European Perspectives on the Business and Human Rights Treaty Initiative

Abstract

INTRODUCTION The European Union and the Council of Europe have, since their foundation, been committed to the rule of law, human rights and accountability. However, the approach of European states, within the European Union and the Council of Europe, to the Business and Human Rights Treaty Initiative has so far been cautious and conservative. For instance, the European Commission has advocated for ‘a smart mix of voluntary policy measures and, where necessary, complementary regulation, for example to promote transparency, create market incentives for responsible business conduct, and ensure corporate accountability’. Nonetheless, it appears that both the European Union and the Council of Europe clearly favour voluntary approaches to human rights and business, before binding regulation. This chapter will therefore present and analyse European approaches to business and human rights, and particularly the proposed UN Treaty on Business and Human Rights. It is divided into five sections. Section 2 first describes and analyses the European approach to the UN Guiding Principles on Business and Human Rights and to the Business and Human Rights Treaty Initiative. Section 3 examines initiatives of the Council of Europe in the business and human rights field, whereas Section 4 studies and analyses different approaches within the European Union, with both sections trying to draw out lessons concerning the understanding of current developments in Europe. Equipped with this knowledge, Section 5 considers and argues how to move forward with the possibility of adopting a holistic approach to business and human rights within and beyond the European Union and the Council of Europe. All in all, the conclusion raises the need for a victims-orientated approach to business and human rights in the European Union and argues that there exist strong legal and moral grounds for European support of the Business and Human Rights Treaty Initiative. THE UN GUIDING PRINCIPLES AND THE EUROPEAN STATES The UN Human Rights Council adopted the UN Guiding Principles on Business and Human Rights in June 2011 by ‘consensus’. They rest on three pillars: the protect, respect and remedy framework. First, states primarily have responsibility to protect individuals from corporate conduct that may result in corporate human rights violations. Second, the Guiding Principles on Business and Human Rights impose responsibilities to on corporations to respect human rights.