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"Globalisation and Human Rights: An Overview of its Impact"
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© 2018 IJRAR November 2018, Volume 5, Issue 4 www.ijrar.org (E-ISSN 2348-1269, P- ISSN 2349-5138)
“Globalisation and Human Rights: An Overview of its

Impact”
Prof. Santoshkumar M Katke

Asst Professor in Sociology
Government First Grade College – Bankapur
Abstract:
Globalization has today become a major sort of debate among academicians, policy makers and
NGOs. Its impact is profound. Despite the continuing emphasis on promoting global prosperity
and achieving a more “just world,” negative aspects of globalization remain rife in our globe.
Poverties, inequalities, injustices, starvations, backwards and marginalization’s are all serious
problems many societies are still experiencing. The purpose of this paper is to examine the positive
and negative aspects of globalization and realize how one could successfully deal with the
challenge it poses. The study shows that though globalization is a process by which capital, goods,
services and labor cross national borders, and acquire a transnational character, it is often
accompanied by the flow of related lifestyles, tastes, ideas, and even values across boundaries
which help reshape local political institutions, cultural patterns and social relations. It also creates
new opportunities for many peoples to increase their wealth and enhance their prosperities.
Keywords: Globalisation. Major, sort debate, academication, policy.
Introduction:
VASUDHAIVA KUTUMBAKAM, this world is one family, is an ancient and core part of Indian
philosophy. Strange, that globalization is often portrayed as a recent western imposition on India
and the world. Goods and people have moved across the globe for centuries, in fact, far more easily
than now. Neither passports nor visas were required, and traders, pilgrims and adventurers moved
around without let or hindrance. Although globalization and market liberalization have made some
progress in terms of economic growth in certain countries, it has also had many negative impacts
in developing societies. If globalization is conceived as turning the whole world into one global
village in which all peoples are increasingly interconnected and all the fences or barriers are
removed, so that the world witnesses a new state of fast and free flow of people , capital , goods
and ideas then the world would be witnessing unprecedented enjoyment of human rights
everywhere because globalization is bringing prosperity to all the corners of the globe together
with the spread of the highly cherished values of democracy , freedom and justice. On the other
hand if globalization is conceived as turning the world into a global market for goods and services
dominated and steered by the powerful gigantic transnational corporations and governed by the
rule of profit then all the human rights of the people in the world, particularly in the southern part
of the World would seriously be threatened.
IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 73
The Concept of Globalization Human Rights:

Globalization is an ambiguous term. It means different things to different people. It may mean
different things to the same person. So what does globalization mean?Globalization including its
various dimensions – from political, economic, social, cultural, and technological – is defined in
varied ways. This movement is ensured through the 4-Ds: deregulation, denationalization,
disinvestment and digitalization.With the rise of Japan and Germany as main economic powers in
the beginning of 1960s, scholars started to deal with the term as a merely economic phenomenon.
But after the “withering” of Communism and the end of the Cold War, the term becomes the
‘buzzword’ of our time and its meaning remains elusive. It is now no more an economic
phenomenon or a merely mental state as perceived during the Cold War, but it transforms into a
movement being enhance through concentrating on (a) global common principles such as
democracy and human rights, (b) growing interdependence between states, and (c) unprecedented
revolution in information technology. The quantitative and qualitative effects of this process are
seen in many aspects of human life. Within these perspectives, globalization globalizing certain
values which include economic patterns related to free trade, production, consumption and
distribution; cultural patterns related to entity, language, and lifestyle; and political patterns related
to democratic process and human rights.
Human rights are what make us human. They are the principles by which we create the sacred
home for human dignity. Human rights are what reason requires and conscience commands.
Objective:
1. To find out whether the globalization as a process and human rights is one of friends or foes,
2. To demonstrate, that globalization has, and will have, a mixed impact on the realization of
human rights.
Research Methodology:
Research Design: In view of the objectives of the study listed above, exploratory research
design has been adopted. Exploratory research is one, which largely interprets the already available
information, and it lays particular emphasis on analysis and interpretation of the existing and
available information and it makes use of secondary date.
Sources of data: The study is based on secondary data. The data has been collected from various
other reports like magazines, journals, published books and official websites. These are also
referred to for the present study.
Tools of analysis: The data collected for the study is analyzed logically and meaningfully to arrive
at meaningful conclusions.

Globalization and Human Rights: Friends or Foes?

