scholarly journals Mandatory Human Rights Due Diligence in Germany and Norway: Stepping, or Striding, in the Same Direction?

2021 ◽  
pp. 1-9
Author(s):  
Markus KRAJEWSKI ◽  
Kristel TONSTAD ◽  
Franziska WOHLTMANN
Keyword(s):  
European Union ◽  
Human Rights ◽  
Supply Chain ◽  
German Law ◽  
International Standards ◽  
Due Diligence ◽  
The European Union ◽  
Decent Work ◽  
Dutch Child ◽  
Human Rights Due Diligence

Germany and Norway are the two latest states to adopt laws mandating human rights due diligence by companies. Germany adopted a Law on Supply Chain Due Diligence (German Law) on 10 June 2021. 1 The same day, the Norwegian parliament passed a Transparency Act (Norwegian Act) requiring human rights and decent work due diligence. 2 Like the French Loi de Vigilance and the Dutch Child Labour Due Diligence Law, these laws provide further momentum for mandatory measures to promote corporate respect for human rights, including future regulations in the European Union (EU). While the aims are similar, the German and Norwegian laws contain certain important differences when it comes to the substance and scope of the due diligence requirement. In this context, adherence to international standards remains the way forward to ensure compliance with divergent requirements in different jurisdictions.

Establishing a Corporate Responsibility Ombudsman: Enhancing remedy through state-based non-judicial mechanisms?

2021 ◽  
Vol 28 (1) ◽  
pp. 102-122
Author(s):  
Juho Saloranta
Keyword(s):  
European Union ◽  
Human Rights ◽  
Corporate Responsibility ◽  
Decision Makers ◽  
Sufficient Evidence ◽  
Export Credit ◽  
Due Diligence ◽  
The European Union ◽  
Credit Financing ◽  
Human Rights Due Diligence

This article assesses the efficiency of non-judicial grievance mechanisms in providing victims of corporate human rights violations with improved access to remedy. As no such mechanism is currently available, this article formulates a proposal for a new mechanism in the form of a corporate responsibility ombudsman, which would offer a great deal of flexibility as well as being an inexpensive, expeditious and informal manner of dealing with such issues. The article argues in favour of utilizing states’ regulatory arsenal to improve victims’ access to remedy extraterritorially. Based on recent international developments, I elaborate approaches to human rights due diligence regulation and export credit financing by means of two corporate responsibility ombudsman proposals. In relation to these proposals, I divide the effectiveness criteria of Principle 31 of the United Nations Guiding Principles into three main categories: empowerment, investigation and enforcement. Since obtaining sufficient evidence is of paramount to those seeking remedies for violations of corporate responsibility, states should bestow quasi-judicial powers on corporate responsibility ombudsmen to achieve efficiency, which could also create legitimacy. This article provides decision-makers and scholars with insights into how access to remedy could be synchronized with the momentum of human rights due diligence legislation in the European Union and beyond.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

Relevant Issues of Property Rights Protection in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1137
Author(s):  
Liubov M. DOLGOPOLOVA ◽  
Marina V. US ◽  
Sergiy O. GLOTOV
Keyword(s):  
European Union ◽  
Human Rights ◽  
Property Rights ◽  
Legal Protection ◽  
The State ◽  
Economic Feasibility ◽  
International Standards ◽  
The European Union ◽  
Rights Protection ◽  
Property Rights Protection

The issue of protecting property rights today is one of the most important, and depends both on the state and in on the owners of these rights. Despite the fact that Ukraine strives to join the European Union, its legal system is still far from international standards. For example, if the owner of property does not possess at least initial knowledge in the field of protecting his rights, then his property may be at risk, problems may emerge not only from authorities, but also from other owners, entrepreneurs or legal entities. Another issue that should be noted is intellectual property, the concept and regulation of which is necessary for the successful development of the state and its investment attractiveness. The main goal of this paper is to analyze the status of the issue of property rights protection in Ukraine and create a development strategy that can be an important component of a national security strategy. In the paper, along with questions of legislative support of citizens` property rights, considered legislative methods of increasing the potential of enterprises and the level of social protection of the population. Based on the experience of protecting property rights in the European Union, it is shown that the basis for legal protection should be economic feasibility, and not the political situation of the executive and legislative branches. As a result, measures were developed with the help of which the legislative framework and human rights activities should be improved to the level of the EU countries, where special attention is paid to human rights, and, therefore, the property.

Trafficking in Human Beings for the Purpose of Labour Exploitation

2016 ◽  
Vol 34 (4) ◽  
pp. 318-339 ◽  
Author(s):  
Julia Planitzer
Keyword(s):  
European Union ◽  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
The European Union ◽  
Human Beings ◽  
The United Kingdom ◽  
Labour Exploitation ◽  
Modern Slavery ◽  
Trafficking In Human Beings

This article gives an overview of current legal initiatives for enhanced transparency regulations for corporations and the actions they take against trafficking in human beings (THB). The California Transparency in Supply Chains Act (CTSCA) has an influence on legal initiatives in Europe, in particular in the United Kingdom. The UK's Modern Slavery Act includes the obligation for corporations to report on actions taken against THB and slavery. In addition, at the European Union level, measures to enhance obligatory reporting on non-fnancial matters, such as human rights matters, are to be implemented in national legislation in the next years. This article compares the California Transparency in Supply Chains Act with the UK's Modern Slavery Act. In order to decrease exploitation along the supply chain, the article concludes that legislation should not only require obligatory reporting but also oblige corporations to implement measures to prevent THB related to their activities.

