Human Rights and Environmental Due Diligence

Abstract

AbstractThis chapter looks at the concept of human rights and environmental due diligence and at its possible translation into a legally binding requirement at the national level and at the European Union (EU) level. After presenting its general definition, the chapter deals with the environmental and climate change dimensions of human rights due diligence, which are not explicitly addressed in the UN Guiding Principles on Business and Human Rights (UNGPs). It then presents the existing legislative initiatives at the national level, distinguishing between ‘transparency’ legislation focusing on reporting obligations and legislation on mandatory human rights and environmental due diligence, whose most recent examples were adopted in 2021. Finally, it illustrates the EU plans for a directive on mandatory human rights and environmental due diligence. While the European Commission’s proposal has been delayed several times, it might see the light in the course of 2022. The chapter highlights the possible role of this type of legislation in giving implementation to the UNGPs.Keywords(mandatory) human rights and environmental due diligenceModern Slavery ActFrench law on the duty of vigilanceEuropean UnionEnvironmental and climate due diligenceImpact assessments