Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a paper from on the proposed draft elements for an international treaty on business and human rights; new guidance from the United Kingdom with regard to compliance with the Modern Slavery Act; and a review of corporate responsibility reporting.

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Corporate Liability and the Alien Tort Statute: Highlights from the Oral Arguments in Jesner v. Arab Bank

On Wednesday, October 11, the U.S. Supreme Court heard oral arguments in Jesner v. Arab Bank. The case may once and for all determine whether companies are appropriate defendants in cases filed pursuant to the Alien Tort Statute (“ATS”).

In granting plaintiffs’ petition for a writ of certiorari, the Supreme Court agreed to review the following question:

This case presents the question this Court granted certiorari to resolve,… More

New Standards of Conduct for Companies Seeking to Operate with Respect for the Rights of LGBTI People

Gay Flag Circle Striped StickerOn September 26, the U.N. High Commissioner for Human Rights released new Standards of Conduct intended to support the business community in tackling discrimination against lesbian, gay, bisexual, transgender, and intersex (“LGBTI”) people. The full report released by the High Commission includes the Standards, background materials, and corporate case studies.

The U.N. Human Rights Office has observed that the Standards are intended to provide both operational guidance for companies and a benchmark against which corporate efforts can be evaluated.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes a number of new guidance documents and tools, including materials on: the elimination of recruitment fees; assurance efforts with regard to human rights reporting and performance; and the development of social compliance systems.

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a new report from the U.N. Working Group on Business and Human Rights; a report evaluating corporate efforts to assess forced labor risks in sugarcane supply chains; and a revised report reviewing national action plans on business and human rights as issued by 18 countries.… More

Proposed Dutch Legislation on Child Labor Due Diligence: What You Need to Know

On February 7, the Dutch Parliament adopted a bill that would require companies to conduct due diligence as to whether child labor is occurring in their own operations or in their supply chains.

The Dutch Senate is expected to review the bill in the coming months. If the bill is approved, further detail on the scope and applicability of the law’s requirements will likely be set forth through an administrative order.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: an announcement by the Government of Australia that it will move forward with the development of a new “Modern Slavery Act”; new commitments by five companies to prohibit recruitment fees in their supply chains; and decision by the African Commission on Human and Peoples’… More

The French Duty of Vigilance Law: What You Need to Know

As previously noted, on February 21, 2017, the French National Assembly adopted a law establishing a “duty of vigilance” for large multinational firms carrying out all or part of their activity in France.

In a subsequent development, on March 23, the French Constitutional Council released a decision upholding the majority of the legislation, but striking down the proposed civil penalties for companies that fail to develop a diligence plan.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a corporation’s “duty of care” with regard to the employees of its suppliers; new IBA guidance for lawyers on integrating business and human rights considerations into their advice to clients; and a report evaluating corporate conflict minerals filings for calendar year 2016.… More

Key Consideration for In-House Counsel: Reviewing Domestic Law Against International Human Rights Standards

In reviewing your current operating locations, do you know the extent to which domestic law is protective of human rights?

Is there a disconnect between your company’s stated commitment to respect human rights and the due diligence efforts that are part of your day-to-day business operations?

Human rights due diligence is a critical component of corporate efforts to operate with respect for human rights, while also managing legal,… More