scholarly journals REALIZATION OF LAW PROTECTION OF HUMAN RIGHTS CONDITION FOR STATE AND CITIZEN SAFETY

2017 ◽  
Vol 3 (1-2) ◽  
Author(s):  
Tatjana Gerginova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
International Standards ◽  
European Convention ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Freedoms ◽  
Lasting Peace ◽  
Protection Of Human Rights

Security system of each country constitute the internationallegal documents and acts as well as national security that allow system isorganized as a part of the state apparatus, which system will to enable tomake possible the safety and independence of other states, as well as thelaw protection of basic human rights and freedoms. International documentsfor protection of human rights and fundamental freedoms, as well as legalacts of any national state determines the universal significance of humanrights and freedoms, whose observance is an important factor of peace,justice and security necessary to ensure the development of friendly relationsand cooperation among states, but also a precondition for progress on theestablishment of lasting peace, security, justice and cooperation in Europe. Fullrespect for human rights and fundamental freedoms and the development ofsocieties based on pluralistic democracy and the rule of law are prerequisitesfor progress in ensuring lasting peace, security, justice and cooperation inEurope. The Treaty establishing the European Union, signed in Maastricht in1992 stipulates that respect for human rights is one of the main prerequisitesfor membership in the European Union and the guarantees of human rightsestablished and guaranteed by the European Convention on Human Rights,are respected by Union as general principles of Union law. One of the mainobjectives of the common foreign and security policy of the Member States ofthe European Union is the development of democracy and the rule of law andrespect for human rights and fundamental freedoms. Republic of Macedoniain the processes of democratization incorporate the recommendations of theCouncil of Europe and other international institutions in finding appropriateeffective mechanisms by which holders of public authority will exerciseits powers with respect for and protection of human rights. Respect andprotection of human rights legislation in line with international standards inthis area, should be a primary task of each authority responsible for enforcingthe law.

scholarly journals Public Procurement as a Tool for the Protection and Promotion of Human Rights: a Study of Collaboration, Due Diligence and Leverage in the Electronics Industry

2018 ◽  
Vol 3 (1) ◽  
pp. 75-95 ◽  
Author(s):  
Olga MARTIN-ORTEGA
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Working Conditions ◽  
Public Procurement ◽  
Electronics Industry ◽  
Global Supply Chains ◽  
Due Diligence ◽  
Economic Actor ◽  
Human Rights Due Diligence

AbstractThis article explores the innovative use of public procurement as a tool to respect, protect and promote human rights by capitalizing on the significant leverage that public buyers have over corporate practices in their supply chain. It provides an analysis of Electronics Watch, an organization that focuses on the role of states’ own procurement practices as central to the state duty to protect the human rights of those who are affected by its activities as an economic actor. Through the assessment of the Electronics Watch model this article argues that by bringing together the economic leverage of public buyers and corporate human rights due diligence, one can create transformative tools for the improvement of working conditions in global supply chains.

scholarly journals Human Rights Due Diligence Policies Applied to Extraterritorial Cooperation to Prevent “Irregular” Migration: European Union and United Kingdom Support to Libya

2020 ◽  
Vol 21 (3) ◽  
pp. 459-486
Author(s):  
Carla Ferstman
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Kingdom ◽  
International Organizations ◽  
Human Rights Violations ◽  
Due Diligence ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
Human Rights Due Diligence ◽  
Take All

AbstractExtraterritorial cooperation—including by providing funds, equipment, training, and technical support—has become central to policies aimed at preventing access of refugees and “irregular” migrants to particular countries and regions. But cooperating countries and international organizations have due diligence obligations under human rights law to take all reasonable steps to ensure that the cooperation they provide does not result in human rights violations, even when the violations are perpetrated extraterritorially by third parties. Consequently, they can become liable for the failure to exercise due diligence to prevent human rights violations from occurring in the receiving states. Also, they may incur responsibility for the resulting acts where they knowingly aided or assisted the receiving state to commit human rights violations with the support provided.International organizations and some states have begun to adopt human rights due diligence policies to assess and mitigate the risks of such cooperation. Using the examples of European Union and United Kingdom support to Libya, this Article analyzes the due diligence policies they have applied to extraterritorial cooperation in the area of border control and the detention of refugees and other migrants. It finds that the policies as implemented have provided only superficial scrutiny and argues that they should be made more robust and transparent. Ultimately, this will help mitigate the human rights risks associated with extraterritorial assistance, and ideally help ensure that assistance contributes to the strengthening of human rights protections in recipient countries.

Les héritages chrétiens: quel avenir?

Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 175-190
Author(s):  
Bernard Bourdin
Keyword(s):  
European Union ◽  
Human Rights ◽  
Middle Ages ◽  
Critical Analysis ◽  
Religious Affiliation ◽  
The European Union ◽  
Modern Times ◽  
The Past ◽  
Religious Significance ◽  
Politics And Religion

The legacy from Christianity unquestionably lies at the root of Europe, even if not exclusively. It has taken many aspects from the Middle Ages to modern times. If the Christian heritage is diversely understood and accepted within the European Union, the reason is essentially due to its political and religious significance. However, its impact in politics and religion has often been far from negative, if we will consider what secular societies have derived from Christianity: human rights, for example, and a religious affiliation which has been part and parcel of national identity. The Christian legacy has to be acknowledged through a critical analysis which does not deny the truth of the past but should support a European project built around common values.

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