The research analyses the Brazilian normative framework regarding the relation between businesses and human rights under a gender-based perspective. The key problem of the article is that this framework still has not embraced such a perspective and, for this reason, seems to be inefficient in protecting women’s human rights within the business’s activities. The research has a descriptive character and the method applied is inductive. The article reviews and compares the national and international normative diplomas in relation to the international jurisprudence and concrete episodes of human rights violations that occurred in Brazil. It concludes that the mentioned framework is not sufficient to prevent impunity and human rights violations by businesses and, also, that there is no sufficient legal protection to women’s rights, since the international references concerning the issue were not incorporated into the Brazilian legislation. Therefore, in spite of the progress made in Brazil with respect to the regulation of business activities for the specific purpose of protecting human rights, significant protective gaps still exist in relation to gender issues and women’s rights within the largest portion of the Brazilian business sector.

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Business and Women’s Human Rights Framework in Brazil: An Analysis from Fábrica de Fogos Case

  • Melina Girardi Fachin

摘要

The research analyses the Brazilian normative framework regarding the relation between businesses and human rights under a gender-based perspective. The key problem of the article is that this framework still has not embraced such a perspective and, for this reason, seems to be inefficient in protecting women’s human rights within the business’s activities. The research has a descriptive character and the method applied is inductive. The article reviews and compares the national and international normative diplomas in relation to the international jurisprudence and concrete episodes of human rights violations that occurred in Brazil. It concludes that the mentioned framework is not sufficient to prevent impunity and human rights violations by businesses and, also, that there is no sufficient legal protection to women’s rights, since the international references concerning the issue were not incorporated into the Brazilian legislation. Therefore, in spite of the progress made in Brazil with respect to the regulation of business activities for the specific purpose of protecting human rights, significant protective gaps still exist in relation to gender issues and women’s rights within the largest portion of the Brazilian business sector.