Rights For All - Navigating The Complexities Of Human Rights In A Globalized World
Author: LawSphereX
Category: Constitutional & Human Rights
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RIGHTS FOR ALL: NAVIGATING THE COMPLEXITIES OF
HUMAN RIGHTS IN A GLOBALIZED WORLD
Shruti Chauhan, Symbiosis Law School, Noida
ABSTRACT
Globalization is considered as economic, cultural, and political integration which has eventually impacted the human rights across the world. This study aims to explore both positive and negative impacts of globalization on human rights. On the positive side globalization enhanced the economic growth, and created employment opportunities, improved living standards and raised awareness of human rights violation. With the rise of MNCs and foreign investment has also facilitated infrastructure development. However globalization also presents challenges, economic expansion often leads to exploitation of labor, environment degradation, cultural homogenization threatens local tradition, also increased economic dependence of developing nations on powerful and strong nations poses threat on national sovereignty as it was evident in Sri Lanka back in 2022.
The case study of Coca Cola in Kerala reflects the exploitation of local people. Further it highlights the importance of balancing the globalization which prioritizes human dignity, and sustainable development, prioritize policies to ensure development does not come at the cost of human rights.
RESEARCH
METHODOLOGY
The research is based on secondary research methodology in order to analysing the impact of globalization on human right. this study is based on reviewing the existing literature, academic articles, and reports from reliable sources such as JSTOR, Google Scholar.
INTRODUCTION
Globalization, in simple terms, known as the integration of a country’s economy with the world’s economy through foreign investments or MNCs, traditionally referred to the process by which government, business, and cultures become interconnected and independent across the globe, and it is mainly through the exchange of goods, services, information and technology. Globalization has multiple dimensions like political, economic, social or cultural. The definition of globalization has evolved from primarily focusing on economic transactions during 1960’s when powers like Germany, Japan rose, to the expansion of this concept after the World War II during this time the scope of globalization widened as the movement driven by deregulation, disinvestment, digitalization1.
This transformation of scope of globalization highlights the growing interconnectedness between the states and technological revolution. Globalization also came to known for exchange of lifestyle, culture, ideas and preferences, McDonaldization of American culture, BTS the Korean band, Korean food, Bollywood movies are such examples. Human rights are some basic and fundamental rights which are granted to all irrespective of caste, religion, gender, nationality or ethnicity, but inherited by all from virtue of birth. These rights have political, economic, cultural aspects which aim to protect the dignity , freddom and equality of every person. The advancement of human rights has been integral to globalization, which promotes value of democracy, rule of law, equality, and fundamental rights across the globe.
The Universal Declaration of Human Rights and other international charters have been helpful for globalizing these human rights, making them an essential in international relation domain.
1 Sumner B. Twiss, History, Human Rights, and Globalization, 32(1) J. Religious Ethics 39 (2004),
http://www. jstor. org/stable/40018154 IMPACT OF GLOBALIZATION ON HUMAN RIGHTS Globalization has speed up the spread of human rights across the world, which makes the human rights as global issue and not the national issue as a result Today, human rights are being discussed in every society. In order to create a united society protecting the dignity and respect of every person becomes essential. The idea of human rights becomes popular after the horrifying episode of WW II leading to adoption of Universal Declaration of Human Rights in 1948. Globalization has both helped and violated the human rights, on one hand it allows states to work together to support human rights and on the other hand the economic competition harms vulnerable groups of people violating their basic rights also degrading the environment and resources2.
POSITIVE IMPACT OF GLOBALISATION ECONOMIC DEVELOPMENT: Globalization has caused economic development in many developing nations Globalization has acted as boon for the economic growth, even including India. In 1991 when LPG reforms (Liberation, Privatization, and Globalization) were introduced which marked the turning point for India’s economy leading to significant GDP growth and poverty was reduced. By opening markets, attracting foreign direct investment and liberalizing trade. This growth improved the living standard, social rights, advanced economy, and helped in reducing poverty, access to better health and education. Programs like MGNREGA (Mahatma Gandhi National Rural Employment Guarantee) were financed by this economic growth, aiming to ensure the right to work and economic security I rural areas.
