• close

    Compliance and Good Practices as Tools for the Effectiveness of the Right to Development

    1. Introduction

    The application of the right to development is directly related to the guidelines in the 1986 UN Declaration on the Right to Development, which recognized development as an inalienable human right, integrating the economic, social, cultural, and environmental dimensions for the development of the human personality.

    The central principle is that every person and all groups have the right to participate in, contribute to, and enjoy economic, social, cultural, and political development, in which all human rights and fundamental freedoms can be fully realized.

    The Declaration emphasizes the responsibility of states and the international community to create favorable conditions for the development and realization of human rights. This concept reflects a holistic understanding of development, realizing not only economic growth but also sustainable and equitable human well-being.

    The Declaration is the result of the journey from the contemporary macro to the creation of human rights, proving the concept of the right to development through the human rights approach, offering it expanded contours, both in terms of content and ownership.

    And in this vein, the 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly in 2015, is a global action plan that aims to eradicate poverty, protect the planet, and ensure prosperity for all as part of a new paradigm of sustainable development.

    The 2030 Agenda includes 17 Sustainable Development Goals (SDGs) and 169 targets, which represent a universal call to action against poverty, environmental protection, and the promotion of peace and prosperity.

    These objectives are related in that they recognize that interventions in one area will affect results in others and that development must balance the social, economic, and environmental dimensions.

    This study aims to identify how the adoption of good practices through compliance and corporate governance standards can make a decisive contribution to achieving the above results.

    And, indeed, in the context of the right to development and the 2030 Agenda, compliance and good business practices are vital tools for promoting sustainable development.

    Compliance, as understood as adherence to laws, regulations, standards, and codes of conduct, is fundamental to ensuring that business activities not only avoid infringing rights but also promote positive development practices.

    Good business practices, including corporate social responsibility, corporate sustainability, and business ethics, are essential for aligning business operations with the principles of sustainable development. 

    In this north, we can mention, for example, the implementation of gender equality policies or the inclusion of investment in local communities and the minimization of negative environmental impacts.  

    The integration of compliance practices and the adoption of good business practices contribute significantly to the achievement of sustainable development goals, strengthening governance, promoting transparency, and ensuring respect for human rights and the environment. 

    This commitment to sustainable development makes it possible not only to mitigate risks but also to identify opportunities for innovation and sustainable growth, reinforcing the role of companies as agents of development in society.

    2. The Right to Development and the 2030 Agenda

    The UN Declaration on the Right to Development, adopted on December 4, 1986, by the United Nations General Assembly in Resolution 41/128, represents a historic milestone in the evolution of human rights and international law.

    The Declaration recognizes development as an inalienable human right and introduces a paradigm that links development to the full enjoyment of economic, social, cultural, and environmental rights.

    Furthermore, in Article 2, it declares the responsibility of states to adopt national and international measures to ensure development and the elimination of obstacles to development. International cooperation is emphasized as an essential aspect of development.

    This is because development is not restricted to economic growth, but encompasses a holistic dimension (as mentioned in the Introduction) that includes social well-being, culture, the environment, and political participation. This concept reflects the interdependence and indivisibility of all human rights – whether civil and political or economic, social, and cultural. 

    Regarding the economic aspects, the right to development requires that economic development processes promote social justice, the equitable distribution of the benefits of development, and access to resources. It includes the eradication of poverty, access to food, health, and education, and the promotion of decent working conditions.

    Regarding the social aspects, the right to development emphasizes the promotion of social equality, universal access to basic social services, and the strengthening of social cohesion and inclusion.

    When dealing with cultural aspects, the right to development recognizes the importance of cultural diversity and freedom of cultural expression and must respect and promote the cultural identity and values of each community and people.

    Finally, regarding the environmental aspects, the right to development highlights the need for sustainable development that preserves the environment for present and future generations. This implies the responsible management of natural resources and the mitigation of negative environmental impacts.

    And, in this vein, the 2030 Agenda is directly related to sustainable development, as it is a global action plan adopted by the 193 UN member states in September 2015, aimed at guiding national policies and international cooperation activities to eradicate poverty in all its forms and dimensions and combat inequalities within countries.

    In fact, it is important to find effective instruments so that all these corollaries can be put into practice, reducing the differences between peoples and nations. The adoption of good practices and compliance rules in the day-to-day management of business activities will certainly strengthen the right to sustainable development.

    3. Compliance and Good Practices as Tools for Development

    Compliance, in its broadest sense, refers to adherence to and compliance with laws, regulations, standards, and guidelines established by regulatory bodies and internal to an organization.

    In the business context, compliance refers to the implementation of policies, procedures, and practices designed to ensure that a company and its employees comply with the regulatory framework applicable to their economic activity, including labor, environmental, data protection, and anti-corruption legislation, among others.

