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Fashion Law –
You will be asked to identify a significant question relevant to this course, concerning fashion/fashion media ethics, examine the question from all angles and determine the best solution or course of action. This paper will be due the last day of class. You may use the question you presented in your case study presentation. A more extensive rubric will be provided.
The question is, “Which big companies use Forced and Trafficked Labor or Child Labor, and why?”
I want you to find out mostly about H&M and see which they use more of and run with that.
I sent my teacher a project proposal, which I have attached and she stated the following so please read it and really go with those guidelines:
Teacher said, “One point that seems key: Be sure you’re using reliable sources re: H&M using child/forced labor. That’s a very serious charge. Also, child labor is not the same thing as trafficked or forced labor. IN some countries, child labor is very likely legal . . . be sure to look into that. Be careful about those distinctions. But the child labor issue would be a very interesting ethical case study. If it were legal in the countries where clothes are being produced but not in the countries where they are being sold, which laws should the brand/company follow? Technically, the brand (H&M) is contracting with manufacturers who are only obligated to adhere to the laws in their own country. But ethically, H&M, you could argue, should consider a different approach, especially since many of their customers might find child labor objectionable.” ****Incorporate all of this****
Wanted to add the presentation that I did in regards to the broader subject “Forced and Trafficked Labor.” Some of these points can be used if you feel they are relative to what you write about, but be sure to dive deeper into the subject and focus on a specific case study, such as one specific business that still uses this system.
Fashion, Media & Ethics
Case study project rubric
Your case study project may be presented as a research paper, or in digital form (way
using WordPress). In either case, the body of the piece should be between 2500 and
3000 words and should include a list of sources, using a consistent format (MLA, APA).
If presented as a paper, it should be double-spaced, in 12-point type. You’re
encouraged to incorporate images, if possible. You have more leeway with presentation
if you go with a digital format. Your project should follow each step below:
*Focus on a problem in the fashion and/or fashion media industries with ethical and/or legal
implications (much like you did for your case study presentations). The issue/topic should be
narrow enough that you’re able to frame it in a statement or two. At the same time, it must
be broad enough to produce the media coverage and industry attention that will allow you to
shape a layered, multidimensional analysis.
*Clearly summarize the key elements/talking points of your topic/issue. What background
will we need to know to understand this issue? Be thorough, complete and organized. As
much as possible, use original sources for this information: government data bases, annual
reports, studies and surveys, etc. You should also interview between two and five
individuals who have expertise in your topic/subject. Ideally, these experts would represent
different “stakeholder” groups – retailers, fashion designers, activists, attorneys who in
fashion law, economists or scholars with international inter-national trade/regulations,
fashion influencers, fashion journalists/editors, marketing and/or PR executives with
specialize beauty/fashion clients. The list goes on and on. You want experts who can speak
to the different “sides” of the issue you’re studying.
*Describe and analyze the way this issue is presented in the media. Find content in the
mainstream/trade/fashion press, social media, etc., that you can incorporate into your final
paper to support your points. The questions you should answer in this part of the analysis
include: How is the issue framed for the public? What are the different “sides” to the issue
and how are they presented? Be sure to approach this with an open mind; be willing to
examine a wide range of news sources – including those that you don’t ordinarily read/watch
– so you can incorporate an array of perspectives.
*Identify what experts and others in the industry, other stakeholders, are proposing as
potential solutions to this problem. Explicate these proposals in detail, then analyze them,
examining the pros and cons of each. As part of this analysis, please discuss whether, in your
opinion, each approach is ethically sound. Be sure to support your analysis (yes, using the
CSR pyramid and ethical approaches discussed in class). You do not need to “chose” one
option over the others – but you should discuss all the ideas being considered, who/which
groups (stakeholders) is supporting which, and then, as noted above, discuss the ethical
soundness of each. Be sure to explain, in each instance, WHY a particular legal or ethical
approach works to mitigate damage, or WHY the CSR pyramid can help stakeholders
proceed in an ethical manner.
Forced and Trafficked Labor
For the final case study project, I want to focus more on my original
presentation which focused on forced and trafficked labor.
I think that I didn’t dive deep enough in my presentation as what was
needed so I want to do that for this paper. I will be picking a specific
case study of a company that still uses forced labor today. That
company will be H&M. I want to research deep into the company and
find out what is still causing them to do this and how it impacts the
families and kids in these countries, as well as the profits they make
off of doing it.
I will also be incorporating the CSR pyramid more deeply and talking
about each section and how it is involved here. I will also be using the
information that I did talk about in my presentation and summary, but
also be focusing on just this one company so that it is more
summarized in a way.
CSR Pyramid: How I understand this is as following • Economic Responsibilities: at the bottom of the pyramid.
don’t exactly know what it means, but maybe that the
company will be profitable, and this is the foundation upon
which all the others rest.
**Required
• Legal Responsibilities: this is the bottom middle of the
pyramid. This is the section that basically means you need to
obey the law. It is societies categorize right and wrong.
**Required
• Ethical Responsibilities: top middle of the pyramid. Section
that states companies need to be ethical in what they do. It is
the obligation to do what is right and fair and to avoid harm in
any shape or form.
