Due diligence – Page 2 – Human Rights Insights

Update to the EU draft Directive on mandatory human rights due diligence

On March 10, 2021, the European Parliament adopted a resolution submitting to the Commission and Council a draft Directive on corporate due diligence and corporate accountability.

While the draft Directive incorporates certain elements proposed in September by the Committee on Legal Affairs, others have been left out such as the constitution of criminal offense in case of intentional repeated infringements.

Keeping up with developments on human rights obligations for business

While the European Union is currently working on a Directive setting up mandatory human rights due diligence, worldwide, bills are being discussed to increase corporate accountability. The comparative table below provides an overview of key provisions of national legislation.

New EU Regulation imposing sanctions on companies involved in serious human rights violations worldwide

On December 7, 2020, the Council of the European Union adopted Regulation 2020/1998 concerning restrictive measures against serious human rights violations and abuses.

First draft on EU mandatory human rights due diligence out

See update on the EU Parliament draft Directive adopted on March 10, 2021.

On September 2020, the EU Parliament Committee on Legal Affairs published a draft report containing a text of proposed Directive on mandatory human rights due diligence and recommendations to the EU Commission.

According to an EU Commission study, currently, only 37% of business respondents conduct environmental and human rights due diligence and only 16% cover the entire supply chain.

Towards EU mandatory human rights and environmental due diligence for business

On April 29, 2020, Commissioner for Justice Didier Reynders announced that the European Commission will, in 2021, introduce a legislative initiative on due diligence for companies.

Investors’ call to enforce mandatory human rights due diligence

On April 21, 2020, a group of 101 international investors representing US$5 trillion in assets under management have, in a common statement, called on “all governments to develop, implement, and enforce mandatory human rights due diligence requirements for companies headquartered or operating within their own jurisdictions”.

Companies calling for EU regulation on due diligence on business and human rights !

On December 2, 2019, some of the world’s largest chocolate companies called the European Union (EU) to adopt a regulation placing a due diligence obligation on all companies importing cocoa or cocoa products on the European market.