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Filling the accountability gap: misleading conduct Law in Business and Human Rights

Filling the accountability gap: misleading conduct Law in Business and Human Rights

Hansen, Lee ORCID logoORCID: https://orcid.org/0000-0001-7078-0856 and Pillay, Renginee G. ORCID logoORCID: https://orcid.org/0000-0001-6849-0585 (2024) Filling the accountability gap: misleading conduct Law in Business and Human Rights. Human Rights Law Review, 24 (4):ngae022. ISSN 1461-7781 (Print), 1744-1021 (Online) (doi:10.1093/hrlr/ngae022)

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Abstract

This article examines the use of misleading conduct law to challenge false or deceptive business claims about their human rights practices and impacts. It does so in the context of recent developments in the field of business and human rights including the introduction of non-financial reporting, disclosure and human rights due diligence that have seen an increase in business communications about their human rights impacts. The article uses the Protect, Respect and Remedy framework of the United Nations Guiding Principles on Business and Human Rights to analyse the EU Directive on Unfair Commercial Practices (2005/29) and the Australian Consumer Law. Each prohibit misleading conduct by business. The article argues that, to differing extents, these legislations partially address the accountability gap that has emerged in the context of corporate human rights claims and practices.

Item Type: Article
Uncontrolled Keywords: business and human rights, corporate social responsibility, consumer law, EU law, Australian law, misleading conduct
Subjects: H Social Sciences > H Social Sciences (General)
K Law > K Law (General)
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 18 Oct 2024 09:57
URI: http://gala.gre.ac.uk/id/eprint/48323

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