The Added Value of Tender-Based Public Procurement as an Instrument to Promote Human Rights Compliance: What Impact May Be Expected from the Instrument?

Abstract

Tender-based public procurement could be a useful tool to promote compliance with human rights and labour law obligations in the execution of public contracts. However, at the same time, the instrument itself is likely to negatively affect contracting authorities’ decisions to effectively use this potential, especially during the execution phase. This paper assesses the impact of several general characteristics of tender-based public procurement in light of the promotion of human rights compliance. Could this objective for example benefit from the inherent competitive setting of a tendering procedure, the fundamental principles of public procurement and the resulting doctrine of substantial change? Does tender-based public procurement comprise any inherent barriers when using this as an instrument to promote human rights compliance? By answering these questions, the paper aims to provide a realistic perspective on the potential of tender-based public procurement as an instrument to promote human rights compliance and the barriers that should be taken into account in this regard. This could be a sensible starting point for any regulatory measures aiming to further facilitate the promotion of human rights compliance through public procurement.