The Corporate Responsibility to Respect the Human Right to Health
摘要
Given that health as a human right implies “at least” equal access to basic and standardized medical care (let’s call it the minimalist approach 1) and demands a moral division of labour among several institutions to achieve it, what should be the special responsibility of business corporations? Since the adoption of the United Nations Guiding Principles on Business and Human Rights in 2011, the special responsibility of business corporations has been framed as the responsibility to respect human rights, i.e. the responsibility to avoid violating human rights (let’s call it the minimalist approach 2), while states have the obligation to protect human rights. This chapter relies on the minimalist approach 1 to reject the legal interpretation of the responsibility to respect human rights as framed by the minimalist approach 2. By arguing that respect means more than harm avoidance and includes local responsiveness, it provides a philosophical account of the corporate responsibility to respect human rights and what it entails for the human right to health in Africa. I start by clarifying the minimalist approach 1, which emphasizes the equal-access-to-healthcare component of the human right to health and why it is grounded in robust philosophical justifications. I then examine the minimalist approach 2 and its objectionable interpretation of respect as merely harm avoidance. Finally, I suggest that corporations have the collaborative responsibility to proactively ensure that the human right to health is effectively enjoyed by all African citizens.