In Countries like Vietnam, Bangladesh have witnessed speedy economic growth just because of globalization, enhancing living standards. EMPLOYMENT OPPORTUNITIES: globalization has led the set up of multinational corporations in various developing nations, which helped in creation of jobs and employment. This allows people belonging to marginalized communities to access better livelihood opportunities. For example the Silicon Valley of India in Bengaluru becomes the global technology and startup hub of India, it is a nest for various Multinational Corporations like Google, Amazon, Microsoft providing skill development opportunities. Also due to availability 2 Edward Lee & Marco Vivarelli, The Social Impact of Globalization in the Developing Countries, 145 Int’l Lab. Rev. 167 (2006).
of cheap labors in India many MNC set up here, converted rural area into Metropolitan cities and also ones the MNC is set up it leads to construction of schools and better health care services leading to overall development of that area and providing better lifestyle to people. CREATING AWARENESS: Globalization has increased the awareness of human rights across the globe, through international media, social media, and campaigns. The awareness has empowered the people to demand their rights and holding goverrnment accountable. Information of abuses can be shared quickly via online media and Instagram reel in this upgraded society, mobilizing international advocacy and pressure3.
For example in 2022 in Iran a women activist was beaten to death by the morality police if Iran for not earing the hijab according to government guidelines sparked the outrage among people across globe and lead to Hijab Ban Campaign. In India the 2024 RG Kar medical college tragedy where a women doctor was raped in midnight within the government hospital lead to huge protest. Also back in 2012 the Nirbhaya gang rape, sparked global outrage leading to introduction of anti-rape laws and fast track courts. WORLD INTEGRATION : Globalization encouraged cross border cultural exchange. This culture exchange can help to combat xenophobia, racism, and discrimination and creating a more unified and inclusive society.
For example in USA, the official leave is provided on the occasion of Indian festival – Deepawali and people in India started celebration Halloween a Foreign festival promoting inclusivity and cultural diversity. Globalization also allows countries to work together and combat challenges which required collective actions such as climate change, poverty, terrorism which are linked to protecting human rights4. For example India’s participation in Paris Agreement for climate change, or other programs like solar alliances headed by India. Globalization has encouraged the adoption of democratic values likes, rule of law, promoting accountability, checks and balances and protection of rights. India as the world’s largest democracy has benefitted a lot from globalization from being part of UN to G20 forum and has contributed to global governance system. 3 C. S.
Reddy, Globalisation—A Human Rights Perspective, 12(2) World Aff. : J. Int’l Issues 84 (2008), https://www. jstor. org/stable/48505172. 4 P. Dodh, Globalisation and Human Rights in India: A Communitarian and Multicultural Perspective, 24(4) World Aff. : J. Int’l Issues 44 (2020), https://www. jstor. org/stable/48609808.
NEGATIVE IMPACTS OF GLOBALISATION
ECONOMIC GROWTH vs HUMAN RIGHTS: globalization focuses mainly on economic growth and competition causing to widen the gap between Rich and the poor. For Instance, Multinational Corporation operates specially in countries where there are flexible labour laws in order to reduce the cost which lead to workers working in harsh and poor working conditions, low wage, lack of proper regulation causing erosion of human rights. For example in Bangladesh the Global garment industry subjected workers to low wages and unsafe working conditions highlighted in the tragic collapse of Rana Plaza building back in
2013 which killed more than 1100 workers5.
Globalization can exacerbate the marginalization of Vulenrable groups, like indigenous people, migrant worker and women. The craze for economic growth might overlook these vulnerable groups and causes exploitation of many. Deforestation of land, displacement of indigenous communities, clearing or agriculture land for the industrial purposes, and economic development leads to violation of their human rights and cultural heritage. Global demand for natural resources leads to environmental degradation and resource exploitation. CULTURAL HOMOGENIZATION: Due to spread of Globalization can erode the local cultural identity, norms and traditions and cuisines. Cultural Homogenization can weaken the traditional notions of rights within various societies. McDonaldization has caused the spread of similar business models across the globe at the expense of local traditions.
For example, A person in Maharashtra would prefer eating a burger from MNC of America That is McDonalds, due to its heavy popularity over the local cuisine that is A Vada Pav. The dominance of western consumer culture have impacted the indigenous communities all over world. People may face challenge to preserve their own local language and traditional life from the influence of Dominant global systems. The domination of western culture is evident in clothing trends, and traditional Indian attire like sarees and dhoti have taken the back seat among youth. Brands like H&M, Zara have replaced Indian fashion choice. Also, the dominance of English as a global language has led to a decline in the usage of regional or local languages.
