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EU Human Rights Due Diligence Legislation: Monitoring, Enforcement and Access to Justice for Victims

EU Human Rights Due Diligence Legislation: Monitoring, Enforcement and Access to Justice for Victims

Methven O'Brien, Claire and Martin-Ortega, Olga ORCID: 0000-0002-1779-0120 (2020) EU Human Rights Due Diligence Legislation: Monitoring, Enforcement and Access to Justice for Victims. DROI- European Parliament, Brussels. (doi:https://doi.org/10.2861/61044)

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Abstract

This briefing explores options for monitoring and enforcement of European Union (EU) human rights due diligence legislation, and how such legislation should contribute to access to justice and remedy for victims of human rights abuses linked to the operations of businesses inside or operating from Member States (MS). The briefing reviews existing due diligence and disclosure schemes and considers the feasibility of specific options for monitoring, enforcement and access to remedy within a future EU due diligence law. The briefing recommends that such legislation should require effective monitoring via company-level obligations, national and EU-level measures, including repositories of due diligence reports, lists of companies required to report, information request procedures, monitoring bodies and delegated legislation or guidance further elaborating on due diligence under the law. Regarding enforcement, the law should inter alia require MS to determine appropriate penalties for non-compliance and to establish enforcement rights for interested parties. Finally, on remedy, the law should, besides requiring companies to establish complaint mechanisms, provide for national and EU measures, including requirements that MS ensure effective means of remedy and redress for victims and establish or identify bodies to investigate abuses, initiate enforcement and support victims.

Item Type: Other
Additional Information: This briefing was commissioned by the European Parliament in 2020.
Uncontrolled Keywords: human rights due diligence, supply chain, business and human rights, disclosure, transparency, European Parliament, European Union
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > Business, Human Rights and the Environment Research Group (BHRE)
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 10 Jul 2020 23:16
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/28793

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