An institutional approach to labor-related human rights compliance: A case of forced labor in Nicaragua and Honduras

Abstract

This paper proposes a holistic institutional approach to provide insight into the policy reforms necessary to progressively achieve compliance with internationally recognized labor-related human rights. Drawing on institutions theory from political economy, the paper reframes international legal norms as holistic institutions, comprised of rules, social norms, and actual behaviors, the so-called rules of the game. In this way, problems in implementing labor-related human rights that may result in violations of international law are also considered as employment practices and, like other employment practices, are embedded in a web of formal and informal rules – institutions that govern work and employment. Based on the understanding that institutions contribute to violations, this holistic institutional approach also includes a framework to improve regulation and compliance based on Harold Koh's compliance theory from international law. The approach is illustrated using the example of forced obligatory overtime in textile assembly (maquilas) in Honduras and Nicaragua.

Citation

Frey, D.F. (2010), "An institutional approach to labor-related human rights compliance: A case of forced labor in Nicaragua and Honduras", Lewin, D., Kaufman, B.E. and Gollan, P.J. (Ed.) Advances in Industrial and Labor Relations (Advances in Industrial & Labor Relations, Vol. 17), Emerald Group Publishing Limited, Leeds, pp. 127-151. https://doi.org/10.1108/S0742-6186(2010)0000017007