Also YOGA and Ayurveda which has gained immense popularity worldwide, originated from India, spreading 5 Nazmus Hafiz & Farhana Sabrina, Impact of Globalization on Human Rights in Developing Countries, Soc’y & Sustainability (2023), https://doi. org/10. 38157/ss. v5i1. 558.
Indian identity at global level. NATIONAL SOVEREIGNTY AND SECURITY: Globalization requires uniform laws and policies which sometimes leads to conflicts in cross border laws and national sovereignty and threat to national security. They can weaken the human rights protection laws to favor the economic agreements and trade laws6. To quote an example the North America Free Trade Agreement included provisions that were criticized for undermining the local labor and environmental laws in Mexico. Also the interconnected nature of global economy may sometimes compromise the national Security. The reliance on global trade and supply chain makes the countries vulnerable to disruption, a small disruption in trade would impact the economies across the globe.
For example in 2009 The great Recession when US economy crashed it impacted the whole world and took many years to recover, hence In globalized world A small disruption in any part of world has effect on other parts of world as well. Also during Covid 19 pandemic many countries faced shortage or medical supplies because they were dependent on Imports and the trade chains were disrupted during the Pandemic. GLOBAL INEQUALITY and ECONOMIC DEPENDENCE: No doubt globalization has lifted many people out from the poverty, but it can also not overlooked that it has caused to widen the gap between Rich and poor. There is an unequal distribution of benefits earned out of Globalization, restricting it to the upper class and leaving others disadvantaged, without access to adequate education, healthcare, basic rights, and decent living standards.
7 In India as well it widened the gap between urban and rural populations, in rural area there still exists poverty, lack of education and urban cities grow richer and becomes metropolitan cities8. The globalization also created the economic dependency of Developing nations on Developed , more powerful nations and their Multinational Corporations. For example Dependency the African nations, Sri Lanka have on China's investment and road initiatives which also raises concern of "debt-trap-diplpmacy" which China usually plays on weaker nations like in 2022
6 Brian Willan, Globalisation and Human Rights, 149(5500) RSA J. 18 (2002),
http://www.jstor.org/stable/41380311. 7 Axel Dreher, Martin Gassebner & Lars-H. R. Siemers, Globalization, Economic Freedom, and Human Rights, 56(3) J. Conflict Resol. 516 (2012), http://www.jstor.org/stable/23248798. 8 M. Joseph Sirgy, Dong-Jin Lee, Cheryl Miller & James E. Littlefield, The Impact of Globalization on a Country’s Quality of Life: Toward an Integrated Model, 68 Soc. Indicators Res. 251 (2004).
When Sri Lankan government collapsed and had more Debt on China then their own country's GDP, in such situation the more powerful nation tries to control and force the weaker nation in name of recovering debt can also cause threat to nation's sovereignty. CASE STUDY Perumatty Grama Panchayat vs State of Kerala9 In 1999, Hindustan Coca-Cola Bevarages pvt. ltd established their manufacturing plant in Kerala district – Plachimada extracted around 510,000 liters of groundwater on daily bases. This extensive extraction of water depleted local water reserves leaving nothing for the local population. This manufacturing unit also exploited the water and generated toxic waste risking the health of localites. The overuse and contamination of water resources by MNC has led to widespread protests. In response the local government denied the plant’s licence to renewal in 2003.
Coca Cola challenged this action in Kerala High Court, which overturned the panchayat’s stance. Therefore, Supreme court in 2005 permitted company to extract upto 500,000 liters of groundwater daily. The plant operation of extracting and polluting groundwater, caused violation of fundamental rights like right to water and right to health. Also it leads to environmental degradation and reduced agricultural yield disrupting the livelihood of local farmers which violates article 21 of Indian constitution. This case reflects the connection between economic development, human rights and environment.
CONCLUSION
No doubt globalization has great impact on human rights, presenting both opportunities and challenges and especially in developing nations. While economic development offers path to nation’s progress, employment opportunity and awareness, but also brings concern about environmental degradation. Hence a balanced approach is essential to address these difficulties. By adopting sustainable development practices and by encouraging collaboration between government and international organization, India can work towards balancing economic
9 Perumatty Grama Panchayat v. State of Kerala 2004 (1) KLT 731
growth with protecting human dignity. Government should implement stringent labor laws, in order to ensure fair wages and safe working condition and multinational corporation must be held liable for their role in environmental sustainability. By focusing on balanced globalization, the world can achieve economic growth without violating human rights.