Paper Presentation on Human Rights

Topic: Globalization and Human Rights

Presenter: Hivi K Yeptho

Moderator: Dr. M.M. Abraham

Date: 21- 09- 20

Introduction
Globalization is defined as a major force to change the world economically and politically as
well as culturally. It has changed every sphere of human life and it is necessary to know how
globalization gives challenges and benefits to human rights in violation to several activities.
This paper will discuss the process of globalization and its impact alone with the protection
of rights given to every individual.

1. Globalisation

Globalization is a process by which the people of the world become one single society where
nation can enjoy the free movement of trade and goods, technology, capital and even labour
across national boundaries.1 It is a process of change and integration among the people,
companies and government of different nations, by international trade and investment within
the world. It is generated by growing international economic, cultural development and
political cooperation with greater prosperity in societies and in the world. Globalization can
be understood in terms of three dimension such as political, cultural and economics. Through
these dimension people continue to interconnect and interdependent within the nations. It
show rapid increasedin trade and cultural exchange, the expansion of capital flow and the
transfer of technology from national firm to multi-national cooperation.2

1.1. Dimension of Globalization

1.1.1. Political Globalization

Globalization has become a most fashionable word in economics. Through Globalization

nation began to develop reliance on foreign resources leading to the development of huge
trade network. Capitalism market economy has become a dominant global form of economic
and social development, supported by rapid science and technological progress. With the
increase power in global prosperity a drastic change began to take place between the
powerful countries which resulted in conquest and warfare rather than peaceful negotiation.

1
Anil Bhumali, Globalisation and Human Rights (Delhi: Serial Publication, 2006),2.
2
JanuszSymonides, “New Human Rights Dimensions, Obstacles and Challenges: Introducer Remarks,”
New Dimensions Challenges for Human Rights, edited by JanuszSymonides (New Delhi: Rawat Publications,
2003), 28.

1
The competition between the nation has promoted the idea of political institution that would
control the risk of warfare by maintaining the stability in the economics and military strength
of the countries with different political system and goals in order to maintain the protection of
human rights as well as the environment within the border. Globalization has created political
challenges in transforming the economic conflict into military conflict for resources, land
power such as for e.g.: the conflict between India and Pakistan to dominate the power over
Jammu and Kashmir. The evolution of new world political order began to take place in order
to maintain peace and security such as European Union, United Nation alone with several
inter-governmental organisation such as International Monetary Fund(IMF), World bank,
World Trade Organisation. However United Nation became a powerful organisation that
maintain peace and harmony among the nation by following various laws and order in order
to avoid military conflict with several human rights and resolve the dispute.3

1.1.2. Economic Globalization

Economic Globalization is the increasing economies and interdependence of national,

regional and local economic across the world as a result of growing scale of cross border,
flow of international capital and the rapid spread of technology. It is a process through which
draws countries out of their insulation and makes them join rest of the world in its march
towards a new economic order such as institutionalized of opening of markets, liberalization
of national economy and international economy integration. The growing significance of
information in all types of productivity activities and marketization are two major driving
forces for economic globalization. So the fast globalization of the world economies is largely
base on the rapid development of science and technology. Therefore, the whole dimension of
globalization are based on economic.4

1.1.3. Cultural Globalization

Cultural Globalization involves spread of ideas, food, arts, customs and language in order to
extend social relation. It is a relation through which people associate their individual and
collective cultural identities. It brings increasing interconnectedness among the nations. There
are three important phenomenon of globalization that has brought great impact on global
culture:
1. The development of a new culture of the globally connected professional and
especially in business elite.
2. The rapid growth in pop culture
3. The diffusion of beliefs and values about broader issues such as human rights and
other social norms.5

3
Shixiong Cao and Junze Zhang, “Challenge of Political Globalisation,” Time and Society (June
2017):6.
Rumki Basu, eds., International Politics: Concept, Theories and Issues (Sage Publication India: New
4

Delhi,2012),285.
5
Rumki Basu, eds., International politics…,285.

2
 2. Human Rights

Human rights has become an important aspect of civic life. Human rights are those rights to
which all human beings are entitled to enjoy every freedom with dignity and equality
regardless of sex, colour, nationality, ethnicity, language, religion, or any other status. It was
meant to put an end to slavery and bloodshed and imposed laws on freedom of life and
liberty, freedom of opinion and expression, the right to work and education and many more.

