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Published online by Cambridge University Press: 10 September 2021
Business is an essential part of human society, and the right to livelihood is a fundamental human right. Business can impact human rights, for better or worse. Recognition of this has led to a legal regime focused on preventing business-related human rights violations. The impact of these violations depends partly on a person’s place in society. Several cases may be used to illustrate how business can have differentiated impacts based on gender. For example, while maternity protection has been recognised in international labour law since 1919, a century later both pregnancy and breastfeeding discrimination, and maternity and paternity inequalities continue. The many gender-differentiated impacts of business on human rights require a gender-responsive business and human rights (BHR) framework. This chapter begins by defining key terms and the theoretical underpinnings of a gender-responsive approach to BHR. Next, it outlines international human rights law (IHRL) and policy relevant to gender, business, and human rights. It concludes that the current BHR regime does not provide adequate protection to those suffering gender-based rights violations. Nevertheless, there are ample legal and related texts presently available with which to begin to remedy this problem.
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