Human Rights Due Diligence Legislation - Options for the EU
The European Parliament (EP) has repeatedly underlined the need for stronger European requirements for companies to prevent human rights abuses and environmental harm and to provide access to remedies for victims... In this context, the EP Human Rights Subcommittee (DROI) requested two briefings on specific human rights related issues it should consider while preparing its position...
The first briefing in this compilation addresses substantive elements ... [of] a future EU regulation...
It is recommended that a potential EU HRDD legislation should comprise all human rights and cover all types of violations... The legislation should cover all companies independently of their size and take a non-sector specific approach. Furthermore, the legislation should not apply solely to the company’s own activities, but also to its business relations including the value chain. Finally, the legislation should adopt a substantive due diligence model...
This briefing explores options for monitoring and enforcement of European Union (EU) human rights due diligence legislation, and how such legislation should contribute to access to justice and remedy for victims... The briefing recommends that such legislation should require effective monitoring via company-level obligations, national and EU-level measures... [T]he law should inter alia require MS [Member States] to determine appropriate penalties for non-compliance and to establish enforcement rights for interested parties. Finally, on remedy, the law should, besides requiring companies to establish complaint mechanisms, provide for national and EU measures, including requirements that MS ensure effective means of remedy and redress for victims and establish or identify bodies to investigate abuses, initiate enforcement and support victims.