ECCJ publishes legal brief on minimum provisions EU mandatory due diligence legislation should include
"EU Model Legislation on Corporate Responsibility to Respect Human Rights and the Environment - ECCJ Legal Brief", 26 February 2020
ECCJ has long been calling for EU legislation on mandatory Human Rights Due Diligence and corporate liability...
For ECCJ, an EU mandatory Human Rights Due Diligence (HRDD) regulatory framework should: ...
1) Apply to all undertakings, including financial institutions, domiciled in a Member State or placing products on or providings services in the internal market...
3) Require undertakings to take all necessary measures in the exercise of due diligence, to meaningfully consult stakeholders..., and to publicly report on these processes and their results...
5) Compel Member States to provide for penalties and sanctions...
6) Compel Member States to provide for civil liability of undertakings for harm arising out of human rights and environmental abuses caused or contributed to by controlled or economically dependend entities.
7) Compel Member States to provide for civil liability of undertakings for human rights and environmental abuses directly linked to their products, services or operations through a business relationship, unless they can prove they acted with due care and took all reasonable measures that could have prevented the harm.
8) Ensure a fair distribution of the burden of proof...