The impact of business activity on human rights is increasingly becoming a subject of regulation in the European Union, as well as in the other jurisdictions of the global market.
In the European Union, the lawmaker is designing a positive law framework which, based on the international soft law instruments of business due diligence, establishes:
- the duty of businesses to meet standards of conduct in relation to human rights, the environment and climate change,
- which must be met when operating in the EU or outside of it,
- based on the do-not-harm principle, and
- ensuring access to legal remedy before the judges and adjudicative bodies of the Member States.
The Cuatrecasas Business and Human Rights Practice has been launched to help clients navigate in this new context involving legal, financial and reputational risks. Our services are as follows:
- Designing and implementing processes for identifying, mitigating and correcting risks, including corporate complaints and rectification procedures concerning human rights and the environment; advising on internal and external investigation processes, and on accountability; and preventing green washing and social washing.
- Assisting with processes to identify and manage the impact risks of transactions and investment projects on human rights and the environment, including contractual regulation.
- Designing due diligence and supervisory contractual frameworks for the supply chain.
- Representing in civil and administrative proceedings before state and international courts and other adjudicative bodies, e.g., the OECD’s national contact points, special proceedings under the UN’s universal system of human rights protection, and national control bodies established under the due diligence regulations regarding human rights; and representing in international commercial and investment litigation or arbitration procedures involving claims of human rights violations.
- Handling strategic litigation involving constitutional matters (protection); and handling litigation relating to climate and the environment based on human rights, litigation relating to false advertising, green washing and social washing, unfair competition, actions by consumers and actions relating to directors' liability.