
International Bodies
Summary of developments:
- UN High Commissioner for Human Rights report on human rights due diligence (HRDD) and corporate liability calls for states to encourage meaningful human rights due diligence by companies (2018).
- UN Working Group on Business and Human Rights report to the General Assembly calls on states to adopt binding legislation to drive effective implementation of human rights due diligence by businesses (2018).
- UN Working Group on Business and Human Rights recommendations to the G20 recognise a trend of embedding HRDD into law (2017).
- UN Committee on Economic, Social and Cultural Rights, General Comment No. 24 calls for mandatory HRDD legislation and parent company liability at national level (2017).
- UN High Commissioner for Human Rights report on access to remedy calls for introducing HRDD into private law (2016).
- OECD evaluation report on implementing Conflict Minerals Guidance acknowledges the relevance of regulation, illustrating a trend towards recognising the need to embed corporate responsibility through HRDD (2016).
- UN Human Rights Council Resolution 26/9 establishes an Intergovernmental Working Group to elaborate a legally binding instrument on transnational corporations and other business enterprises with respect to human rights (2014).
- UN Committee on the Rights of the Child, General Comment No. 16 calls on states to adopt legislative and regulatory measures, including requiring companies to undertake due diligence (2013).
Last updated 16/10/2018
Policy developments
UN High Commissioner for Human Rights report on HRDD and corporate liability
The UN body mandated to promote and protect the full realisation of all rights established in international human rights law and the UN Charter issued a report in 2018 examining linkages between human rights due diligence (HRDD) and corporate liability. It clarifies that:
Resources♦ Full report to the HRC on “Improving accountability and access to remedy for victims of business-related human rights abuse: The relevance of human rights due diligence to determinations of corporate liability.” |
UN Working Group on Business and Human Rights report to General Assembly on HRDD
The body mandated by the UN Human Rights Council to promote the effective implementation of the UN Guiding Principles on Business and Human Rights issued a report to the seventy-third session of the General Assembly held in 2018. In it, they stress:
The report emphasises that "[l]aws help to set clear expectations for businesses," and cites recent legal developments as "contributing to the integration of corporate human rights due diligence expectations into national laws." Specifically:
Resources ♦ Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises ♦ Information on French Duty of vigilance law ♦ Information on Swiss Responsible Business Initiative and parliamentary counter-proposal |
UN Working Group on Business and Human Rights letter to G20 on HRDD in supply chains
The body mandated by the UN Human Rights Council to promote the effective implementation of the UN Guiding Principles on Business and Human Rights addressed a series of recommendations to the G20 ahead of its 2017 summit. They stressed that:
“This includes exercising human rights due diligence across value chains – and not merely at the first tier. (...) Some G20 governments recently have led the way by enacting legislation that aims to embed respect for human rights in supply chains. The 2015 UK Modern Slavery Act and the 2017 French “duty of vigilance” law are illustrative of this trend.” Resources♦ Full letter here. |
UN Committee on Economic, Social and Cultural Rights, General Comment No. 24 on Business and Human Rights
The UN body tasked with authoritative interpretation and monitoring the implementation of one of the two main global human right treaties stated in a General Comment on States Obligations in the context of business activities on June 2017:
Resources♦ Full text of the Comment here. |
UN High Commissioner for Human Rights report on access to remedy
The UN body mandated to promote and protect the full realisation of all rights established in the international human rights law and the UN Charter presented in 2016 its report on accountability and remedy for victims of business-related human rights abuses project, where it recommended that states:
The Guidance included as one of the key policy objectives to that end, that:
Resources♦ Final report to the HRC on "Improving accountability and access to remedy for victims of business-related human rights abuse." |
OECD evaluation report on implementing Conflict Minerals Guidance
The OECD stated in its report on the implementation of the Recommendation on Due Diligence Guidance for Responsible Supply Chains of Conflict Minerals published in April 2016, that: “Regulatory measures have had the largest impact in terms of promoting responsible sourcing of minerals among businesses. While voluntary standards have a role to play in promoting uptake, especially among the more progressive businesses, well-designed regulatory approaches have provided the strongest impetus for business to change how they operate.” Resources♦ Full document here. |
UN Intergovernmental Working Group to elaborate a legally binding instrument on business and human rights
On 26 June 2014, the UN Human Rights Council adopted its Resolution 26/9 on the Elaboration of an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights. The resolution created an Open-Ended Intergovernmental Working Group with the mandate to:
The Resolution also provided that:
Discussions during the first two sessions have tackled the need and avenues to make parent companies responsible for the impacts of their subsidiaries and business relations, including aspects such as duty of care or mandatory human rights due diligence. Resources♦ UN Human Rights Council Resolution. ♦ Business and Human Rights Resource Centre (BHRRC) Section on the Treaty. |
UN Committee on the Rights of the Child, General Comment No. 16
The UN body tasked with authoritative interpretation and monitoring the implementation of the Convention on the Rights of the Child issued in 2013 its General Comment No. 16 on states’ obligations regarding the impact of the business sector on children’s rights. The document identified the state duty to respect, protect, and fulfil children’s rights as including:
Resources♦ Full text of the Comment here. |