Business and Human Rights for Legal Practitioners
UIA Summer Course - Madrid, Spain
With less than 10 years left to achieve the United Nations 2030 Agenda for Sustainable Development, lawyers and the law have critical roles to play in driving progress under the UN Guiding Principles on Business and Human Rights (UNGPs) and toward the UN Sustainable Development Goals (SDGs).
The private sector is increasingly integrating the SDGs into their business practice in order to better manage their risks, build positions in growth markets, and strengthen their supply chains. As companies seek advice about the legal and regulatory implications of aligning themselves with the goals, the UNGPs and the SDGs are fast becoming emerging areas of practice in which lawyers are requested to provide responsible advice to their corporate clients. Lack of full and accurate compliance with environmental, social and governance (ESG) reporting and statements exposes companies to the risks of legal challenges and litigation.
Why is this Course useful?
Lawyers should be aware of the core concepts and principles established by the UNGPs and understand international human rights principles and how they relate to businesses’ operations and how they play a vital role in helping businesses avoid involvement in human rights violations. Law firms are increasingly finding that their business clients seek and require legal advice on the human rights aspects of their transactions and activities to identify and mitigate risks, comply with international and national regulations, and promote their visibility as ethical businesses.
In Europe, certain states (France, Germany, and The Netherlands) have adopted national legislation on due diligence while the UK Modern Slavery Act (2015) has introduced specific human rights reporting duties related to human trafficking and forced and compulsory labour. The European Commission Proposal (of February 23, 2022) for a EU Corporate Sustainability Due Diligence Directive which will apply to large EU companies with more than 500 employees and a net worldwide turnover of €150 million, or with more than 250 employees and net worldwide turnover of more than €40 million provided 50% of such turnover is generated in certain “high-risk sectors” (which include the manufacture and/or wholesale trade of textiles, agriculture, the manufacture of food products, the extraction of mineral resources , the manufacture of basic metal products…), as well as to non-EU companies with a net turnover of more than €40 million generated in the EU, provided at least 50% of such turnover is generated in one of the “high-risk sectors” - all the companies within the scope of the Directive will need to implement a number of specific human rights and environmental due diligence measures.
This initiative amounts to a move towards transforming the responsibility to respect human rights derived from international standards into a legal duty at the EU level. It aims to prevent and mitigate potential or actual adverse impacts on human rights and the environment to enhance good governance throughout the value chain, while ensuring that responsible entities can be held accountable for their impacts, and that anyone who has suffered harm can effectively access justice and obtain a fair trial before a public court and an effective remedy.
This situation presents a challenge to business lawyers who are required to understand and integrate human rights into their current representation and advisory services. At the same time, it presents an opportunity to expand the scope of advice and develop new services all to meet growing expectation that businesses respect human rights throughout their operations.
The Course provides lawyers with an in-depth understanding of the latest issues at the nexus of law and sustainable development; and appreciation of the human rights impacts resulting from business activities at the international, regional, and national levels, and guidance on how to carry out a corporate human rights due diligence process.
Upon completion of the Course, the participants should be able to: demonstrate a thorough knowledge of human rights standards and the applicability of the standards to the challenges companies face; understand the need for corporate due diligence; identify risk management processes and approaches for undertaking due diligence; and develop due diligence assessment methods and tools companies can use to further their respect for human rights.
Who should attend?
Business and human rights practitioners, business lawyers, development lawyers, in-house counsel, academics, and representatives from NGOs and governmental organizations.