2.1. Human Rights Violation

It is a general consensus that trafficking in persons, or the commercialization of humanity, is

a phenomenon tied to the socioeconomic and geopolitical transformations in recent years that
have witnessed the increasing interconnectivity and interdependence of global markets. The
uneven distribution of global wealth and the corresponding lack of opportunity accompanied
by local unemployment, which have been exacerbated by globalization, create a “push” for
people to places where there is a demand. Over 27 million individuals are victims of one or
another form of human trafficking and globalization is directly or indirectly related to this
cause. Individuals find it easier with the globalised network now to capture opportunities in
outside states and in turn, the weaker sections often get caught in traps of trafficking.6

2.2. Universal Declaration of Human Rights

After the end of the bloody war (WW2), the Human Right law was imposed by the United
Nation in order to promote and protect human rights and freedom of individuals. The
Universal Declaration of Human Rights(UDHR) was declared in 1948 by United Nations
General Assembly in response to the war that cause huge loss and devastation. Since then,
UDHR becomes a milestone documents in the history of human rights. It was set, for the first
time, fundamental human rights to be universally protected. The draft was translated into
over 500 languages. It was an achievement for all people and all nation that gain status of an
effective platform for human rights for discussion and policy decisions.7Here are some of the
few rights imposed as a Universal Law by UN:

 Right to Equality
 Freedom from Discrimination
 Right to Life, Liberty, Personal Security
 Freedom from Slavery
 Freedom from Torture and Degrading Treatment
 Right to be Considered Innocent until Proven Guilty
 Right to Own Property
 Right of Belief and Religion

Derrick M. Nault, Shawn L. England, Globalization and Human Rights in the developing World
6

(London: Palgrave Micmillan, 2011),36-37.

7
Rumki Basu, eds., International politics…,306.

3
  Right to Education etc.8

3. Globalization impact on Human Rights

Human rights were formed in the form of economics rights, social rights, cultural rights and
political rights. As we witness the globalization has undoubtedly influence not only the nature
and realization of human rights but also the mechanism for their enforcement. The process of
globalization and the promotion of human rights need to maintain as it will cause a threat
both at national as well as international level. The emphasis on competitiveness and
economic development has brought negative impact such as migrant workers, indigenous
peoples and women. However, on the other side globalization has contribute various factor in
violations of the right to life, the right to protection of health, the right to safe and healthy
working condition and freedom of association in many countries. The process of
globalization has brought great changes and influence the human right jurisprudence.

3.1. NGOs and Human Rights

Non-Governmental Organization was formed in 1839 under the influence of Universal

Declaration of Human Rights. Globalization gave rise to the importance of NGOs. It was
formed to fight against slavery movement, women suffrage and disarmament movement.
Other international organisation such as World Trade Organisation, International Monetary
Fund were mainly on the capitalist enterprises but organisation like NGOs were formed to
emphasize humanitarian issues. NGOs play dominant role in ensuring international protection
of human rights. The aim of the international human rights NGOs was to promote human
lives, their physical, material and spiritual wellbeing in reactionto autocratic, repressive, and
inhuman military rule in the country in social, political, and economic rights of the people.
NGOs in India have also played a significant role by taking steps to guarantee human rights
to marginalized groups, such as women and members of oppressed classes. They also created
awareness about the state being in human rights violators such as in case with Kashmir the
passage of draconian law.9

3.2. Technology and Globalization

Information Technology has brought new challenges in jurisprudence in dealing with the
changes brought about by the information technology. It is one of the most prominent of the
many areas used to characterize globalization the way we live, perceive and do
business(freedom of circulation) 10 The information technology not only access information
to consumers swiftly but also allowed NGOs to foster partnership and alliances across the
8
Nancy Flowers, eds., Human Rights Here and Now: Celebrating the Universal of Human Rights,
http://hrlibrary.umn.edu/edumat/hreduseries/hereandnow/Part-5/8_udhr-abbr.htm ( Accessed on 16-09-20).
9
B.D Ram, NGOs and Human Rights(NewDelhi: Mahaveer and Sons ,2011), 57.

