Legal Remedies in Addressing Human Rights Violations by Business Companies

Abstract

This thesis examines the evolution and effectiveness of Human Rights and Environmental Due Diligence (HREDD) mechanisms in the European Union, focusing on the transition from soft law to mandatory legal frameworks. It analyzes the French Loi de Vigilance (LdV) and the German Lieferkettensorgfaltspflichtengesetz (LkSG), comparing their approaches to corporate liability and public enforcement. The LdV introduces a civil liability regime, while the LkSG relies on administrative oversight through the Federal Office for Economic Affairs and Export Control (BAFA). Both laws aim to hold corporations accountable for human rights and environmental violations in their supply chains, but their effectiveness is limited by procedural hurdles, jurisdictional ambiguities, and inconsistent enforcement. The Corporate Sustainability Due Diligence Directive (CSDDD) represents the EU’s attempt to harmonize these mechanisms, combining public and private enforcement. It expands the scope of due diligence obligations, mandates stakeholder engagement, and introduces civil liability for non-compliance. However, the Omnibus I package significantly weakens the CSDDD by narrowing its scope, reducing stakeholder involvement, and eliminating harmonized civil liability rules. These amendments prioritize business simplification over victim access to remedies, undermining the directive’s potential to ensure corporate accountability. The thesis argues that the Omnibus I package compromises the CSDDD’s effectiveness by creating legal uncertainty, reducing transparency, and limiting enforcement tools. It concludes that while the CSDDD initially offered a robust framework for HREDD, the amendments risk turning it into a symbolic compliance exercise rather than a transformative tool for corporate responsibility. Future reforms should prioritize harmonization, stakeholder inclusion, and stronger enforcement mechanisms to align with the UN Guiding Principles on Business and Human Rights (UNGPs) and ensure meaningful access to remedies for victims.