    The compliance function within an organization is not only limited to avoiding fines or legal sanctions but also to promoting a culture of ethics and integrity, strengthening the corporate reputation and the trust of stakeholders, including clients, investors, regulators, and society in general.

    In this way, it needs to be understood as an investment not only to mitigate the risks of any daily activity but also as a form of sustainable development.

    Indeed, companies that adopt robust compliance practices can mitigate significant risks, including legal, operational, and reputational risks. In addition, an effective compliance program can result in competitive advantages, facilitating access to new markets, attracting investment, and improving relationships with business partners and consumers who value ethics and sustainability.

    But that’s not all!

    The relevance of compliance extends to the field of sustainable development since compliance practices help to ensure that companies operate responsibly, respecting environmental, social, and governance (ESG) principles.

    In this sense, compliance is an essential tool for integrating sustainability into business strategies, ensuring that business operations make a positive contribution to the sustainable development goals of the UN’s 2030 Agenda.

    And the example set can reverberate throughout the community.

    3.1 The Adoption of Good Practices Is Not To Be Confused With Compliance

    In turn, good business practices refer to a set of procedures and attitudes adopted by companies that not only comply with legal and regulatory obligations, but also promote ethics, integrity, inclusion, and corporate social responsibility.

    These practices include, among others, effective corporate governance, transparency in operations, respect for workers’ rights, environmental protection, and contributions to community welfare.

    The relationship between good business practices and compliance is intrinsic and complementary. On the one hand, compliance provides the legal and regulatory framework necessary for companies to operate, serving as the minimum basis for corporate conduct. Good business practices, in turn, go beyond mere compliance with regulations, reflecting the company’s commitment to high ethical standards and sustainable development. Together, compliance and good business practices strengthen companies’ reputation and sustainability, creating long-term value for all stakeholders.

    As such, the integration of compliance and good business practices represents a fundamental strategy for companies seeking to contribute to the Sustainable Development Goals (SDGs).

    3.2 Practical Application to Contribute to the Right to Development

    Compliance and good business practices align directly with several SDGs, providing a framework for companies to operate responsibly and sustainably.

    For example, complying with environmental regulations (compliance) and adopting sustainable production processes (good practices) contribute to SDG 13, which provides for Action Against Global Climate Change, and to SDG 12, which provides for Responsible Consumption and Production.

    Likewise, any gender equality and inclusion policy in the workplace meets compliance rules, as they are in line with federal standards that determine the institution of gender inclusion programs, while also complying with good practices if carried out ethically and support SDG 5, which deals with Gender Equality.

    In this regard, the vast majority of large companies currently comply with SDG 5, which is about achieving gender equality and empowering all women and girls. In this sense, regarding gender equality, it is true to say that Thomas Jefferson was a slave master. At the same time, however, it is also true to say that the preamble to the United States Declaration of Independence, which he drafted, broadened the horizon for emancipatory struggles that expanded for almost two centuries and persist to this day, including those of black groups and women in particular, whose rights were then non-existent or simply denied. The idea that human beings, in addition to being equal and free, have the right to the pursuit of happiness (pursuit of freedom) started a silent and lasting revolution against explicit and implicit forms of domination and the curtailment of subjectivity. This conception of human beings is typical of the Enlightenment and unthinkable outside its tradition.

    In this line of reasoning, it is possible to state that special laws, or very special laws, such as Law number 11.340/2006, known as the “Maria da Penha Law”, which created mechanisms that regulate rights to curb domestic and family violence against women, in terms of § 8 of art.226 of the Federal Constitution, the Convention on the Elimination of All Forms of Violence against Women, the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women, and other international treaties ratified by the Federative Republic of Brazil, providing for the creation of the Domestic and Family Violence Courts against Women and establishing assistance and protection measures for women in situations of domestic and family violence, reiterate this content.

    In the sphere of renewable energies, for example, companies can adopt renewable energies in their operations and supply chains, reducing dependence on fossil fuels and minimizing carbon footprint, in line with SDG 7, which addresses Affordable and Clean Energy.

    The implementation of compliance programs that guarantee compliance with environmental legislation, such as the proper treatment of waste and the reduction of emissions, in turn, contributes to SDG 15, which deals with Life on Land, and SDG 14, which deals with Life in Water.

    Although it is not an event dedicated to the sustainability agenda, the Forum is seen as a reference for what is to come in the future. The report on global risks pointed to extreme weather as the main threat to the stability of the planet today. The theme “Extreme Climate Events” was chosen as one of the five risks that are believed to be most likely to present a material crisis on a global scale in 2024. Disinformation and the misuse of artificial intelligence came in second with 53% of responses, followed by the political and social polarization of societies with 46%, the crisis in people’s cost of living with 42%, and cyberattacks with 39%.

    It’s true to say that the discussions at the World Economic Forum (WEF) in Davos, Switzerland, have been increasingly closely followed by experts and executives on the ESG agenda. 2023 was the hottest year in the planet’s history. It is undeniable that climate change is generating more intense extreme events.

