- Business and human rights legislation and the enforcement question—a report by Kingsley Napley LLP and Dr Rachel Chambers
- A proposed UK HRDD law
Public Law analysis: Globally, a trend is taking shape towards legislation that asks more from businesses than the reporting obligations of the Modern Slavery Act 2015, in the area of business and human rights. The EU is consulting currently around the contours of a proposed mandatory due diligence human rights law to be enacted in 2021. These proposals are similar to the kinds that were passed in France in 2017 and only very narrowly defeated in a 2020 Swiss referendum. Calls for the UK to follow suit are mounting, and will in due course be difficult to ignore, given the global direction of travel in business and human rights regulation. How could a compulsory UK human rights due diligence (HRDD) law improve the enforcement and legal landscape for victims of cross-border human rights abuses? And what support and powers would a regulator need to be effective? These questions were asked by a group of inspirational UK civil society organisations—led by the Traidcraft Exchange in 2020. They commissioned research on the topic, conducted during the summer 2020 by Dr Rachel Chambers, at the Human Rights Institute, University of Connecticut, and Katherine Tyler and Sophie Kemp, partners at Kingsley Napley LLP. In this article, Nick De Mulder, associate at Kingsley Napley LLP, summarises the key findings of the paper.
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