Rekha Prasad, “Know Cyber Crime offences – Punishment under Cyber Law,”
10

https://www.legalcrystal.com/blog/cyber-law/know-the-cyber-crimes-offences-a-punishment-under-cyber-law,
17-09- 2020.

4
world to fight against inhuman activities. Technology has the potential to shape the nature of
human rights but however it cannot be ignored that technology has several negative impact as
well.

3.3. Labour Rights and Globalization

The amendments proposed by the government in laws related to foreign investment, trade
unions, contract labour, factories, industrial disputes, and monopolistic practices in
developing countries have negative impacts on human rights, especially the human rights of
labourers and women workers. Industrial goods and textiles are mostly produced in a
developing countries controlled by the developed countries. Developing countries oppose the
linking of labour standard to trade issues pointing out that such linkages would take away
their competitive advantage through cheap labour and low labour standard. So such
international economy had negative effects on the rights of workers.

3.4. Working Women and Globalization

Globalization with the help of science and technology open up a way for several
opportunities specially for women. The situation of women workers deserves meticulous
attention. Women have entered the workforce through jobs in export zone or through
becoming migrant domestic workers, jobs that are mostly produced by globalization. Their
work also contributes to family income alone with man and a sense of independence and
freedom for women began to burn within them. In 1979 The major instrument for human
rights for women Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW) was adopted by UN General Assembly. But however we cannot deny the
fact that such globalization has also increase the exploitation of women such as human abuse,
prostitution, women trafficking, force slavery and sexual abuse in working places. With this
human right are frequently violated.11

4. Human Rights in India

Globalization has posed so many challenges in the way of human rights in all over world.
India is also facing the challenges of globalization in terms of human rights violation. Due to
liberalization, privatization and globalization the human rights of workers, women, children
and tribal are under question. Large number of displacement of tribal people, exploitation of
works, low rate of wages, worst work condition, women and child trafficking, environment
degradation and polluted rivers are some issues which can recognised as human rights
violation in thecountry. Human rights issues that arise include displacement, the poverty of
rehabilitation, and often, the impossibility of rehabilitation, the impoverishment that results
from displacement, the non-reckoning of cultural and community identity and of rights, what
constitutes development has come into severe question in country. Due to these issues, the
several violent and non-violent protests have risen. Studies have shown that poverty
11
Rajendra Prasad, An Overview and its Impact on Globalization and Human Rights,” International
Journal of Creative Research Thought, vol 6 (December, 2018):802.

5
worldwide, including in India, has increased as a result of globalization. The gap between the
rich and the poor has widened within and between nations. The pursuit of an economic model
which emphasises growth at the expense of justice militates against human rights. Poverty is
a most blatant violation of human rights.12

4.1. Rights of indigenous people

With the advancement of science and technology, globalization demanded for an open market
economy in India and resulted the nature of the state has been changed; now it became a
protective state with limited welfare nature. The process of alienation of tribal land has
accelerated by this period and due to this, their livelihood is under threat. One major problem
raised due to industrialization is the conversion of agricultural land for non-agricultural
purposes. Many are forced to leave their homes, relatives and villages to go and work in
towns, offices, industries and so forth. 13There is no reliable and complete information on the
number of tribal displaced in the country since independence. The estimates range between 5
and 7 million, mostly by the dams, followed by mines and industries - or approximately one
in every ten tribal has been displaced by different developments projects. Poverty,
malnutrition, mortality, morbidity, illiteracy, unemployment, debt bondage, and serfdom
among the tribal are markedly higher.14 They remain at the lowest rung of the Indian social
structure. To emancipate the indigenous people from exploitation, the government of India
has taken the stand of “protection and development” and rights of the indigenous people by
including list of Scheduled Tribes in terms of opportunities under the Indian constitution.