    A 2022 calculation by the Deloitte Economics Institute of the Deloitte Consultancy estimated that the global economy would lose $178 trillion in net present value by 2070 as a result of changing temperatures and the rising costs of dealing with global warming events. The rules for avoiding environmental risks have been strictly observed globally, especially by European Union countries.

    On February 26, 2024, the Brazilian government announced that it would offer exchange rate protection for foreign investments in sustainable projects in the country. The Banco Interamericano de Desenvolvimento (Inter-American Development Bank) – BID, will act as an intermediary in hiring an international bank that will offer foreign exchange insurance in Brazil, in a program called Eco Invests Brasil. The Banco Central (Central Bank) will liaise with investors in ecological projects in the country that benefit from the exchange rate hedge.

    Any corporate social responsibility projects, such as investments in education and health for underprivileged communities, can boost, for example, SDG 4, which deals with Quality Education, and SDG 3, which regulates Health and Well-being.

    Still, in the sphere of business ethics and corporate social responsibility, it is undeniable that ethical companies are committed not only to profit but also to having a positive impact on society and the environment. This responsible attitude promotes a positive image for the company, strengthening relationships with stakeholders and contributing to a fairer and more sustainable society.

    The case studies illustrate how compliance and good business practices, aligned with the principles of sustainable development, can generate tangible benefits for companies, families in general, and the environment. The lessons learned highlight the importance of organizational commitment, innovation, collaboration, and transparency in promoting a future based on more sustainable cooperation.

    4. Final Conclusions – Challenges and Opportunities

    The right to development, as established by the 1986 UN Declaration, together with the 2030 Agenda and its Sustainable Development Goals, establishes a global framework for promoting sustainable development.

    Compliance and good business practices are key to this effort, offering a solid basis for companies to contribute effectively and responsibly to a fairer, more prosperous, and sustainable future for all.

    The 1986 UN Declaration on the Right to Development set an innovative milestone by integrating human rights with development. In fact, by recognizing development as an inalienable human right that encompasses economic, social, cultural, and environmental aspects, the Declaration challenges the international community to adopt a holistic and inclusive approach to development.

    This approach not only promotes human well-being and dignity for all but also emphasizes the need for collective action, international cooperation, and shared responsibility in achieving sustainable development.

    The key word cooperation is gaining prominence, to the detriment of competition for competition’s sake, in the race to make a profit.

    Indeed, the 2030 Agenda and the 17 Sustainable Development Goals (SDGs) offer a comprehensive and integrated framework for achieving sustainable development in its many dimensions.

    Each SDG interacts with the others, reflecting the complexity and interdependence of global challenges and contributing to a fairer, safer, and more sustainable world for present and future generations.

    And complying with compliance and corporate governance rules, combined with good practices, is a fundamental tool in this scenario.

    Compliance is fundamental in the modern business context, not just as a legal compliance mechanism, but as a central element of corporate strategy that promotes ethics, integrity, and social responsibility. Associated with good business practices, compliance is essential for building sustainable companies capable of facing the challenges of the 21st century and contributing to a fairer and more sustainable future.

    The implementation of compliance programs and the adoption of good business practices are not without their challenges. These mainly include (i) the need for significant initial investments, (ii) resistance to cultural change within organizations, (iii) the complexity of regulations in different jurisdictions, and (iv) the difficulty of measuring the direct impact of sustainability actions on company results.

    Regarding the need for significant initial investments, these can include costs for hiring compliance specialists, developing management systems, training employees, and adapting existing infrastructures to meet environmental, social, and governance (ESG) standards. 

    To overcome this challenge, financial and technical support could be sought through government programs, partnerships with NGOs, or financial institutions that offer favorable conditions for sustainable investments. Implementation in phases is the most cost-effective.

    Similarly, regarding the resistance to cultural change, transparent communication about the long-term benefits of sustainable and compliance practices for the company is crucial. Training and capacity building programs can help raise awareness among direct and indirect employees.

    Regarding the challenges of operating in different jurisdictions and measuring any direct impact, it is possible to adopt sustainability metrics and impact reports to help visualize the benefits of these practices.

    And, once the challenges have been overcome, a range of opportunities for companies can be opened up simultaneously, including access to new markets and customers who value sustainability, improved brand reputation and trust, the attraction and retention of values-driven talent, and the possibility of innovation in sustainable products and services.

    As mentioned at the beginning of this study and set out in the preamble to the Declaration on the Right to Development 1986: “Considering that international peace and security are essential elements for the realization of the right to development,” it is important to reflect on whether countries are globally adhering to and complying with laws, regulations, standards and guidelines established by regulatory bodies and internal to an organization, as we are currently experiencing around 40 ongoing conflicts or wars in the world.

    • SHARE
    • TWEET
    • PIN
    Previous Next
    Close
    Test Caption
    Test Description goes like this