Momentum continues to build globally for new mandatory human rights due diligence legislation (mHRDD)—most recently in the EU, Germany and Switzerland, among other countries. In this context, the UN Office of the High Commissioner for Human Rights (OHCHR) released a briefing paper outlining key considerations for policymakers in the EU and elsewhere to devise mHRDD regimes that are effective and fair.
Many of these considerations echo the recommendations made to the European Parliament’s Subcommittee on Human Rights in two briefing papers released in June, underscoring that policymakers are increasingly aligned on and committed to realising mHRDD legislation in the near term.
We highlight a few points below that are particularly relevant for companies:
Scope, substance and enforcement:
“In developing mHRDD regimes, decisions need to be made about:
Policy coherence and potential for inconsistencies:
“In order to ensure ‘policy coherence’ with respect to mHRDD, policy-makers and legislators will need a thorough understanding of the ‘regulatory ecosystem’ in which the mHRDD regime sits. Policymakers and legislators should conduct a thorough review of surrounding legislation and policy initiatives in order to identify the amendments or adjustments that may be needed to ensure:
that the regime is able to take full advantage of any opportunities that may be presented by regulation in other areas (e.g. in the form of leverage or incentives to enhance the commercial or reputational drivers for carrying out human rights due diligence activities to a high standard).”
UN Office of the High Commissioner for Human Rights, Mandatory Human Rights Due Diligence Regimes: Some Key Considerations (June 2020)