There are group of “human rights” in the form of economic rights, labor rights, cultural rights,
civil and political rights etc. Globalization has, undoubtedly, influenced not only the content,
nature and realization of human rights but also the mechanism for their enforcement. This being
the case, one should ask a more fundamental question first: what is the nature of globalization,
both as a concept and as a process? Is it pro- or anti-human rights or is it a neutral phenomenon?
In my view, globalization as a concept is neither pro- nor anti-human rights; conceptually,
globalization could offer opportunities both for the promotion and abridgment of human rights, at
the national level as well as internationally. What is, however, critical is the way in which this
conception is operational zed, i.e., the process of globalization.
Impact of Globalisation on Human Rights:
Human rights violations (whether of individual civil/political, economic/social, or minority rights)
as a consequence of destructive social change resulting from globalization might result, at least in
some instances, in radical shifts in a society's cultural values and norms that, in turn, may lead to
a reconfiguration of the substance of traditional or historic notions of human rights. The outcome
of this search for a revitalized identity and meaning is unpredictable. There may be a reinforcement
of an exclusive communalism with little personal autonomy or there may be a loosening of
communal ties and an expansion of individual demands based on class. The evidence points in
both directions. Clearly globalization has had a deleterious effect on the entire complex of human
rights, resulting in significant transformations in the behavior and values of masses of humanity
across the globe. Some of the benefits of globalization contribute to the enhancement of human
rights. Increased trade often aids developing countries and thus contributes to the mitigation of
poverty; increased communication permits countries to learn from each other. In the sphere of
human rights, communication via email has permitted human rights advocates in their locality and
to communicate with other human rights advocates throughout the world. However there are other
less beneficent effects on human rights arising from globalization. The emphasis on
competitiveness and economic development has had especially negative effects on such vulnerable
groups as migrant workers, indigenous peoples and migrant women. Globalization has been cited
as a contributing factor in violations of the right to life, the right to protection of health, the right
to safe and healthy working conditions and freedom of association in many countries.
The following aspects of the process of globalization have a potential to influence human rights
jurisprudence.
1. The Changing Role and Position of States:
Globalization directly hits at the traditional notion of state sovereignty. However, in view of ever-
changing notions of sovereignty, one should not lightly assume that states or their sovereignty are

withering away, or that globalization robs states of powers such as that of taxation. States, in
principle, still possess the power of regulation and intervention, but the expectation is that such
exercise of power should suit the interests of global capital, even at the cost of harming the
interests of local communities. Moreover, states, even democratic ones, might not be able to take
an activist position in fulfilling their human rights obligations (particularly to socio-economic
rights)under pressure from external international sources or MNCs. Given this scenario, it is
doubtful whether states can be trusted to promote the human rights of their populace.
2. The Rise in Number and Influence of MNCs
MNCs of today dwarf many modern states in terms of economic and also political might; their
activities by and large are still not subject to concrete, legally binding human rights obligations
flowing from either constitutional law or international law. Not only this, MNCs are also able to
influence policy and law making in key areas such as public health, child labor, workers' rights,
consumer protection, foreign investment, environmental protection, women's rights, and the rights
of indigenous peoples. Although it can be argued that the arrival of MNCs in local markets benefits
consumers and those MNCs could also have some positive impact on humanrights that has not
always been the case. The involvement of MNCs in human rights violations and generating
environmental hazards is well documented. Corporations undoubtedly producewealth, but they
also produce risks, both to humans and to the ecosystem. Globalizationhas facilitated the export of
risks to those countries that are least capable to handle them.
3. Technology and Globalisation

Technology is one of the most prominent of the many areas used to characterize globalization,"
because it enables "the 'freedom of circulation' of ideas, goods and peoples." Technology has the
potential to shape the nature of human rights and could have mixed effect on their realization. The
internet, for example, not only enabled the transmission of information to consumers swiftly and
in a cost-effective manner, but also allowed non-government organizations (NGOs) to foster
partnerships and alliances across the world to fight against the perception that globalization is
against human rights. But theinternet has also raised thorny issues related to, say, and the right to
privacy. Similarly, other technologies, such as digitalization, biotechnology and human cloning,
do have serious implications for the realization of various human rights.In sum, though technology
could be used to promote human rights, there are reasons to believe, given the economic
considerations involved in its production, transfer anddissemination, that the final balance-sheet
mightpaint a gloomy picture as far as thefuture of human rights is concerned. This is so because it
is doubtful whether technology isneutral, and it may benefit some more than the many.
4. Governance by Regional or International Treaties:

