brazilian State’s Responses to Violence against Human Rights Defenders.

INTRODUCTION
THE LEGAL FRAMEWORK FOR THE PROTECTION OF HUMAN RIGHTS DEFENDER IN BRAZIL6
HUMAN RIGHTS DEFENDERS CHALLEGING BUSINESS PRACTIVES IN BRAZIL
CASE STUDY ANALYSIS
The Responsibility to Protect Human Rights Defenders as an Opportunity to
ORGANIZED CIVIL SOCIETYS RESPONSES TO VIOLENCE AGAINST HUMAN
BUSINESS’ RESPONSES TO VIOLENCE AGAINST HUMAN RIGHTS DEFENDERS72
BRAZILIAN STATE’S RESPONSES TO VIOLENCE AGAINST HUMAN RIGHTS DEFENDERS
CONCLUSION
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