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2.5 Transitions <strong>in</strong> <strong>the</strong> Accountability of Human Rights Norms: Theshift from state responsibility <strong>to</strong> MNC obligation2.5.1 Theoretical orig<strong>in</strong>s of human rightsIn order <strong>to</strong> understand why an MNC may, <strong>in</strong> fact, have duties surround<strong>in</strong>g <strong>the</strong> human rightsof <strong>the</strong> people and communities <strong>in</strong> which <strong>the</strong>y operate and market <strong>the</strong>ir product or service,it is first necessary <strong>to</strong> briefly review <strong>the</strong> <strong>the</strong>oretical orig<strong>in</strong>s of human rights. Although itmay seem <strong>in</strong>tuitive that <strong>the</strong> human rights obligations of a population should exist only at<strong>the</strong> state level, upon fur<strong>the</strong>r analysis it becomes clear that <strong>the</strong> existence of human rightsnorms and standards and <strong>the</strong>ir application may <strong>in</strong>deed circumvent <strong>the</strong> unilateral and rigidformulations that have been espoused with<strong>in</strong> <strong>the</strong> last century.The natural rights <strong>the</strong>ory, based on <strong>the</strong> writ<strong>in</strong>gs of Locks and Hobbes, holds that <strong>the</strong> rightsof an <strong>in</strong>dividual are “<strong>in</strong>alienable” and “unalterable”, orig<strong>in</strong>at<strong>in</strong>g from a metaphysical sourceei<strong>the</strong>r through God or human nature. Hobbes <strong>in</strong>troduced <strong>the</strong> term “right” <strong>in</strong><strong>to</strong> politicalphilosophy as a “right of nature” stat<strong>in</strong>g that <strong>the</strong> right of nature is <strong>the</strong> liberty each man has<strong>to</strong> use his own power as he will himself, for <strong>the</strong> preservation of his own nature, that is <strong>to</strong>say, of his own life, and consequently of do<strong>in</strong>g anyth<strong>in</strong>g which, <strong>in</strong> his own judgment andreason, he shall conceive <strong>to</strong> be <strong>the</strong> aptest means <strong>the</strong>reun<strong>to</strong>. Essentially for Hobbes, <strong>the</strong>state of nature presented a war of all aga<strong>in</strong>st all, where arguably, one person has <strong>the</strong> right <strong>to</strong>take someth<strong>in</strong>g, and <strong>the</strong> o<strong>the</strong>r person has <strong>the</strong> right <strong>to</strong> defend his property. In o<strong>the</strong>r words,everyone had <strong>the</strong> right and liberty <strong>to</strong> protect him from attack however he could.Locke had greater faith <strong>in</strong> <strong>the</strong> civility of man and argued that natural rights stem fromGod’s creation of people as free and equal <strong>in</strong> <strong>the</strong> state of nature, and that, <strong>in</strong> this condition,no one is naturally sovereign over anyone else. As such, no person should harm ano<strong>the</strong>rperson’s life, liberty or possessions. “The state of Nature,” Locke wrote, “has a law of Nature<strong>to</strong> govern it, which obliges every one: and reason, which is that law, teaches all mank<strong>in</strong>dwho will but consult it, that be<strong>in</strong>g all equal and <strong>in</strong>dependent, no one ought <strong>to</strong> harm ano<strong>the</strong>r<strong>in</strong> his life, health, liberty, or possessions.” 221 The defender of <strong>the</strong>se natural rights wouldbe government, and any <strong>in</strong>fr<strong>in</strong>gement of this duty would lead <strong>to</strong> its removal whereby <strong>the</strong>government has threatened <strong>the</strong> life, liberty and property of <strong>the</strong> <strong>in</strong>dividual.The idea that human be<strong>in</strong>gs are egotistical and competitive presented itself as <strong>the</strong> foundation<strong>to</strong> many philosophical arguments <strong>in</strong> favour of secur<strong>in</strong>g order via political governance. Thisrequired a social contract by which members of society had <strong>to</strong> pledge allegiance <strong>to</strong> a state<strong>in</strong> return re<strong>in</strong>forc<strong>in</strong>g <strong>the</strong> duty of <strong>the</strong> state <strong>to</strong> protect <strong>the</strong> rights of its citizens, as well asPrivate Sec<strong>to</strong>r Accountability <strong>in</strong> Combat<strong>in</strong>g <strong>the</strong> Commercial Sexual Exploitation of <strong>Child</strong>ren|49

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