Globalization demands close cooperation among states, especially in areas that facilitate foreign
investment and free trade: "The international rules on the protection of foreign investment catalyze
international flows of capital. They are an engine of economic globalization." Increasingly, issues
are being regulated and governed by regional or international treaties because "in today's world
'sole source' decision-making is impossible in light of global economic realities." This transfer of
governance matters, including human rights, from states to supra-state body’s results in a blurring
of the line between municipal and international governance issues. This process, in addition to
resulting in a necessary relinquishment of sovereignty on thepart of states, has two other significant
human rights implications. First, it limits the leewayand discretion available to states to react to
their respective special human rights orenvironmental needs. For example, a member state of the
WTO could no longer act,even if demanded by its Constitution, to tackle a health emergency in
disregard to the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the
DohaDeclaration.Second, the process is undemocratic in operation; Amman terms this as "the
democracyproblem in globalization." In fact, what ProfessorPhilippe Sands observes with
reference to the United Kingdom is quite revealing: "So thedozens of investment-protection
treaties which Britain has entered into over the last threedecades [1960s to 1990s] have never been
scrutinized by an elected, democratic body."
5. Reliance on Free Markets:
Globalization relies heavily on free markets,market forces, and the principle ofeconomic
efficiency. These could promote human rights in several ways,but marketscould also work against
the realization of human rights. In fact, in view of a deep normativeconflict between trade law,
which underpins the market, and human rights law, it cannot besaid with certainty whether free
market philosophy will provide enough space for humanrights to flourish.
6. The Culture of Consumerism:
Consumerism is another important facet of globalization, for it helps in creating andsustaining
markets for goods and services.Corporations strive hard and compete fiercely toincrease their
profits and capture more market share. Since consumerism is increasingly usedas a device for
"market-creation," the interests of consumers are the obvious casualties.Consumers' choices are
molded, sometimes even in total disregard to their health and safety,through, for example, the use
of famous personalities or women in sexually explicitadvertisements. Since the culture
ofconsumerism, something incompatible withsustainable development, dictates life's priorities not
on the basis of rational and freedecision making but on corporate interests, this poses a serious
challenge to the realization ofhuman rights.
7. The Role of the Media and NGOs:

Media, civil society organs such as NGOs, and public-minded citizens have all assumed agreater
role in global governance. They influence policy and law-making decisions at bothmunicipal and
international levels. The revolution in information technology has furtherfacilitated their
contributions. Although both NGOs and media have played significant partsin the promotion of
human rights, there is an iota of skepticism about their role. Forexample, NGOs' dependence on
donations and lack of transparency and accountability intheir functioning, as well as the
polarization of media in certain corporate hands, arematters of some concern, especially if seen
from the perspective of developing countries
8. Working women and Globalisation
Although unskilled workers in general are victims of globalization, the situation of women workers
deserves meticulous attention. On the one hand, globalization has increased opportunities for
women. Women have entered the workforce through jobs in export processing zones or through
becoming migrant domestic workers, jobs that aremostly produced by globalization. Their work
has significantly contributed to family income and to sense of independence and freedom for
women workers. But, these jobs have also led to social disruption of the family and expose women
to exploitation, at times even to violence and sexual abuse. As a faction of society which lacks
power and status in society, their human rights are frequently violated. Women migrant workers
are often drawn from the poorer segments of the society of their own communities and are thus
already in a situation of vulnerability. Their vulnerability is increased during their stay at foreign
places as they are regarded as a form of cheap and exploitable labour, their passports are sometimes
confiscated and, alone in a foreign country whose laws and customs they do not know, they are
unable to find recourse against abuses.
9. Rights of Indigenous People:
The international community has become concerned over violations of the rights of indigenous
peoples in recent years, after many years of neglect. The United Nations Working Group on
Indigenous Peoples has drafted a declaration on the rights of indigenous peoples, which is being
examined by a working group of the UN Commission on Human Rights and will eventually come
before the General Assembly for adoption. The decade from 1994-2003 has been declared the UN
Decade for Indigenous Peoples. The violation of the rights of the indigenous has been taking place
for centuries, the recent emphasis on economic development and international competitiveness has
resulted in new onslaughts on their rights. The link between the rights of indigenous peoples and
globalization was demonstrated by coming into effect of North American Free Trade Agreement
of 1994, for the uprising by Indians in Chiapas, Mexico, drawing attention to the violation of their
economic and social rights.
10. Workers Rights and Globalisation

The competitive pressures of the new international economy have had negative effects on the rights
of workers. Low labour costs and low labour standards are important elements in the choice of
location of branches or subsidiaries of transnational corporations or choice of suppliers for
industrial development. Textiles and other goods produced more cheaply in developing countries
are taking over markets in the developed world. Governments thus have little or no incentive to
improve working conditions – on the contrary, their competitive advantage depends on these
conditions. Developing countries oppose the linking of labour standards to trade issues, pointing
out that such linkages would take away their competitive advantage through cheap labour and low
labour standards. This argument is quiet understandable since it is essential to increase the trade
of developing countries, however in such case, the cost falls on the most vulnerable elements in
the developing countries: unskilled or semi skilled labourers whose rights to organize labour
unions, to engage in collectivebargaining or to protest against unsafe working conditions are
denied.
Implementation of Human Rights in the Era of Globalisation:
Judiciary:
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 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 andband, 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 an 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.
Legislature:
Now coming to the role played by Legislature wing of the State, the Government of India framed
major economic policies in 1991 to attract global corporate world to India. Since 1991, there have
been discussions on not only constitutionality of such policies but also its consequences. It is to be
believed that the policy of liberalization was a much needed one, but, it seems that the government
could not ensure that realization of human rights, especially of the poor people, is to remain a

