'Mandatory human rights due diligence laws: Key design features and practical considerations’ September 2025

The global trend for mandatory human rights due diligence laws (MHRDD laws) is driving more States to consider whether to develop their own versions. This briefing note outlines key design features to be considered when developing a MHRDD law. It provides a high-level comparison of select MHRDD laws. It also details practical considerations to be aware of in a MHRDD development process. The UN Guiding Principles on Business and Human Rights (UNGPs) detail that the State has an obligation to ensure an effective policy and regulatory environment to ensure business respect for human rights. The UNGPs indicate that States should consider a smart mix of measures – national and international, mandatory and voluntary – to foster business respect for human rights. Although not explicitly required by the UNGPs or other human rights instruments, mandatory human rights due diligence laws (MHRDD laws) have a significant potential role to play as one component of a state’s business and human rights regulatory framework and smart mix of measures.

Developing MHRDD laws requires further defining and elaborating provisions in the UNGPs, which can be done through many different approaches which are explored in this briefing note.

• Chapter 2 explores different legislative approaches to due diligence.
• Chapter 3 introduces key design features of a MHRDD law, highlights relevant UNGPs text, and provides examples of MHRDD that have been designed in practice.
• Chapter 4 provides an overview of the legislative approaches in France, Germany, Norway, Switzerland and the EU.
• Annex 1 provides a table overview of the key design features of 5 legislative approaches.

By presenting different legislative approaches, key design features, and examples from select jurisdictions, the objective of this briefing note is to provide insights for policy-makers involved in the development of such laws, with a view to contributing to the development of MHRDD legislation that is aligned with international business and human rights frameworks, while at the same time responsive to local context and focused on driving responsible business conduct and generating accountability for rights-holders adversely impacted by business activities in a specific national jurisdiction