Human Rights Due Diligence in Law and Practice: Good Practices and Challenges for Business Enterprises

Abstract

This article considers the practices of companies worldwide in attempting to implement human rights due diligence (HRDD) as envisaged by the Guiding Principles on Business and Human Rights. Based on empirical research conducted through surveys and interviews, it analyses corporate practices in this area. It examines the responses of companies with reference to the core elements of implementing HRDD: identifying actual or potential human rights impacts; taking action to address these impacts; and tracking or monitoring the effectiveness of actions. In addition, the article places these practices in the context of the legal developments in the field of HRDD. The research shows the difference that dedicated HRDD - in comparison with nonhuman rights specific processes - can make in terms of identifying adverse human rights impacts of both the company as well as of those which are part of its business relationships.