cardinal factor at the time of law making or decision making process. For instance, the government
could not satisfactorily control the course of foreign investment and made some bad policy
decisions in terms of investment prioritization. Like people in villages have access to soft drinks
but not to clean drinking water, food, etc. Also, it seems that the amendments proposed by the
government in laws related to foreign investment, trade union and contract labour beard a negative
impact on human rights, especially of labourers and women workers.
Executive:
On the other hand, government took some initiatives as well to protect human rights from being
violated by framing some policies like, corporate social responsibility to protect environment,
social security scheme for unorganized sector, minimum environment norms for large scale urban
projects and various other schemes as well.
In all, it is submitted that all the wings of the State have done enough for their responsibility for
protection and safeguarding of human rights against the global economic pace. But still, there is
lot of gap that is to be filled up in absolute realization of human rights. The State, at times, has
shown its greed for economic prosperity by contending that it will automatically lead to realization
of human rights at all levels, but in this course they have been caught in the trap of global corporate
giants. Therefore, India has to rethink about its economic policies in order to safeguard human
rights from the negative impacts of globalization.
Conclusion:
Globalization has its winners and losers. It creates both help and hindrance in realization of human
rights. With the expansion of trade, market, foreign investment, developing countries have seen
the gaps among themselves widen. The imperative to liberalize has demanded a shrinking of State
involvement in national life, producing a wave of privatization, cutting jobs, slashing health,
education and food subsidies, etc. affecting the poor people in society. In many cases, liberalization
has been accompanied by greater inequality and people are left trapped in utter poverty. The
collapse of the economies of the Asian giants is an example of this. The Human Development
Report of 1997 revealed that poor countries and poor people too often find their interests neglected
as a result of globalization. Although globalization of the economy has been characterized as a
locomotive for productivity, opportunity technological progress, and uniting the world, it
ultimately causes increased impoverishment, social disparities and violations of human rights.
In this paper I have tried to demonstrate,that globalization has, and will have, a mixed impact on
the realization of human rights. The negative effects, though, seem to arise and to be experienced
more strongly in developing and under-developed countries.However, as the fault, in my view,

does not lie in globalization but in the way it is run, it is important for human rights activists to
bear in mind that their resistance is directed towards the "way" and not toward globalization per
se. Globalization could, in fact, help in the realization of human rights.However, and regardless of
our attitudes toward globalization, it is our moral responsibility, as proponents or opponents;
individuals or groups; NGOs or governments, to rethink the process of globalization in a manner
that enhances its advantages and reduces or eradicates its negatives.
Globalization “cannot be stopped,” it’s a natural progression through time. Asking if Globalization
is “good” or “bad”? “Friends or foes”? “Boon or bane”? is irrelevant. Globalization as a concept
is neither pro human rights nor anti human rights, it could offer opportunities for promotion of
human rights as well as abridgement of human rights. We are in a world that international
organizations, multinational, and national corporations plays an important role in the state.In this
model, Globalization opens up markets; markets are the basis of the liberal economic order; the
liberal economic order is the basis of democracy; democracy is the basis of human rights a
comparison would be that it’s like a drug that will cause headache now, however it will cure cancer
eventually. So globalization in this context changes the world to become a “global pillage instead
of being a global village”
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"Globalisation and Human Rights: An Overview of its Impact"

Article in SSRN Electronic Journal · November 2018

All content following this page was uploaded by Dr M. on 21 August 2020.

The user has requested enhancement of the downloaded file.

“Globalisation and Human Rights: An Overview of its

Prof. Santoshkumar M Katke

Keywords: Globalisation. Major, sort debate, academication, policy.

The Concept of Globalization Human Rights:

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 74

Globalization and Human Rights: Friends or Foes?

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 75

3. Technology and Globalisation

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 76

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 77

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 78

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 79

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 80

5. Manishaben Jaiswal “CONCEPTS OF DISTRIBUTED AND PARALLEL

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 81

8. Manishaben Jaiswal “GAME DEVELOPMENT PRINCIPLE, ARCHITECTURE AND

11. Manishaben Jaiswal,” CLOUD COMPUTING AND INFRASTRUCTURE", IJRAR -

IJRAR1904001 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 82

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