**Expected
• Philanthropic Responsibilities: top of the pyramid.
Expected to be a good corporate citizen. This isn’t always
used in every company though.
**Desired
I am going to be reaching out to influencers that might model for their
clothing and see if they know that H&M uses child labor to make their
clothing and if they do, why they support it, and if not how that makes
them feel. I also want to reach out to fashion lawyers and gather a
more understanding on how this effects the world and why it is still
okay for the company to do this. Understand why it hasn’t been shut
down.
*** On the rubric on canvas it states that this can either be done as a
paper or a presentation, ask If that is still possible and if you can do a
presentation. If so, how many slides does she want and how does she
exactly want it done so that it is enough for a good grade?
2
FORCED AND TRAFFICKED LABOR
By: Brooke Blair
WHAT IS FORCED AND TRAFFICKED
LABOR?
•
3rd largest criminal industry in the world
•
$41 Billion dollar Industry
•
The International Labour Organization identifies forced labor as
“work that is performed involuntarily and under the menace of
any penalty.”
•
In many developing countries, workers are brought into
garment factory jobs under false promises of fair wages, then
end up working under the definition of forced labor. The ILO
also estimates that there are 170 million children engaged in
child labor, many of whom are working in textile factories.
THE ISSUE
•
It affects individuals and families:
Forced to work long hours with no rest
• Not being able to take days off even when ill
• Violence is used as a coercion tactic
• Often uses migrants because they do not know the local
language and have limited options
•
“THE WORST PART WAS THAT THERE WAS NO REST. I
SLEPT FOR TWO HOURS A NIGHT. THERE WAS NO GOING
OUT AND NO DAYS OFF. WHEN THE BOSSES WERE OUT,
THE HOUSE WAS LOCKED.
I SOON LEARNED THAT IF WE REFUSED TO WORK, THE
POLICE WOULD BE BROUGHT IN TO MAKE US
WORK. ONCE I WAS SLAPPED ROUND THE FACE FOR NOT
IRONING MY EMPLOYER’S SCARF PROPERLY.”
LEHMEIRE, MAURITANIAN DOMESTIC WORKER IN
SAUDI ARABIA
-HTTPS://WWW.ANTISLAVERY.ORG/SLAVERY-TODAY/FORCED-LABOUR/
“FAST FASHION HAS ENGENDERED A RACE TO
THE BOTTOM, PUSHING COMPANIES TO FIND
EVER-CHEAPER SOURCES OF LABOUR,” SAYS A
UNICEF REPORT. “THAT CHEAP LABOUR IS FREELY
AVAILABLE IN MANY OF THE COUNTRIES WHERE
TEXTILE AND GARMENT PRODUCTION TAKES
PLACE.”
•
As an example, 93% of Australian brands do
not know where their cotton is sourced
•
-HTTPS://GOODONYOU.ECO/CHILD-LABOUR/
HOW CAN WE BE SURE WE ARE NOT
PARTAKING IN FORCED LABOR
PRODUCTS?
•
•
•
Download the U.S.
Department of Labor
Comply Chain App
Cotton – Argentina,
Azerbaijan, Brazil, Egypt,
India, Kyrgyz Republic, Mali,
Turkey, Zambia Pakistan,
Uzbekistan Benin, Burkina
Faso, China, Kazakhstan,
Tajikistan, Turkmenistan
According to 2018 TVPRA
Report
•
Cotton is the second most
forced product in the world
•
You can refer to
the Trafficking and Violence
Protection Act to be sure
that the countries that
produce products are not
using forced labor
•
BELARUS
CHINA
COLOMBIA
EGYPT
GUATEMALA
PAKISTAN
QATAR
SAUDI ARABIA
SWAZILAND
UAE
MOST OF THE AFORE MENTIONED
COUNTRIES HAVE FEW IF ANY LABOR LAWS
•
THERE ARE GLOBAL INITIATIVES FROM COUNTRIES ALL OVER THE
WORLD TO ENSURE WORKERS HAVE RIGHTS IN EVERY COUNTRY.
•
THE International Labour Organization IS ONE SUCH INITIATIVE.
THE ETHICS
“Play is the work of the child.”
— Maria Montessori
•
Not allowing children to be children puts them on a
path to be stuck in a forced labor cycle that could
last for generations
•
These families cannot afford necessities, or the
education required to break the cycle
QUESTIONS TO LEAVE YOU WITH
oDo
you care enough to research
companies before purchasing from
them?
oWhat
ideas could you come up with to
reduce or prevent forced labor?
oDo
you think enough steps are being
taken to prevent or reduce forced labor?
SOURCES:
•
https://humantraffickinghotline.org/type-trafficking/labortrafficking
•
https://knowtheorigin.com/blogs/ktotalks/human-traffickingfashion
•
https://www.dressember.org/blog/how-does-ethical-fashionplay-into-human-trafficking
•
The #ChildLabor Photographs @Gymboree Doesn't Want You to See http://chn.ge/8XHsU3 #forcedlabor #cotton #Uzbekistan #humanrights
— Human Trafficking (@changeSlavery) October 27, 2010
