Human rights litigation is gaining momentum in Europe

Human rights have recently attracted more attention with significant legislation enacted throughout the European Union, and major companies have been increasingly targeted by complex litigation for alleged human rights violations.

Adopted in 2017, the French Duty of Vigilance Law requires companies to devise, publish and implement a “vigilance plan” to identify human rights and environmental risks resulting from their activities and introduce measures to prevent them.

Perhaps the most high-profile action against ESG risks so far is that undertaken by Germany, which adopted the Supply Chain Due Diligence Act on June 11, 2021. The Act will enter into force in 2023 and cover German companies with a workforce of at least 3,000 (1,000 employees as of 2024). 

The trend witnessed in Germany and France to foster responsible (and accountable) business conduct is enshrined in a broader initiative. Current discussions on the EU Corporate Due Diligence and Accountability Directive substantiate this dynamic. 

On December 7, 2020, the European Union adopted a global sanctions regime against human rights violations committed worldwide. This new sanctions regime, directly inspired by the U.S. Global Magnitsky Act, imposes international financial sanctions and travel bans on perpetrators of human rights violations. It further underlines that the protection of human rights is a cornerstone of the EU’s external action and reflects the EU’s determination to enhance its role in addressing human rights violations worldwide.  

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