Human Rights Council

Effectiveness in Implementation of Legislation…

Effectiveness in Implementation of Legislation in WEOG States - Forum on Business and Human Rights 2023

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Day 2 (Room XIX) - Effectiveness in Implementation of Legislation in WEOG States - 12th United Nations Forum on Business and Human Rights 27 - 29 November 2023
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Brief description of the session:
  • There has been a number of pieces of legislation in recent years on business and human rights across WEOG States, especially in relation to mandatory human rights due diligence. A key factor in their implementation will be their effectiveness in changing corporate behaviour to respect human rights. There is also a concern by businesses that a diversity of court and supervisory measures can create difficulties for them if there is no coherence and consistency in interpretation. In addition, many civil society actors are seeking to ensure that the legislation created serves the purpose of increasing both the accountability of businesses for their adverse human rights and environmental impacts, and access to remedies by victims.
  • This session will focus on the different means to ensure the effectiveness of these pieces of legislation to achieve their purposes, without it becoming a "tick the box" exercise for businesses. It will consider good practices and innovative possibilities for the public supervisory mechanisms in place and coherence across courts and other dispute resolution mechanisms, as well as possible new accountability approaches. It will also examine some good practices by businesses in undertaking human rights due diligence, including in their contractual provisions in their value chains and stakeholder engagement. There might also be an opportunity to raise what effectiveness means in terms of requiring meaningful collaboration between Global North and Global South.
Key objectives of the session:
  • Clarify what effectiveness of these pieces of legislation means for the different stakeholders;
  • How public supervision can provide coherent, consistent and innovative solutions;
  • What new causes of action may arise from these pieces of legislation and what remedies might occur as a consequence;
  • How businesses are responding to this legislation;
  • What legislative or administrative changes are needed to ensure better effectiveness;
  • Share 'good practice' examples.
  • Moderator: Robert McCorquodale
  • Speakers: Miriam Saage Maaß, Martijn Scheltema, Hannah Edmonds-Camara, Helena Orella Salinas, Amanda Gorely
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