Strict Liability and Human Rights Due Diligence - too little too early?

Hogan Lovells, Lexology


It was a pleasure to speak in Geneva earlier this month at a consultation hosted by the United Nations Office of the High Commissioner for Human Rights (“OHCHR“) on the scope for making businesses strictly liable for human rights abuses, and the role, if any, for human rights due diligence in that context.

The consultations were requested by the UN Human Rights Council following the publication of the important first report of the OHCHR’s Accountability and Remedy Project (“ARP“).

The ARP was launched by the OHCHR in 2014 to enhance the third pillar of the UN Guiding Principles on Business and Human Rights (the “UNGPs“), access to remedy. Its first report – ARP I – was presented to the Human Rights Council in June 2016. Like the UNGPs, ARP I concluded that effective judicial mechanisms are at the heart of access to remedy. The project’s second phase – ARP II – is currently in progress and focuses on non-judicial mechanisms.

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