4.2. Human rights of the Indian formers are under threat

It is estimated that morethan a quarter of a million Indian farmers have committed suicide in
the last 16years, the largest wave of recorded suicides in human history. A great number of
those affected are cash crop farmers and cotton farmers in particular. In 2009 alone, the most
recent year for which official figures are available, 17,638 farmers committed suicide, that’s
one farmer every 30 minutes. While striking on their own, these figures considerably
underestimate the actual number of farmer suicides taking place. Women, for example, are
often excluded from farmer suicide statistics becausemost do not have title to land, a common
prerequisite for being recognized as afarmer in official statistics and programs. The formers
suicide is dueto the new forms of capitalist development that the globalization initiated in
thesphere of agriculture. New patent law and hybrid seeds further aggravated this crisisand it

12
NinanKoshy, “Human Rights under Globalization,” Human Rights in a Developing society, Edited by
M. R. Biju (New Delhi: Mittal Publications, 105-106.
13
A. Wati Longchar, The Tribal Religious Traditions in North East India: An Introduction, rev. ed.
(Jorhat: Eastern Theological College, [1991], 2000),153.
14
Biswash Ray, Human Rights, Gender and Environment (New Delhi: Arise Publishers and
Distributors, 2009), 87-66.

6
is estimated that in India more than two lakh farmers have committed to suicide between
1900s and 2000s.15

4.3. Women Rights and Human Rights

With globalization, women have been marginalised further, patriarchal values are sought to
be strengthened, and commodification of women increased and their second-rate citizen
status has further deteriorated. The rises of media and creating woman icons have led to
consumerist culture resulting in looking at woman more as a commodity rather than a human
being.16As a faction of society which lacks power and status in society, their human rights are
frequently violated. Women are often terrorised so that they do not assert their rights despite
the legal safeguards. Violence against women manifest itself as rape, molestation, stripping
eve teasing, kidnapping and abduction, domestic violence including wife battering, dowry
harassment, dowry death, cruelty to women driving them to commit suicide or other forms of
murder like foeticide and female infanticide. Women Trafficking and force slavery becomes
a global problems and violation of human rights. Several laws were imposed to improve the
status of women by the Indian constitution and NGOs in order to protect right of women.
Depending upon the nature of the case, the Commission took direct actions or made
interventions with the appropriate authorities.17

4.4. Dalits Rights and Globalization

Because of globalization, the small gains made through reservations have beenreserved.
While employment itself is diminishing, there is no scope for getting a just and proper share
in employment. Bulks of the Dalits are landless and land reforms are akey question for their
development. But globalization has not only avoided the agenda of land reforms but also it
has substituted it with corporatisation of farming for global agricultural market by agri-
business corporations.18

5. Implementation of Human Rights in the Era of Globalization

As far as implementation of human rights in India is concerned, the Indian Judiciary has been
doing a commendable job from last three to four decades. In fact, it was the Supreme Court

15
C. NarasimhaRao, Globalization, Justice and Development (New Delhi: Serials Publications, 2007),
26.
16
C. NarasimhaRao, Globalization, Justice and Development…, 25.
17
S.K. Pachauri, Women and Human Rights, (NewDelhi: A.P.H. Publishing Corporation,1999),5.
18
C. NarasimhaRao, Globalization, Justice and Development…,26.

7
of India, well before the adoption of liberal economic policies of 1991, foreseen the impact of
liberalization/privatization/globalization on fundamental rights guaranteed under the
Constitution of India. The Judiciary was aware of, that, liberal economic policies could
seriously affect the fundamental rights of the weaker sections of the society and they cannot
survive under such economic policies. The Supreme Court of India, time and again, kept on
redressing specific human rights violation, issues discussed were constitutionality of the
policy of privatization, disinvestment, pollution of rivers, deaths due to starvation, right to
strike and bandh, employment of children in hazardous industries, right to health and many
more such issues which concerned or were directly or indirectly concerned to basic rights of a
human being. And in majority of these cases, the Supreme has been able to secure justice
victims of violations of human rights due to globalization. Besides, the Apex Court of India
has tried to create a balance between the need for development and the protection of human
rights.19

