EU – Human Rights Insights

Comparison between proposals on human rights due diligence Directive, including Parliament amendments

On June 1, 2023, the European Parliament adopted amendments to the European Commission’s Directive on human rights and environmental due diligence proposal submitted in February 2022. These amendments strengthen the alignment of the Directive with the UN Guiding Principles on Business and Human Rights.

Comparison between EU Council and Commission proposals on human rights due diligence Directive

For updates on the Parliament’s amendments (June 2023) to the Commission’s proposal.

On November 30, 2022, the European Council released its proposal for a Directive on human rights and environmental due diligence based on the proposal submitted in February by the European Commission. While providing clarifications on important elements such as prioritisation of impacts, the Council’s draft misses the opportunity to set ambitious due diligence as it removes several key aspects such as directors’ duty of care.

EU import ban: ‘Human rights are not for sale’ says von der Leyen

On September 15, 2021, the European Commission President Ursula von der Leyen in her annual State of the European Union speech announced that the European Commission will propose a ban on products made with forced labour, stating that “There are 25 million people out there, who are threatened or coerced into forced labour. We can never accept that they are forced to make product and that these products then end up for sale in shops here in Europe”.

How can Brexit prevent victims of corporate human rights abuses from accessing justice?

On May 4, 2021, the European Commission expressed its opposition to UK’s accession to the Lugano Convention, treaty to which the UK was until recently a party via its EU membership. NGOs, academics and experts strongly criticise the Commission’s stance as prohibiting the UK to re-join the convention may have adverse consequences for victims of corporate human rights abuses seeking justice in the UK.

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.

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.