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13 Jul 2020

Office of the United Nations High Commissioner for Human Rights

Mandatory Human Rights Due Diligence Regimes: Some Key Considerations

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June 2020

8. [A]ll actors [...] need to be clear about the different design options available and the trade-offs between different choices, and be prepared to analyse each of these options carefully in light of the specific underlying policy goals...

10. [P]olicy-makers and legislators will need to consult widely with affected stakeholders on the different design choices that may be available, and their advantages and disadvantages [...],communicating clearly the trade-offs that may exist as regards different design choices.

11. In order to ensure “policy coherence” with respect to mHRDD, policy-makers and legislators will need a thorough understanding of the “regulatory ecosystem” in which the mHRDD regime sits. Policy- makers and legislators should conduct a thorough review of surrounding legislation and policy initiatives...

13. Given that mHRDD obligations are highly likely to extend to cover subsidiaries and suppliers in other, non- EU jurisdictions,EU policy-makers and legislators should be mindful of the strong possibilities for overlaps and inconsistencies between EU mHRDD requirements and the laws and policies of non-EU jurisdictions. Thus, extensive consultation with non-EU stakeholders [...] will be necessary.

14. Policy-makers and legislators should also give attention to the various ways in which implementation of mHRDD may be supported by education, technical assistance and capacity building activities...