6. Analysis

The world is becoming highly internationalist in terms of social and economic issues and in
the verge of globalization, it is highly important for the actors of the government to frame
inclusive and sustainable policies. Policy-making is a highly complex and analytical process
which involves a set of coercive actions for effective implementation of the framed policies.
The likely consequences of policies are to be analysed in the perspective of human value
systems which requires a futuristic approach catering to the needs of the entire mass of
populace. Amidst serious governance issues faced by the nation-states, it is rather imperative
to give weight age to equality of rights, social, economic and political justice which when
disturbed is prone to cause extremism ideologies and emergence of terrorism and insurgent
activities. Needless to say, studies on this area will arouse seriousness among the policy-
makers to give top priority to human rights when policies are framed. Therefore, policy
analysis from a human rights perspective will definitely address the shortcomings of policies
which would otherwise create human rights violation.20

Conclusion
With advancement of the world, the struggle for human rights has become more complex and
challenging. Realizing human rights especially economic and social rights is becoming
increasingly difficult. The needs and wants of the people began to violate every section of
rights of human. But however with the cooperation and support between the nations imposed
several laws to maintain the balance between globalisation and protection of human rights
Human rights are what make us human. They are the principles by which we create the

19
Robert McCorquodale& Richard Fairbrother, “Globalization and Human Rights” Human Rights
Quarterly vol. 21 (3), edited byBert B. Lockwood (New York: Johns Hopkins university press, 1999), 742- 750.
20
J.Prabhash, “Human Rights in a Globalized World: Market Friendly Rights vs. People Friendly
Rights, A Theoretical Construct,” In Human Rights in a Changing World, Edited by P.Sukumaran Nair (New
Delhi: Kalpaz Publications,2011), 45-49.

8
sacred home for human dignity. Human rights are what reason requires and conscience
commands.

Bibliography

Bhumali,Anil. Globalisation and Human Rights. Delhi: Serial

Publication, 2006.

Symonides, Janusz. “New Human Rights Dimensions, Obstacles and

Challenges: Introducer Remarks,” New Dimensions
Challenges for Human Rights, edited by Janusz
Symonides (New Delhi: Rawat Publications, 2003), 28.

Cao, Shixiong.

and Junze Zhang. “Challenge of Political Globalisation.” Time and

Society (June 2017) 6.

Basu, Rumki, eds. International Politics: Concept, Theories and Issues.

Sage Publication India: New Delhi,2012.

Nault, Derrick M,

and Shawn L. England. Globalization and Human Rights in the developing

World.London: Palgrave Micmillan, 2011.

Ram, B.D. NGOs and Human Rights. New Delhi: Mahaveer and
Sons ,2011.

Prasad, Rajendra. An Overview and its Impact on Globalization and

Human Rights.” International Journal of Creative
Research Thought. Vol 6 (December, 2018):802.

Koshy, Ninan. “Human Rights under Globalization.” Human Rights in

a Developing society.Edited by M. R. Biju (New Delhi:
Mittal Publications, 105-106.

Longchar,A. Wati. The Tribal Religious Traditions in North East India: An

Introduction.Rev. ed.Jorhat: Eastern Theological
College, [1991], 2000.

Ray, Biswash. Human Rights, Gender and Environment. New Delhi:

Arise Publishers and Distributors, 2009.

9
Rao, C. Narasimha. Globalization, Justice and Development. New Delhi:
Serials Publications, 2007.

Pachauri, S.K. Women and Human Rights. New Delhi: A.P.H. PublishingCorporation,1999.

Corquodale, Robert Mc,

and Richard Fair brother. “Globalization and Human Rights.”Human Rights

Quarterly. Vol. 21 (3). Edited by Bert B. Lockwood.
New York: Johns Hopkins university press, 1999.

Prabhash,J. “Human Rights in a Globalized World: Market

Friendly Rights vs. People Friendly Rights. A
Theoretical Construct.” In Human Rights in a Changing
World. Edited by P. Sukumaran Nair. New Delhi:
Kalpaz Publications,2011.

Webliography

Flowers,Nancy, eds. Human Rights Here and Now: Celebrating the

Universal of Human Rights,
http://hrlibrary.umn.edu/edumat/hreduseries/hereandno
w/Part-5/8_udhr-abbr.htm ( Accessed on 16-09-20).

Prasad,Rekha. “Know Cyber Crime offences – Punishment under

Cyber Law.” https://www.legalcrystal.com/blog/cyber-
law/know-the-cyber-crimes-offences-a-punishment-
under-cyber-law.(Accessed on17-09- 2020).

10