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.

More...