Mandatory Due Diligence Trends in Europe: Promises, Possibilities and Pitfalls

                                                                                                                                                                         Source: Rock Cohen, Flickr

Benjamin Grama

Tilburg University

B.J.Grama@tilburguniversity.edu

Lottie Lane

University of Groningen

c.l.lane@rug.nl

 

Following the endorsement of the UN Guiding Principles on Business and Human Rights (UNGPs), human rights due diligence (HRDD) was established as the preeminent standard by which companies approach adverse human rights impacts resulting from their activities. Until recently companies that carry out HRDD have done so voluntarily against the backdrop of non-legal, incentive-based initiatives which promote HRDD. Now, there is a growing push towards legal measures, at various levels, to make HRDD mandatory. Mandatory due diligence (mHRDD) refers to a legal mechanism which imposes a “legal standard of care” where businesses would be legally mandated to take reasonable action [due diligence] to prevent adverse impacts on human rights and the environment.

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Local remedies for the EU’s protracted migration policy crisis

Painting by the children of the 13th Primary School in Trikala (Greece), which won the 1st prize in the contest 'Opening hearts and minds to refugees' organised by UNESCO Associated Schools Network. Source: Municipality of Trikala

 

Tihomir Sabchev

Utrecht University/University College Roosevelt

t.y.sabchev@uu.nl

In the context of recent failures to protect refugees’ human rights, how can EU Member States develop a more effective approach to manage the consequences of forced migration?

In the very beginning of his book ‘The Global Migration Crisis: Challenge to States and Human Rights’, the political scientist Myron Weiner notes that “the number of people fleeing to escape violence or persecution, to find employment, or to improve their own lives and those of their family members is greater than it has ever been” (pp. 1-2). The author describes some of the major migration policy changes in Europe in light of the “recent massive influx of migrants and refugees from the east” (p. 47). More concretely, he argues that “with the rise of antimigrant right-wing parties […], European governments have virtually halted migration and made entry difficult for refugees from Third World countries” (p. 145).

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