Corporate liability – Human Rights Insights

Yves Rocher found liable under the French Duty of Vigilance Law over retaliation against unionised workers in Turkey

On 12 March 2026, the Paris civil court found the French beauty brand Yves Rocher liable for failing in its duty of vigilance regarding its activities in Turkey, specifically anti-unionisation practices. Following a membership campaign launched in January 2018 by the Petrol-Is trade union among the workers of Yves Rocher’s Turkish subsidiary, which led to the recognition of the union representativeness within the subsidiary (157 workers out of 379), in May 2018, a major wave of dismissals was carried out, with 132 employees fired; a retaliation against unionised workers.

In this unprecedent ruling, the court confirmed that the Duty of Vigilance Law applies to the activities of French companies’ subsidiaries operating abroad and ordered the company to compensate some employees. However, due to a restrictive interpretation of an agreement reached between the Turkish subsidiary and employees by the court, most plaintiffs’ claim for compensation was considered inadmissible, highly limiting Yves Rocher’s accountability and access to remedy for claimants.

Alien Tort Statute and Cisco case: Court of Appeal allows proceedings to continue

On July 7, 2023, the US Court of Appeals for the Ninth Circuit ruled that proceedings against Cisco System under the Alien Tort Statute (ATS) can proceed. In this decade long trial, practitioners of Falun Gong – a Chinese religious movement – alleged that they or family members were victims of human rights abuses including torture, arbitrary detention, forced labour, extrajudicial killing and forced disappearance committed by the Chinese Communist Party and Chinese government officials. According to the claimants, the alleged abuses were enabled by technological assistance of Cisco System, a US company which designed, implemented and helped to maintain a surveillance and internal security network (the Golden Shield system) for Chinese officials, greatly enhancing their capacity to identify Falun Gong practitioners and persecute them. In 2011, claimants sued Cisco for aiding and abetting Chinese officials in violation of the ATS.

Proceedings against Shell for oil spills in Nigeria can go on says the UK Supreme Court

Hard times for Shell. On 12 February 2021, two weeks after the Court of Appeal of The Hague found Shell subsidiary and parent company liable for oil spills in Nigeria in a landmark ruling, the UK Supreme Court, in a much awaited ruling, confirmed that proceedings against the parent company could continue before UK courts for similar issues raised by Nigerian farming and fishing communities, as real issues were to be tried.

Landmark ruling: Shell subsidiary and parent company found liable for oil spills in Nigeria

On January 29, 2021, the Court of Appeals of The Hague found in two judgements (cases A and B and cases C and D in Dutch) Shell Nigeria (SPDC) and its parent company Royal Dutch Shell (RDS) responsible for oil spills in the Niger Delta in Nigeria.

Trump administration against corporate liability for human rights violations under Alien Tort Statute

On May 26, 2020, the Trump administration filed a brief amicus curiae in the Cargill Inc. v John Doe case, urging the Supreme Court to hold that domestic corporations cannot be liable for human rights violations under the Alien Tort Statute (ATS).

In this case, former child slaves who were forced to work on cocoa farms in the Ivory Coast claim that Nestle US and Cargill aided and abetted slave labour by providing financial support and technical farming aid to famers, subjecting defendants to suit under the ATS.