Labour conditions in the global supply chain
Study for the Friedrich-Ebert-Foundation, December 2011
By Dr. Miriam Saage-Maaß
Miriam Saage-Maaß, Program Director for Business and
Human Rights at ECCHR, has developed a study for the Friedrich-Ebert-Foundation
which investigates the extent to which corporations are legally responsible for
working conditions in overseas supplier firms and subsidiaries. The study
focuses on compensation claims under civil law which can be pursued before
German courts.
Miriam Saage-Maaß reaches the conclusion that workers
whose labor and human rights are violated overseas can in principle proceed
against German corporations before German courts. However, given the total
absence of precedent cases within the German-speaking world, there remain many
questions regarding potential compensations claims against corporations for
human rights violations. Although human rights abuses are covered by
compensation norms – take for example, the right to life, health, freedom of
movement and protection from discrimination – it is not yet clear whether the
freedom of unionization or protection from excessive overtime are also legally protected rights under tort law.
Due diligence for corporations under German law could be further developed by
bringing it in line with the stipulations in the UN frameworks and UN guiding
principles for business and human rights. By developing corporate due
diligence, Germany could clarify standards on corporate responsibility in cases
of human rights abuses in overseas subsidiaries and supplier firms and in so
doing, could provide effective legal remedies in accordance with the UN guiding
principles.